IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE - 2019 FAST-TRACK REPORT

Fla. | 2019-11-27

No. SC19-1818

Canady, C.J., Polston, J., Labarga, J., Lawson, J., Lagoa, J., Muñiz, J.

Florida Supreme Court (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The Florida Supreme Court adopted all amendments to the Florida Rules of Juvenile Procedure as proposed by the Juvenile Court Rules Committee. The amendments require courts to provide specific plain-language advisements to parents at shelter hearings and adjudication hearings regarding the one-year timeframe for reunification, the requirement to maintain contact with counsel and case managers, the duty to notify parties of barriers to case plan compliance, and the consequences of failure to substantially comply with the case plan. The amendments also shorten the timeframe for residential treatment reviews from three months to sixty days, require judicial review orders to explicitly state that the department has placement and care responsibility when a child remains in out-of-home care, and enhance case plan development procedures to ensure parents understand their obligations and the strategies available to overcome barriers to compliance.

Headnotes

[1] The Florida Supreme Court has constitutional jurisdiction to adopt amendments to the Florida Rules of Juvenile Procedure in response to legislative changes to chapter 39,…

[2] At a shelter hearing, the court must advise parents in plain language that they must take action to comply with the case plan so permanency with the child may occur withi…

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Key Quotes

“We have jurisdiction and adopt the amendments as proposed.”
Establishes the Court's constitutional authority to adopt rules of procedure and its decision to approve the Committee's proposed amendments.

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Facts & Procedural History

The Florida Bar's Juvenile Court Rules Committee filed a fast-track out-of-cycle report proposing amendments to the Florida Rules of Juvenile Procedur…

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Topics

Dependency Adjudication Termination Of Parental Rights

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Opinion of the Court

Supreme Court of Florida

No. SC19-1818

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE—2019 FAST-TRACK REPORT.

November 27, 2019

CORRECTED OPINION

PER CURIAM.

The Florida Bar's Juvenile Court Rules Committee (Committee) has filed a "fast-track" out-of-cycle report proposing amendments to the Florida Rules of Juvenile Procedure in response to recent legislation. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction¹ and adopt the amendments as proposed.

The Committee proposes amendments to the following rules and forms: rules 8.240 (Computation, Continuance, Extension, and Enlargement of Time); 8.305 (Shelter Petition, Hearing, and Order); 8.332 (Order Finding Dependency); 8.345 (Post-Disposition Relief); 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency); 8.355 (Administration of

1. See art. V, § 2(a), Fla. Const.

Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained); 8.400 (Case Plan Development); 8.415 (Judicial Review of Dependency Cases); 8.430 (Modification of Permanency Order); 8.525 (Adjudicatory Hearings); and forms 8.961 (Shelter Order); 8.965 (Arraignment Order); 8.966 (Adjudication Order-Dependency); 8.970 (Order on Judicial Review); 8.973A (Order on Judicial Review for Child Age 17 or Older); 8.973B (Order on Judicial Review); 8.973C (Order on Judicial Review for Young Adults in Extended Foster Care); 8.975 (Dependency Order Withholding Adjudication); 8.983 (Order Involuntarily Terminating Parental Rights); and 8.984 (Order Terminating Parental Rights (Voluntary)). The amendments implement changes to chapter 39, Florida Statutes, made by chapters 2019-142 and 2019-128, Laws of Florida, which became effective July 1, 2019, and October 1, 2019, respectively.²

The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the Committee's proposals. 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. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019).

Committee's proposals and the relevant legislation, we amend the Florida Rules of Juvenile Procedure as proposed by the Committee. The more significant amendments are discussed below.

Subdivision (b) (Shelter Hearing) of rule 8.305 (Shelter Petition, Hearing, and Order) is amended to add language requiring the court to advise parents in plain language what is expected of them to achieve reunification with their child. New subdivisions (b)(11)(A)-(D) are added to include three new advisements that the court must tell the parent at the shelter hearing. See ch. 2019-128, § 3, Laws of Fla. (amending § 39.402(18), Fla. Stat. (2018)). Similarly, subdivision (d) (Failure to Substantially Comply) of rule 8.332 (Order Finding Dependency) is amended to add new subdivisions (d)(1)-(4) to include three new advisements that the court must tell the parent if the court adjudicates a child dependent and the child is in out-of-home care. See ch. 2019-128, § 4, Laws of Fla. (amending § 39.507(7)(c), Fla. Stat. (2018)).

Subdivision (b) (Continuing Residential Placement Reviews) of rule 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency) is amended to change the timeframe for the court's review of the child's residential treatment from no later than three months to no later than sixty days after the child's admission. See ch. 2019-142, § 6, Laws of Fla. (amending § 39.407(6)(g)2., Fla. Stat. (2018)).

Subdivision (b) (Contents) of rule 8.400 (Case Plan Development) is amended to add a phrase regarding the parent's responsibility to comply with the case plan no later than one year after removal or adjudication of the child and to notify the parties of barriers to completing the case plan. See ch. 2019-128, § 7, Laws of Fla. (amending § 39.6011(2)(e), Fla. Stat. (2018), and enacting § 39.6011(4), Fla. Stat. (2019)). Additionally, new subdivision (d)(3) is added to explain the department's responsibility to explain the provision of the case plan to all persons involved, provide the contact information for all entities, explain strategies to overcome barriers to completing the case plan, and advise the parent that he or she should notify the parties of barriers in achieving the case plan within a reasonable time. See id. The subsequent paragraphs of subdivision (d) are renumbered accordingly.

Existing subdivision (f)(6) of rule 8.415 (Judicial Review of Dependency Cases) is renumbered to (f)(7) to accommodate new subdivision (f)(6). 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. Stat. (2019)). New subdivision (f)(8) is also added and states that when a young adult is in extended foster care, each judicial review order must state that the department has placement and care responsibility for the young adult. New subdivision (f)(8) also states that when a young adult is in extended foster care, the court shall find whether the department has made reasonable efforts to finalize the permanency plan. See id. Lastly, new subdivision (g)(5) is added and states that when a young adult voluntarily leaves extended foster care, an order regarding placement of the young adult must be entered within 180 days of the voluntary placement agreement. See id.

