reglab/housing_qa huggingface dataset:
FL Stat § 39.6021 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part VII - Case Plans (Ss. 39.6011-39.604)|39.6021 - Case planning when parents are incarcerated or become incarcerated.

39.6021 Case planning when parents are incarcerated or become incarcerated.—(1) In a case in which the parent is incarcerated, the department shall obtain information from the facility where the parent is incarcerated to determine how the parent can participate in the preparation and completion of the case plan and receive the services that are available to the parent at the facility. This subsection does not apply if the department has determined that a case plan for reunification with the incarcerated parent will not be offered.(2) A parent who is incarcerated must be included in case planning and must be provided a copy of any case plan that is developed.(3) A case plan for a parent who is incarcerated must comply with ss. 39.6011 and 39.6012 to the extent possible, and must give consideration to the regulations of the facility where the parent is incarcerated and to services available at the facility. The department shall attach a list of services available at the facility to the case plan. If the facility does not have a list of available services, the department must note the unavailability of the list in the case plan.(4) The incarcerated parent is responsible for complying with the facility’s procedures and policies to access services or maintain contact with his or her children as provided in the case plan.(5) If a parent becomes incarcerated after a case plan has been developed, the parties to the case plan must move to amend the case plan if the parent’s incarceration has an impact on permanency for the child, including, but not limited to:(a) Modification of provisions regarding visitation and contact with the child;(b) Identification of services within the facility; or(c) Changing the permanency goal or establishing a concurrent case plan goal.(6) If an incarcerated parent is released before the case plan expires, the case plan must, if appropriate, include tasks that must be completed by the parent and services that must be accessed by the parent upon the parent’s release.(7) If the parent does not participate in preparation of the case plan, the department must include in the case plan a full explanation of the circumstances surrounding his or her nonparticipation and must state the nature of the department’s efforts to secure the incarcerated parent’s participation.(8) This section does not prohibit the department or the court from revising a permanency goal after a parent becomes incarcerated or from determining that a case plan with a goal of reunification may not be offered to a parent. This section may not be interpreted as creating additional obligations for a facility which do not exist in the statutes or regulations governing that facility.History.—s. 1, ch. 2018-45.
FL Stat § 39.603 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part VII - Case Plans (Ss. 39.6011-39.604)|39.603 - Court approvals of case planning.

39.603 Court approvals of case planning.—(1) All case plans and amendments to case plans must be approved by the court. At the hearing on the case plan, which shall occur in conjunction with the disposition hearing unless otherwise directed by the court, the court shall determine:(a) All parties who were notified and are in attendance at the hearing, either in person or through a legal representative. The court may appoint a guardian ad litem under Rule 1.210, Florida Rules of Civil Procedure, to represent the interests of any parent, if the location of the parent is known but the parent is not present at the hearing and the development of the plan is based upon the physical, emotional, or mental condition or physical location of the parent.(b) If the plan is consistent with previous orders of the court placing the child in care.(c) If the plan is consistent with the requirements for the content of a plan as specified in this chapter.(d) In involuntary placements, whether each parent was notified of the right to counsel at each stage of the dependency proceedings, in accordance with the Florida Rules of Juvenile Procedure.(e) Whether each parent whose location was known was notified of the right to participate in the preparation of a case plan and of the right to receive assistance from any other person in the preparation of the case plan.(f) Whether the plan is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency in involuntary placements or the plan is meaningful and designed to address facts and circumstances upon which the child was placed in out-of-home care voluntarily.(2) When the court determines that any of the elements considered at the hearing related to the plan have not been met, the court shall require the parties to make necessary amendments to the plan under s. 39.6013. The amended plan must be submitted to the court for review and approval within 30 days after the hearing. A copy of the amended plan must also be provided to each party, if the location of the party is known, at least 3 business days before filing with the court.(3) A parent who has not participated in the development of a case plan must be served with a copy of the plan developed by the department, if the parent can be located, at least 72 hours prior to the court hearing. Any parent is entitled to, and may seek, a court review of the plan prior to the initial judicial review and must be informed of this right by the department at the time the department serves the parent with a copy of the plan. If the location of an absent parent becomes known to the department, the department shall inform the parent of the right to a court review at the time the department serves the parent with a copy of the case plan.History.—s. 9, ch. 87-289; s. 32, ch. 88-337; s. 26, ch. 94-164; s. 17, ch. 95-228; s. 76, ch. 98-403; s. 37, ch. 99-193; s. 27, ch. 2000-139; s. 18, ch. 2006-86.Note.—Former s. 39.452(5).
FL Stat § 39.6035 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part VII - Case Plans (Ss. 39.6011-39.604)|39.6035 - Transition plan.