Accordingly, the Florida Rules of Juvenile Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.³

3. All comments must be filed with the Court on or before February 10, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, Linda McGrady Berman, Office of the State Attorney, 17th Judicial Circuit, 201 SE 6th Street, Suite 08140, Fort Lauderdale, Florida 33301- 3303, [email protected], and on the Bar Staff Liaison to the Committee, Mikalla Andies Davis, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until March 2, 2020, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and MUÑIZ, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Linda McGrady Berman, Chair, Florida Rules of Juvenile Procedure, Fort Lauderdale, Florida; and Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

APPENDIX

RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND

ENLARGEMENT OF TIME (a)-(c) [No Changes] (d) Continuances and Extensions of Time.

(5) Notwithstanding subdivision (4), proceedings may not be continued or extended for more than a total of 60 days for all parties within any 12- month period. A continuance or extension of time standards beyond 60 days in any 12-month period may be granted only on a finding by the court of extraordinary circumstances and that the continuance or extension of time standards is necessary to preserve the constitutional rights of a party or that there is substantial evidence demonstrating that the child's best interests will be affirmatively harmed without the granting of a continuance or extension of time.

RULE 8.305. SHELTER PETITION, HEARING, AND ORDER (b) Shelter Hearing.

(1)-(10) [No Changes] (11) The court shall advise the parents in plain language what is expected of them to achieve reunification with their child, including that:

(A) parents must take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child;

(B) parents must stay in contact with their attorney and their case manager and provide updated contact information if the parents' phone number, address, or e-mail address changes;

(C) parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers;

(D) if the parents fail to substantially comply with the case plan their parental rights may be terminated and the child's out-of-home placement may become permanent.

(12)-(15) [No Changes] (c) Shelter Order. An order granting shelter care must identify the parties present at the hearing and contain written findings that:

(1)-(7) [No Changes] (8) the court notified the parents, relatives who are providing outof-home care for the child, or legal custodians of the time, date, and location of the next dependency hearing, and of the importance of their active participation in all subsequent proceedings and hearings;-and (9) the court notified the parents or legal custodians of their right to counsel as provided by law-;

(10) the court notified relatives who are providing out-of-home care for a child, as a result of the shelter petition being granted, that they have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child, if they so desire; and (11) the department has placement and care responsibility for any child who is not placed in the care of a parent at the conclusion of the shelter (d) [No Changes]

RULE 8.332. ORDER FINDING DEPENDENCY (a)-(c) [No Changes] (d) Failure to Substantially Comply. The court must advise the parents in plain language that;:

(1) parents must take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child;

(2) parents must stay in contact with their attorney and their case manager and provide updated contact information if the parents' phone number, address, or e-mail address changes;

(3) parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers;

(4) if the parents fail to substantially comply with the case plan, their parental rights may be terminated and the child's out-of-home placement may become permanent.

(e) [No Changes]

RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. At any time before a child is residing in the permanent placement approved at the permanency hearing, Aa child who has been placed in his or her own home, in the home of a relative, or in some other place, under the supervision or legal custody of the department, may be brought before the court by the department or any interested person on a motion for modification of placement. If neither the department, the child, the parents, the legal custodian, nor any appointed guardian ad litem or attorney ad litem object to the change, then the court may enter an order making the change in placement without a hearing. If the department, the child, the parents, the legal custodian, or any appointed guardian ad litem or attorney ad litem object to the change of placement, the court shall conduct a hearing and thereafter enter an order changing the placement, modifying the conditions of placement, continuing placement as previously ordered, or placing the child with the department or a licensed childcaring agency.

(1)-(2) [No Changes] (b) [No Changes]

RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL

TREATMENT CENTER AFTER ADJUDICATION OF

DEPENDENCY (b) Continuing Residential Placement Reviews.

(1) The court shall conduct a hearing to review the status of the child's residential treatment plan no later than 3 months60 days after the child's admission to the residential treatment program. An independent review of the child's progress toward achieving the goals and objectives of the treatment plan must be completed by a qualified evaluator and submitted to the court, the child's attorney, and all parties in writing at least 72 hours before the 3 month60-day review hearing.

(2)-(3) [No Changes] (c)-(d) [No Changes]

RULE 8.355. ADMINISTRATION OF PSYCHOTROPIC

MEDICATION TO A CHILD IN SHELTER CARE OR IN FOSTER CARE

WHEN PARENTAL CONSENT HAS NOT BEEN OBTAINED (a) Motion for Court Authorization for Administration of Psychotropic Medications.

(1) Whenever the department believes that a child in its physical or legal custody requires the administration of a psychotropic medication, and the child's parents or legal guardians have not provided express and informed consent as provided by law, the department or its agent shall file a motion with the court to authorize the administration of the psychotropic medication before the administration of the medication, except as provided in subdivision (c) of this rule. In all cases in which a motion is required, the motion shall include the following information:

(A) the written report of the department describing the efforts made to enable the prescribing physician or psychiatric nurse to obtain express and informed consent for providing the medication to the child and describing other treatments considered or recommended for the child;

(B) Tthe prescribing physician's or psychiatric nurse's signed medical report, as required by law; and (C) Wwhether the prescribing physician or psychiatric nurse has obtained the child's assent to take the medication.

(2)-(4) [No Changes] (b) Court Action on Department's Motion for Administration of Psychotropic Medication.

(1) [No Changes] (2) If the child does not assent to the medication or any party timely files its objection to the proposed administration of the psychotropic medication to the child, the court shall hold a hearing as soon as possible on the department's motion.

(A) At such hearing, the medical report of the prescribing physician or psychiatric nurse is admissible in evidence.

(B) At such hearing, the court shall ask the department whether additional medical, mental health, behavioral, counseling, or other services are being provided to the child that the prescribing physician or psychiatric nurse considers to be necessary or beneficial in treating the child's medical condition, and which the physician or psychiatric nurse recommends or expects to be provided to the child with the medication.

(C)-(D) [No Changes] (c) Emergency Situations.

(1) [No Changes] (2) When Delay Would Cause Significant Harm. Whenever the department believes, based on the certification of the prescribing physician or psychiatric nurse, that delay in providing the prescribed psychotropic medication to the child would, more likely than not, cause significant harm to the child, the department must submit a motion to the court seeking continuation of the medication within 3 working days after the department begins providing the medication to the child.

(A)-(C) [No Changes] (3) [No Changes]

RULE 8.400. CASE PLAN DEVELOPMENT (b) Contents. The case plan must be written simply and clearly in English and the principal language of the parents, if possible. Each case plan must contain:

(5) a written notice to the parent that it is the parent's responsibility to take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child; the parent must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers if the parties are not actively working to overcome them; failure of the parent to substantially comply with the case plan may result in the termination of parental rights, and that a material breach of the case plan by the parent's action or inaction may result in the filing of a petition for termination of parental rights sooner than the expiration of the compliance period; and (6) [No Changes] (c) [No Changes] (d) Department Responsibility.

(1)-(2) [No Changes] (3) Before signing the case plan, the department must explain the provisions of the plan to all persons involved in its implementation, including, when appropriate, the child. The department shall ensure that the parent has contact information for all entities necessary to complete the tasks in the plan. The department must explain the strategies included in the plan which the parent can use to overcome barriers to case plan compliance and shall explain that if a barrier is discovered and the parties are not actively working to overcome such barrier, the parent must notify the parties and the court within a reasonable time after discovering such barrier.

(4)After the case plan has been developed, and before acceptance by the court, the department shall make the appropriate referrals for services that will allow the parents to begin the agreed-upon tasks and services immediately if the parents agree to begin compliance.

(45) The department must immediately give the parties, including the child if appropriate, a signed copy of the agreed-upon case plan.

(56) The department must prepare, but need not submit to the court, a case plan for a child who will be in care no longer than 30 days unless that child is placed in out of home care a second time within a 12-month period.

(67) The department must prepare a case plan for a child in out of home care within 60 days after the department removes the child from the home and shall submit the plan to the court before the disposition hearing for the court to review and approve.

(78) Not less than 3 business days before the disposition or case plan review hearing, the department must file a case plan with the court.

(89) After jurisdiction attaches, the department shall file with the court all case plans, including all case plans prepared before jurisdiction of the court attached. The department shall provide a copy of the case plans filed to all the parties whose whereabouts are known, not less than 3 business days before the disposition or case plan review hearing.

(910) The department must attach a copy of the child's transition plan, if applicable, to the case plan.

(e)-(f) [No Changes]

RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES (a)-(d) [No Changes] (e) Information Available to Court. At the judicial review hearing, the court may receive any relevant and material evidence pertinent to the cause. This must include written reports required by law and may include, but must not be limited to, any psychiatric or psychological evaluations of the child or parent, caregiver, or legal custodian that may be obtained and that are material and relevant. This evidence may be received by the court and relied on to the extent of its probative value, even though it may not be competent in an adjudicatory (f) Court Action.

(1) [No Changes] (2) If the court finds that the parents have substantially complied with the case plandetermines that the circumstances that caused the out-of-home placement, and any issues subsequently identified, have been remedied to the extent that returning the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child's safety, wellbeing, and physical, mental, and emotional health, the court must return the child to the custody of the parents if the court is satisfied that reunification will not be detrimental to the child's safety, well being, or physical, mental, or emotional health.

(3)-(5) [No Changes] (6) If, at any judicial review, the court determines that the child shall remain in out-of-home care in a placement other than with a parent, the court shall order that the department has placement and care responsibility for the child.

(7) The court must enter a written order on the conclusion of the review hearing including a statement of the facts, those findings it was directed to determine by law, a determination of the future course of the proceedings, and the date, time, and place of the next hearing.

(8) When a young adult is in extended foster care, each judicial review order shall provide that the department has placement and care responsibility for the young adult. When a young adult is in extended foster care, the court shall enter an order at least every 12 months that includes a finding of whether the department has made reasonable efforts to finalize the permanency plan currently in effect.

(g) Jurisdiction.

(5) If the young adult elects to voluntarily leave extended foster care for the sole purpose of ending a removal episode and immediately thereafter executes a voluntary placement agreement with the department to reenroll in extended foster care, the court shall enter an order finding that the prior removal episode has ended. Under these circumstances, the court maintains jurisdiction and a petition to reinstate jurisdiction as provided by law is not required. When a young adult enters extended foster care by executing a voluntary placement agreement, the court shall enter an order within 180 days after execution of the agreement that determines whether the placement is in the best interest of the young adult.

(6) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings must be set solely for the purpose of determining the status of the petition and application. The court's jurisdiction must terminate on the final decision of the federal authorities, or on the immigrant child's 22nd birthday, whichever occurs first.

(h)-(i) [No Changes]

Committee Notes

[No Changes]

RULE 8.430. MODIFICATION OF PERMANENCY ORDER (b) Request for Modification by a Parent.

(1) If, after a child is residing in the permanent placement approved at the permanency hearing, a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall first hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order. At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.

(2) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical and emotional health of the child.

Factors that must be considered and addressed in the findings of fact of the order on the motion must include:

(A)-(F) [No Changes]

RULE 8.525. ADJUDICATORY HEARINGS (a)-(i) [No Changes] (j) Order.

(1) Terminating Parental Rights.

(A) If the court finds after all of the evidence has been presented that the elements and one of the grounds for termination of parental rights have been established by clear and convincing evidence, the court shall enter a written order terminating parental rights and proceed with dispositional alternatives as provided by law within 30 days after conclusion of the adjudicatory (B) The order must contain the findings of fact and conclusions of law on which the decision was based. The court shall include the dates of the adjudicatory hearing in the order.

(C) The order must include a brief statement informing the parents of the right to appeal the order to the district court of appeal and the right to file a motion in the circuit court alleging that counsel provided ineffective assistance and a brief explanation of the procedure for filing such a claim.

(D) The parties may stipulate, or the court may order, that parents or relatives of the parent whose rights are terminated be allowed to maintain some contact with the child. If the court orders continued contact, the nature and frequency of this contact must be stated in a written order. The visitation order may be reviewed on motion of any party, including a prospective adoptive parent, and must be reviewed by the court at the time the child is placed for adoption.