39.6035 Transition plan.—(1) During the year after a child reaches 16 years of age, the department and the community-based care provider, in collaboration with the caregiver and any other individual whom the child would like to include, shall assist the child in developing a transition plan. The required transition plan is in addition to standard case management requirements. The transition plan must address specific options for the child to use in obtaining services, including housing, health insurance, education, financial literacy, a driver license, and workforce support and employment services. The plan must also include tasks to establish and maintain naturally occurring mentoring relationships and other personal support services. The transition plan may be as detailed as the child chooses. This plan shall be updated as needed before the child reaches 18 years of age. In developing and updating the transition plan, the department and the community-based care lead agency shall:(a) Provide the child with the documentation required under s. 39.701(3).(b) Coordinate the transition plan with the independent living provisions in the case plan and, for a child with disabilities, the Individuals with Disabilities Education Act transition plan.(c) Provide information for the financial literacy curriculum for youth offered by the Department of Financial Services.(2) The department and the child shall schedule a time, date, and place for a meeting to assist the child in drafting the transition plan. The time, date, and place must be convenient for the child and any individual whom the child would like to include. This meeting shall be conducted in the child’s primary language.(3) The transition plan shall be reviewed periodically with the child, the department, and other individuals of the child’s choice and updated when necessary before each judicial review so long as the child or young adult remains in care.(4) The transition plan must be approved by the court before the child’s 18th birthday and must be attached to the case plan and updated before each judicial review.History.—s. 4, ch. 2013-178; s. 2, ch. 2017-8; s. 17, ch. 2017-151; s. 3, ch. 2018-102; s. 12, ch. 2021-169.
FL Stat § 39.6231 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part VIII - Permanency (Ss. 39.621-39.6251)|39.6231 - Permanent placement with a fit and willing relative.

39.6231 Permanent placement with a fit and willing relative.—(1) If a court finds that reunification or adoption are not in the best interests of a child, the court may place the child with a fit and willing relative as a permanency option if:(a) The child has been in the placement for at least the preceding 6 months;(b) The relative has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence;(c) The relative is suitable and able to provide a safe and permanent home for the child; and(d) The relative agrees to give notice of any change in his or her residence or the residence of the child by filing a written document with the clerk of court.(2) The department and the guardian ad litem shall provide the court with a recommended list and description of services needed by the child and the family in order to ensure the permanency of the placement.(3) In its written order placing the child with a fit and willing relative, the court shall:(a) List the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;(b) State the reasons why permanent placement with a fit and willing relative is being established instead of adoption;(c) Specify the frequency and nature of visitation or contact between the child and his or her parents;(d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509;(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and(f) Require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.(4) The court shall give the relative a separate order establishing his or her authority to care for the child and providing other information the court deems proper which can be provided to entities and individuals who are not parties to the proceeding as necessary, notwithstanding the confidentiality of s. 39.202.(5) The department shall continue to supervise the placement with the relative until further court order. The court shall continue to review the placement at least once every 6 months.(6) Each party to the proceeding must be advised by the department and the court that placement with a fit and willing relative does not preclude the possibility of the child returning to the custody of the parent.(7) The court shall continue to conduct permanency hearings in order to reevaluate the possibility of adoption or permanent guardianship of the child.History.—s. 21, ch. 2006-86.
FL Stat § 39.6241 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part VIII - Permanency (Ss. 39.621-39.6251)|39.6241 - Another planned permanent living arrangement.

39.6241 Another planned permanent living arrangement.—(1) If a court finds that reunification is not in the best interests of a child, the court may approve placement of the child in another planned permanent living arrangement if:(a) The court finds a more permanent placement, such as adoption, permanent guardianship, or placement with a fit and willing relative, is not in the best interests of the child;(b) The department documents reasons why the placement will endure and how the proposed arrangement will be more stable and secure than ordinary foster care;(c) The court finds that the health, safety, and well-being of the child will not be jeopardized by such an arrangement; and(d) There are compelling reasons to show that placement in another planned permanent living arrangement is the most appropriate permanency goal. Compelling reasons for such placement may include, but are not limited to:1. The case of a parent and child who have a significant bond but the parent is unable to care for the child because of an emotional or physical disability, and the child’s foster parents have committed to raising him or her to the age of majority and to facilitate visitation with the disabled parent;2. The case of a child for whom an Indian tribe has identified another planned permanent living arrangement for the child; or3. The case of a foster child who is 16 years of age or older who chooses to remain in foster care, and the child’s foster parents are willing to care for the child until the child reaches 18 years of age.(2) The department and the guardian ad litem must provide the court with a recommended list and description of services needed by the child, such as independent living services and medical, dental, educational, or psychological referrals, and a recommended list and description of services needed by his or her caregiver.(3) The department shall continue to supervise the planned permanent living arrangement until the court orders otherwise. The court shall continue to review the placement at least once every 6 months.History.—s. 22, ch. 2006-86.
FL Stat § 39.704 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part IX - Judicial Reviews (Ss. 39.701-39.704)|39.704 - Exemptions from judicial review.