(2)-(3) [No Changes]

FORM 8.961. SHELTER ORDER

ORDER FOR PLACEMENT IN SHELTER

THIS CAUSE came on to be heard under chapter 39, Florida Statutes, on the sworn AFFIDAVIT AND PETITION FOR PLACEMENT IN SHELTER CARE filed by .....(petitioner's name)....., on .(date)...... The following persons appeared before the court:

Petitioner Petitioner's attorney Mother Father(s) Legal custodian(s) Guardian ad litem GAL attorney Attorney for the Child Other:

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.

and the Court having reviewed its file and having been otherwise duly advised in the premises finds as follows:

1. The minor child(ren), was/were found within the jurisdiction of this court and is/are of an age subject to the jurisdiction of this court.

2. PLACEMENT IN SHELTER.

The minor child(ren) was/were placed in shelter on .....(date)..... at a.m./p.m. by .....(name)....., a duly authorized agent of the department.

The minor child(ren) need(s) to be placed in shelter at the request of the petitioner for the reasons stated in this order.

3. PARENTS/CUSTODIANS. The parents/custodians of the minor child(ren) are:

Name Address

Mother: Father of .....(child's name).....:

Other: .(relationship and to which child).....

4. INABILITY TO NOTIFY AND/OR LOCATE PARENTS/CUSTODIANS.

The petitioner has made a good faith effort to notify and/or locate, but was unable to notify and/or locate .....(name(s))....., a parent or legal custodian of the minor child(ren).

5. NOTIFICATION. Each parent/legal custodian not listed in #4 above was: duly notified that the child(ren) was/were taken into custody; duly notified to be present at this hearing; served with a statement setting forth a summary of procedures involved in dependency cases; advised of their right to counsel; and was represented by counsel, .....(name)..... knowingly, voluntarily, and intelligently waived the right; or the court declined to accept the waiver because requested appointment of counsel, but the court declined appointment because he/she did not qualify as indigent. requested appointment of counsel and counsel was appointed.

6. PROBABLE CAUSE.

Based on the allegations in the Affidavit and Petition for Placement in Shelter, there is probable cause to believe that the child(ren) is/are dependent based on allegations of abuse, abandonment, or neglect or substantial risk of same.

A finding of probable cause cannot be made at this time and the court requires additional information to determine the risk to the child(ren). The following information must be provided to the court during the continuation of this hearing: .....(information to be provided). This hearing is continued for 72 hours, until .....(date and time)...... The children will remain in shelter care.

7. NEED FOR PLACEMENT. Placement of the child(ren) in shelter care is in the best interest of the child(ren). Continuation in the home is contrary to the welfare of the child(ren) because the home situation presents a substantial and immediate danger which cannot be mitigated by the provision of preventive services and placement is necessary to protect the child(ren) as shown by the following facts:

the child(ren) was/were abused, abandoned, or neglected, or is/are suffering from or in imminent danger of injury or illness as a result of abuse, abandonment, or neglect, specifically: the custodian has materially violated a condition of placement imposed by the court, specifically: the child(ren) has/have no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, specifically:

8. REASONABLE EFFORTS.

Reasonable efforts to prevent or eliminate the need for removing the child(ren) from the home have been made by the department, which provided the following services to the family:

The following specific services, if available, could prevent or eliminate the need for removal or continued removal of the child from the home The date these services are expected to be available is The department is deemed to have made reasonable efforts to prevent or eliminate the need for removal from the home because:

The first contact with the department occurred during an emergency.

The appraisal of the home situation by the department indicates a substantial and immediate danger to the child(ren) which cannot be mitigated by the provision of preventive services.

The child(ren) cannot safely remain at home because no services exist that can ensure the safety of the child(ren). Services are not available because

Even with appropriate services, the child(ren)'s safety cannot be ensured.

The department has made reasonable efforts to keep siblings together after the removal from the home. The reasonable efforts of the department were

It is not in the best interest of each child that all the siblings be placed together in out-ofhome care because

9. RELATIVE PLACEMENT.

The court asked any parents present whether the parents have relatives that might be considered as a placement for the child(ren).

The court advised any parents present that the parents have a continuing duty to inform the department of any relative who should be considered for placement of the child.

By this order, the court notifies the relatives who are providing out-of-home care for the child(ren) of the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child(ren), if they so desire.

It is, therefore, ORDERED AND ADJUDGED, as follows:

1. The child(ren) shall remain/be placed in the shelter custody of: the department, with the department having the discretion to shelter the child(ren) with a relative or other responsible adult on completion of a positive homestudy, abuse registry, and criminal background checks. The department shall have placement and care responsibility while the child(ren) is/are under protective supervision in an out-of-home placement.

all the children shall be placed together in a foster home if available.

a foster home is not available for all the children because placement of all the children in the same foster home is not in the best interest of the child(ren) .....(identify the child(ren))..... because

Other:

2. The child(ren) may may not be returned to the parent/custodian without further order of this court.

3. a. The Guardian Ad Litem Program is appointed. b. An attorney shall be appointed for the child/children has/have special needs as defined in section 39.01305, Florida Statutes. it is necessary.

4. The parents, within 28 days of the date of this order, shall provide to the department the information necessary to accurately calculate child support under section 61.30, Florida Statutes. The parents shall pay child support in accordance with Florida Statutes.

5. The legal custodian, or in the absence of the legal custodian, the department and its agents, are hereby authorized to provide consent for and to obtain ordinary and necessary medical and dental treatment and examination for the above child(ren) including blood testing deemed medically appropriate, and necessary preventive care, including ordinary immunizations and tuberculin testing.

6. Visitation with the child(ren) shall be as follows: By the parents

Between the sibling children

Visitation or interaction between the children .....(identify child(ren))..... is not ordered as it will be contrary to the safety or well-being of .(identify child(ren)) because

7. The parents shall provide to the court and all parties identification and location information regarding potential relative placements.

8. The relatives who are providing out-of-home care for the child(ren) have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child(ren), if they so desire.

9. THE COURT ADVISED THE PARENTS:

A. TO TAKE ACTION TO COMPLY WITH THE CASE PLAN SO

PERMANENCY WITH THE CHILD MAY OCCUR WITHIN THE

SHORTEST PERIOD OF TIME POSSIBLE, BUT NO LATER THAN 1

YEAR AFTER REMOVAL OR ADJUDICATION OF THE CHILD.

B TO STAY IN CONTACT WITH THEIR ATTORNEY AND THEIR

CASE MANAGER AND PROVIDE UPDATED CONTACT

INFORMATION IF THE PARENTS' PHONE NUMBER, ADDRESS, OR

E-MAIL ADDRESS CHANGES.

C. TO NOTIFY THE PARTIES AND THE COURT OF BARRIERS

TO COMPLETING CASE PLAN TASKS WITHIN A REASONABLE

TIME AFTER DISCOVERING SUCH BARRIERS.

D. THAT IF THE PARENTS FAIL TO SUBSTANTIALLY COMPLY

WITH THE CASE PLAN THEIR PARENTAL RIGHTS MAY BE

TERMINATED AND THE CHILD(REN)'S OUT-OF-HOME

PLACEMENT MAY BECOME PERMANENT.

10. Special conditions:

11. This court retains jurisdiction over this matter to enter any other and further orders as may be deemed to be in the best interest and welfare of this/these child(ren).

12. If a Petition for Dependency is subsequently filed in this cause, the Arraignment Hearing is scheduled for .....(date)....., at ..... a.m./p.m. at .....(location of arraignment)...... The parents have a right to be represented by an attorney at the arraignment hearing and during the dependency proceedings.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.

Please contact .....(name, address, telephone number)..... at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired,

ORDERED in .......... County, Florida on .(date)....., at a.m./p.m.

FORM 8.965. ARRAIGNMENT ORDER

ORDER ON ARRAIGNMENT AND

NOTICE OF NEXT HEARING

THIS CAUSE came to be heard on .....(date)....., under chapter 39, Florida Statutes, on the Petition For Dependency filed by .....(name)....., for arraignment of .....(name(s))...... The following persons appeared before the Court:

(Name)....., Petitioner (Name)....., Attorney for the petitioner (Name)....., Attorney for the department (Name)....., Department caseworker (Name). Mother (Name). .., Attorney for the mother (Name)....., Father of .....(child)..... (Name)....., Attorney for father (Name)....., Guardian ad litem (Name). Attorney for guardian ad litem (Name)....., Attorney/Attorneys for .....Child/Children..... (Name)....., Legal custodian (Name)....., Attorney for legal custodian (Name)....., Other

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.

The court having considered the Petition for Dependency and having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. This court has jurisdiction over the subject matter of this action; and

2. The mother, ...... (name).....: ... was .....not noticed of this hearing

.....did not appear, and the court: entered a consent by default did not enter a consent by default;

..... appeared with counsel..... appeared without counsel and: was ..... was not advised of her right to legal counsel; knowingly, intelligently, and voluntarily, .....waived .....did not waive her right to legal counsel; and ......was was not determined to qualify as indigent and.. was

Deny, .... Consent, .... No Plea, .... Continuance The Petitioner: will continue a diligent search and will attempt service. ..... has conducted an adequate diligent search and is excused from further diligent search further attempts at service.

3. The father, .....(name).....:

entered a consent by default did not enter a consent by default;

appeared with counsel. .. appeared without counsel and: was..... was not advised of his right to legal counsel; knowingly, intelligently, and voluntarily, .....waived ......did not waive his right to legal counsel; and .....was was not determined to qualify as indigent and..... was was not appointed an attorney...... was served with a petition for dependency, and entered a plea of: Admit, .... Deny, .... Consent, No Plea, .... Continuance

The Petitioner: will continue a diligent search and will attempt service. ..... has conducted an adequate diligent search and is excused from further diligent search and further attempts at service.

4. That the child(ren)'s current placement in shelter care:

..... is no longer appropriate, and the child(ren) shall be returned to ..... is appropriate, in that the child(ren) is/are in a setting which is as family-like as possible, consistent with the child(ren)'s best interest and special needs; and, that returning the child(ren) to the home would be contrary to the best interest of the minor child(ren); and, that every reasonable effort has been made to eliminate the need for placement of the child(ren) in shelter care, but present circumstances of the child(ren) and the family are such that shelter care is the only way to ensure the child(ren)'s health, safety, and wellbeing.

5. Additional findings: THEREFORE, based on the foregoing findings of fact, it is hereby ORDERED and ADJUDGED that:

1. The minor child(ren) shall: be ..... returned to remain in the care and custody of .....(name)...... ..... remain in the care and custody of the department in shelter care pending adjudication and disposition or until further order of this court.

2. The child(ren): is/are ..... is/are not adjudicated dependent at this hearing.

3. Mediation A case planning conference is/are ordered at this time and shall be conducted on .(date)....., at ..... a.m./p.m., at .....(location)...... All parties, unless otherwise specified, shall attend.

4. As to the mother, .....(name)....., the court: Accepts the plea of: Admit, Deny, Consent, Continuance. .....Appoints Does not appoint an attorney. Sets a hearing for re-arraignment adjudicatory trial disposition and case plan hearing trial status on .(date)..... at a.m./p.m.

5. As to the father, .....(name)....., the court: Accepts the plea of: Admit, Deny, Consent, Continuance. Appoints Does not appoint an attorney. Sets a hearing for re-arraignment adjudicatory trial ..... disposition and case plan hearing trial status on .(date)..... at a.m./p.m.

6. All prior orders not inconsistent with the present order shall remain in full force

DONE AND ORDERED on .....(date)......

The Juvenile Court hereby gives notice of hearing in the above-styled cause on .....(date)..... at .... a.m./p.m., before .....(judge)....., at .....(location)..... or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier font.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact .....(name, address, and telephone number)..... at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired,

PLEASE BE GOVERNED ACCORDINGLY.

FORM 8.966. ADJUDICATION ORDER – DEPENDENCY

ORDER OF ADJUDICATION

THIS CAUSE came before this court on .....(date)....., under chapter 39, Florida Statutes, for adjudication of the Petition for Dependency filed by .....(petitioner's name)....... Present before the court were:

.(Name).. Petitioner .(Name).. , Attorney for the petitioner .(Name).. , Attorney for the department .(Name).. , Department caseworker .(Name).. , Mother ..(Name).. , Attorney for mother

.(Name).. , Father of .....(child)..... .(Name).. , Attorney for father .(Name).. , Guardian ad litem .(Name).. , Attorney for guardian ad litem .(Name).. , Legal custodian .(Name).. , Attorney for legal custodian .(Name(s))....., Minor child(ren) .(Name).. , Attorney ad litem for minor child(ren) .(Name).. , Other

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.

The court having heard testimony and argument and being otherwise fully advised in the premises finds:

1. That the minor child(ren) who is/are the subject matter of these proceedings, is/are dependent within the meaning and intent of chapter 39, Florida Statutes, and is/are (a) resident(s) of the State of Florida.

2. The mother, .....(name).....:

entered a Consent for failure to appear after proper notice. did not enter a Consent for failure to appear after proper notice.

appeared with counsel; appeared without counsel and: was ..... was not advised of her right to legal counsel, knowingly, intelligently, and voluntarily ..... waived ..... did not waive her right to legal counsel and was ..... was not determined to qualify as indigent and ..... was ..... was not

3. The father, .....(name).....:

entered a Consent for failure to appear after proper notice. did not enter a Consent for failure to appear after proper notice.

4. That the child(ren) is/are dependent within the meaning and intent of chapter 39, Florida Statutes, in that the mother, ....(name)....., abused, neglected, or abandoned the minor child(ren) by These facts were proven by ..... preponderance of the evidence clear and convincing evidence.

5. That the child(ren) is/are dependent within the meaning and intent of chapter 39, Florida Statutes, in that the father, .....(name)....., abused, neglected, or abandoned the minor child(ren) by These facts were proven by ..... preponderance of the evidence clear and convincing evidence.

COMMENT: Use 6, 7, and 8 only if the child is in out-of-home placement.

6. That the Court finds that it is in the best interest of the child(ren) to remain in outof-home care.

7. That every reasonable effort was made to eliminate the need for placement of the child(ren) in out-of-home care but the present circumstances of the child(ren) and the mother father are such that out-of-home care is the only way to ensure the health, safety, and wellbeing of the child(ren), in that

8. That the child(ren)'s placement in .....(type of placement)..... is in a setting which is as family like and as close to the home as possible, consistent with the child(ren)'s best interests and special needs.

9. That returning the minor child(ren) to the custody of .....(person who had previous legal custody)..... would be contrary to the best interest and welfare of the minor child(ren).

10. The Court inquiredinformed of any parents present whether they have relatives who might be considered for placement of the child(ren)that the parent or parents shall provide the court and all parties with identification and location information for such relatives.

THEREFORE, based upon the foregoing findings, it is ORDERED AND ADJUDGED

1. The minor child(ren), ......(name(s))....., is/are adjudicated dependent.

2. The child(ren) shall remain in the care and custody of the department in shelter care other .....(name)..... pending disposition.

3. The parents shall provide to the Court and all parties identification and location information regarding potential relative placements.

4. THE COURT ADVISED THE PARENTS:

A. TO TAKE ACTION TO COMPLY WITH THE CASE PLAN SO

PERMANENCY WITH THE CHILD MAY OCCUR WITHIN THE

SHORTEST PERIOD OF TIME POSSIBLE, BUT NO LATER THAN 1

YEAR AFTER REMOVAL OR ADJUDICATION OF THE CHILD.

B. TO STAY IN CONTACT WITH THEIR ATTORNEY AND THEIR

CASE MANAGER AND PROVIDE UPDATED CONTACT

INFORMATION IF THE PARENTS' PHONE NUMBER, ADDRESS, OR

E-MAIL ADDRESS CHANGES.

C. TO NOTIFY THE PARTIES AND THE COURT OF BARRIERS

TO COMPLETING CASE PLAN TASKS WITHIN A REASONABLE

TIME AFTER DISCOVERING SUCH BARRIERS.

D. THAT IF THE PARENTS FAIL TO SUBSTANTIALLY COMPLY

WITH THE CASE PLAN THEIR PARENTAL RIGHTS MAY BE

TERMINATED AND THE CHILD(REN)'S OUT-OF-HOME

PLACEMENT MAY BECOME PERMANENT.

5. This court shall retain jurisdiction over this cause to enter any such further orders that may be deemed necessary for the best interest and welfare of the minor child(ren).

6. All prior orders not inconsistent with the present order shall remain in full force

7. Disposition is scheduled for .....(date)....., at ..... a.m./p.m.

DONE AND ORDERED on .....date..... at .....(city)....., Florida.

.....(date)..... at .....a.m./p.m., before .....(judge)....., at .....(location)....., or as soon thereafter

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier

PLEASE BE GOVERNED ACCORDINGLY.

FORM 8.970. ORDER ON JUDICIAL REVIEW

ORDER ON JUDICIAL REVIEW AND NOTICE OF NEXT HEARING

THIS CAUSE came on to be heard on .(date)..... for Judicial Review on the report filed by the Department of Children and Families in this cause under chapter 39, Florida Statutes.

.(name)....., Child .(name)....., Attorney for the child .(name).. Petitioner .(name)....., Attorney for the petitioner .(name)....., Attorney for the department .(name)....., Department caseworker .(name)....., Mother

.(name)....., Attorney for mother .(name)....., Father of .....(child)..... .(name)....., Attorney for father .(name)....., Guardian ad litem .(name)....., Attorney for guardian ad litem .(name)....., Legal custodian .(name)....., Attorney for legal custodian ....(name)....., Other

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.

And the court having considered

Judicial Review and Social Study Report filed by the Ddepartment Statement/home study filed by the Ddepartment Report of the Gguardian Aad Elitem Case plan filed by the Ddepartment Statement by the Child's Caretaker Whether or not the child is a citizen and, if the child is not a citizen, the steps that have been taken to address the citizenship or residency status of the child Other

AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. That the minor child(ren) who is/are the subject matter of these proceedings was/were adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and is/are resident(s) of the state of Florida.

2. The following parties were notified of this hearing and provided a copy of the

....(name)....., Petitioner .....(name)....., Attorney for the petitioner

.(name)....., Attorney for the department .(name)....., Department caseworker .(name)....., Mother .(name)....., Attorney for mother .(name)....., Father of .(child)..... .(name)....., Attorney for father .(name)....., Guardian ad litem .(name)....., Attorney for guardian ad litem .(name).. Legal custodian .(name)....., Attorney for legal custodian .(name)....., Attorney for the child .(name)....., Other

3. The mother, .....(name)...... did not appear and was appeared right to legal counsel; was not represented by legal counsel; with ..... without legal counsel and was was not advised of her knowingly, intelligently, and voluntarily waived did not waive her right to legal was not appointed an attorney.

4. The father, .....(name).....: did not appear and was knowingly, intelligently, and voluntarily waived did not waive her right to legal

5. The department filed a judicial review report with the court on .....(date)...... This judicial review report is ..... is not in compliance with the statutory requirements.

6. The following parents/legal custodians were notified of their right to participate in the preparation of the case plan and to receive assistance from any other person in the

7. The mother has complied with the following tasks in the case plan: .....(list tasks

8. The mother has not complied with the following tasks in the case plan: .....(list

9. The father, .....(father's name)....., has complied with the following tasks in the

10. The father, .....(father's name). has not complied with the following tasks in the case plan: .....(list tasks not complied with).

11. The mother has has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

12. The father, .....(father's name). visitation as follows: has has not complied with court ordered .(explanation of visitation compliance).

13. The department has has not complied with court ordered visitation as follows: .(explanation of visitation compliance)......

14. The mother has has not complied with court ordered financial support for the child as follows: .(explanation of financial compliance)......

15. The father, .....(father's name)....., financial support for the child as follows: has has not complied with court ordered .(explanation of financial compliance)......

16. The mother has has not complied with court ordered meetings with the department as follows: .(explanation of meetings compliance)......

17. The father, .....(father's name)....., ..... has ..... has not complied with court ordered meetings with the department as follows: .(explanation of meetings compliance)......

18. The department ..... has ..... has not complied with court ordered meetings with the

COMMENT: Use 19, 20, 21, 22, 23, & 24 if child(ren) is/are not placed in the home of a parent.

19. It is in the best interest of the minor child(ren) to be placed in the care and custody of .....(placement ordered)......

20. Placement of the minor child(ren) in the care and custody of .....(placement ordered)..... is in a setting which is as family like and as close to the home as possible, consistent with the child(ren)'s best interests and special needs.

21. The children are are not separated in their placements. The following efforts have been made to reunite separated siblings:

It is not in the best interest of each sibling to be reunited in their placement because:

22. Return of the minor child(ren) to the custody of .....(person(s) from whom child(ren) was/were originally removed)..... would be contrary to the best interest and welfare of the minor child(ren). The child(ren) cannot safely .....remain .....return home with services and removal of the child(ren) is necessary to protect the child(ren).

23. Prevention or reunification services were not .....were indicated and are as follows: .....(services indicated). Further efforts could not have shortened separation of this family because

24. The likelihood of the children's reunification with the parent or legal custodian within 12 months is

COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the parent(s).

25. The child(ren) can safely remain with ..... be returned to .....(parent('s)(s') name(s))..... as long as he/she/they comply(ies) with the following:

The safety, well-being, and physical, mental, and emotional health of the child(ren) are not endangered by allowing the child(ren) to remain return home.

1. The minor child(ren), .....(name(s))....., be placed in the custody of .....(name)....., under supervision of the department. The department shall have placement and care responsibility while the child(ren) is/are under protective supervision in an out-of-home placement.

2. The judicial review report filed by the department is: not accepted and a continuance was requested. accepted by the court.

3. The court finds that it is not likely that the child(ren) will be reunified with the parent or legal custodian within 12 months after the child was removed from the home. The department shall file a motion within 10 days of receipt of this written order to amend the case plan to incorporate concurrent planning into the case plan.

4. The court inquired of any parents present whether they have relatives who might be considered for placement of the children.

5. Other:

6. All prior orders not inconsistent with the present order shall remain in full force

7. This court shall retain jurisdiction over this cause to enter any such further orders as may be deemed necessary for the best interest and welfare of the minor child(ren).

8. This matter is scheduled for Judicial Review on .(date)..... at .....(time)......

DONE AND ORDERED in ......... Florida on .(date)..... at .(time).....

.....(date)..... at .....a.m./p.m., before .....(judge)....., at .....(location)....., or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier

PLEASE BE GOVERNED ACCORDINGLY.

FORM 8.973A. ORDER ON JUDICIAL REVIEW FOR CHILD AGE 17 OR OLDER

THIS CAUSE came on to be heard on ..(date)..... for Judicial Review on the report filed by the Department of Children and Families in this cause under chapter 39, Florida Statutes.

(Name)....., Petitioner .(Name)....., Mother .(Name)....., Father of .(child).....

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be

Because the child reached the age of 17 within the past 90 days, written verification that has a valid Florida driver's license or has been provided with a Florida identification card;

Has received a full accounting if there is a Master Trust for the child and has been informed as to how to access those funds;

Has been provided with information related to the Road-to-Independence Program, including eligibility requirements, information on participation, and assistance in gaining admission to the program; If the child is eligible for the Road-to-Independence Program, has been informed that he or she may reside with the licensed foster family or group care provider with whom the child was residing at the time of attaining his or her 18th birthday or may reside in another licensed foster home or with a group care provider arranged by the department;

Has an open bank account or the identification necessary to open a bank account and the information necessary to acquire essential banking and budgeting skills;

apply;

Has been provided with information on public assistance and how to

Has been provided a clear understanding of where he or she will be living on his or her 18th birthday, how living expenses will be paid, and what educational program the child will be enrolled in;

Has been provided with information as to the child's ability to remain in care until he [or she] reaches 21 years of age or 22 years of age if he/she has a disability;

Has been provided with a letter stating the dates that the child is under the jurisdiction of the court;

Has been provided with a letter stating that the child is in compliance with financial aid documentation requirements;

Has been provided his or her educational records;

Has been provided his or her entire health and mental health records;

Has been provided with information concerning the process for accessing his or her case file;

A case plan, dated filed by the Ddepartment that includes information related to independent living services that have been provided since the child's 13th birthday or since the

Statement by the child's caretaker on the progress the child has made in acquiring

Whether or not the child is a citizen and, if the child is not a citizen, the steps that have

Other:

AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. That the minor child(ren) who .....is/are..... the subject matter of these proceedings .....was/were..... adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and .....is/are.....resident(s) of the state of Florida.

2. The following parties were notified of this hearing and provided a copy of the

....(Name)....., Child .(Name)....., Mother

4. The mother, .....(name).....: knowingly, intelligently, and voluntarily waived ..... did not waive her right to legal

5. The father, .....(name).....: did not appear and was ..... was not represented by legal counsel; knowingly, intelligently, and voluntarily waived ..... did not waive his right to legal

6. The department filed a judicial review report with the court on .....(date)...... The judicial review report is ..... is not in compliance with the statutory requirements.

7. The following parents/legal custodians were notified of their right to participate in the preparation of the case plan and to receive assistance from any other person in the

8. The mother has complied with the following tasks in the case plan: .....(list tasks

9. The mother has not complied with the following tasks in the case plan: .....(list

10. The father, .....(father's name)....., has complied with the following tasks in the

11. The father, .....(father's name)....., has not complied with the following tasks in the case plan: .....(list tasks not complied with)......

12. The mother ..... has ..... has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

13. The father, .....(father's name)....., visitation as follows: has ..... has not complied with court ordered .(explanation of visitation compliance)......

14. The department has has not complied with court ordered visitation as follows: .(explanation of visitation compliance)......

15. The mother has has not complied with court ordered financial support for the child as follows: .(explanation of financial compliance).

16. The father, .....(father's name)....., financial support for the child as follows: has has not complied with court ordered .(explanation of financial compliance)......

17. The mother has has not complied with court ordered meetings with the department as follows: .(explanation of meetings compliance)......

18. The father, .....(father's name)....., ..... has ..... has not complied with court ordered meetings with the department as follows: .(explanation of meetings compliance).

19. The department ..... has ..... has not complied with court ordered meetings with the

COMMENT: Use 20, 21, 22, 23, & 24 if child(ren) is/are not placed in the home of a parent.

20. It is in the best interest of the minor child(ren) to be placed in the care and custody of .....(placement ordered). The department has placement and care responsibility while the child(ren) is/are under protective supervision in an out-of-home placement.

21. Placement of the minor child(ren) in the care and custody of .....(placement ordered). is in a setting which is as family like and as close to the home as possible, consistent with the child(ren)'s best interests and special needs.

22. The children are are not separated in their placements. The

It is not in the best interest of each sibling to be reunited in their placement because:

child(ren) was/were originally removed)..... would be contrary to the best interest and welfare of the minor child(ren). The child(ren) cannot safely remain return home with services and removal of the child(ren) is necessary to protect the child(ren).

24. Prevention or reunification services were not .....were indicated and are as follows: .(services indicated). Further efforts could not have shortened separation of this family because

COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the parent(s).

25. The child(ren) can safely remain with ..... be returned to .....(parent('s)(s') name(s))..... as long as he/she/they comply(ies) with the following:

The safety, wellbeing, and physical, mental, and emotional health of the child(ren) are not endangered by allowing the child(ren) to remain return home.

26. The child's petition and application for special immigrant juvenile status or other immigration decision remains pending.

27. The department has has not complied with its obligation as specified in the written case plan or in the provision of independent living services as required by Florida Statutes.

THEREFORE, based upon the foregoing findings, it is hereby ORDERED AND ADJUDGED that:

1. The minor child(ren), .....(name(s))....., be placed in the custody of .....(name)....., under supervision of the department.

2. The judicial review report filed by the department is: not accepted and a continuance was requested. accepted by the court.

3. Other:

4. All prior orders not inconsistent with the present order shall remain in full force

5. This court shall retain jurisdiction over this cause to enter any such further orders as may be deemed necessary for the best interest and welfare of the minor child(ren).

6. This court shall retain jurisdiction until the final decision is rendered by the federal immigration authorities, or upon the immigrant child's 22nd birthday, whichever shall

7. This court shall retain jurisdiction until the child's 19th birthday for the purpose of determining whether appropriate services to be provided to the young adult before reaching 18 years of age have been provided to the youth.

8. This court shall retain jurisdiction until the child's 21st birthday, or 22nd birthday if the child has a disability, unless the young adult chooses to leave foster care upon reaching 18 years of age, or if the young adult does not meet the eligibility requirements to remain in foster care or chooses to leave care at any time prior to the 21st birthday, or 22nd birthday if the child has a disability.

9. This matter is scheduled for Judicial Review on .(date)..... at .....(time)......

.....(date)..... at .....a.m./p.m., before .....(judge)....., at .....(location)....., or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to

FORM 8.973B. ORDER ON JUDICIAL REVIEW

ORDER ON LAST JUDICIAL REVIEW BEFORE CHILD REACHES AGE 18 AND NOTICE

OF NEXT HEARING

THIS CAUSE came on to be heard on .(date)..... for Judicial Review on the report filed by the Department of Children and Families in this cause under chapter 39, Florida Statutes.

.(Name)....., Mother

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be

Report of the Gguardian Aad Elitem;; A case plan, dated .........., filed by the Ddepartment that includes information related to independent living services that have been provided since the child's 13th birthday or since the

Statement by the child's caretaker on the progress the child has made in acquiring

Whether or not the child is a citizen and, if the child is not a citizen, the steps that have

A copy of the child's transition plan;

Other:

AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. That the minor child(ren) who .....is/are..... the subject matter of these proceedings .....was/were..... adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and .....is/are.....resident(s) of the state of Florida.

2. The following parties were notified of this hearing and provided a copy of the

....(Name)....., Child .(Name)....., Mother knowingly, intelligently, and voluntarily waived ..... did not waive her right to legal

5. The father, .....(name).....: knowingly, intelligently, and voluntarily waived ..... did not waive his right to legal