39.704 Exemptions from judicial review.—Judicial review does not apply to:(1) Minors who have been placed in adoptive homes by a licensed child-placing agency; or(2) Minors who are refugees or entrants to whom federal regulations apply and who are in the care of a social service agency.History.—s. 9, ch. 87-289; s. 14, ch. 90-306; s. 81, ch. 98-403; s. 41, ch. 99-193.Note.—Former s. 39.456.
FL Stat § 39.804 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.804 - Penalties for false statements of paternity.

39.804 Penalties for false statements of paternity.—Any male person or any mother of a dependent child who knowingly and willfully makes a false statement concerning the paternity of a child in conjunction with a petition to terminate parental rights under this chapter and causes such false statement of paternity to be filed with the court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who makes a statement claiming paternity in good faith is immune from criminal liability under this section.History.—s. 34, ch. 94-164; s. 86, ch. 98-403; s. 34, ch. 2000-139.Note.—Former s. 39.4627.
FL Stat § 39.805 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.805 - No answer required.

39.805 No answer required.—No answer to the petition or any other pleading need be filed by any child or parent, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing of any answer or any pleading, the child or parent shall, prior to the adjudicatory hearing, be advised by the court of the right to counsel and shall be given an opportunity to deny the allegations in the petition for termination of parental rights or to enter a plea to allegations in the petition before the court.History.—s. 9, ch. 87-289; s. 242, ch. 95-147; s. 87, ch. 98-403; s. 44, ch. 99-193.Note.—Former s. 39.463.
FL Stat § 39.8055 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.8055 - Requirement to file a petition to terminate parental rights; exceptions.

39.8055 Requirement to file a petition to terminate parental rights; exceptions.—(1) The department shall file a petition to terminate parental rights within 60 days after any of the following if:(a) The child is not returned to the physical custody of the parents 12 months after the child was sheltered or adjudicated dependent, whichever occurs first;(b) A petition for termination of parental rights has not otherwise been filed, and the child has been in out-of-home care under the responsibility of the state for 12 of the most recent 22 months, calculated on a cumulative basis, but not including any trial home visits or time during which the child was a runaway;(c) A parent has been convicted of the murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child of the parent, or a felony battery that resulted in serious bodily injury to the child or to another child of the parent; or(d) A court determines that reasonable efforts to reunify the child and parent are not required.(2) Notwithstanding subsection (1), the department may choose not to file or join in a petition to terminate the parental rights of a parent if:(a) The child is being cared for by a relative under s. 39.6231; or(b) The department has documented in the report to the court a compelling reason for determining that filing such a petition is not in the best interests of the child. Compelling reasons for not filing or joining a petition to terminate parental rights may include, but are not limited to:1. Adoption is not the appropriate permanency goal for the child.2. No grounds to file a petition to terminate parental rights exist.3. The child is an unaccompanied refugee minor as defined in 45 C.F.R. s. 400.111.4. There are international legal obligations or compelling foreign-policy reasons that would preclude terminating parental rights.5. The department has not provided to the family, consistent with the time period in the case plan, services that the department deems necessary for the safe return of the child to the home.(3) Upon good cause shown by any party or on its own motion, the court may review the decision by the department that compelling reasons exist for not filing or joining a petition for termination of parental rights.History.—s. 24, ch. 2006-86; s. 15, ch. 2008-245; s. 14, ch. 2012-178.
FL Stat § 39.808 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.808 - Advisory hearing; pretrial status conference.

39.808 Advisory hearing; pretrial status conference.—(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.(2) At the hearing the court shall inform the parties of their rights under s. 39.807, shall appoint counsel for the parties in accordance with legal requirements, and shall appoint a guardian ad litem to represent the interests of the child if one has not already been appointed.(3) The court shall set a date for an adjudicatory hearing to be held within 45 days after the advisory hearing, unless all of the necessary parties agree to some other hearing date.(4) An advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of parental rights. Adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition. Notice of the use of this subsection must be filed with the court at the same time as the filing of the petition to terminate parental rights.(5) Not less than 10 days before the adjudicatory hearing on a petition for involuntary termination of parental rights, the court shall conduct a pretrial status conference to determine the order in which each party may present witnesses or evidence, the order in which cross-examination and argument shall occur, and any other matters that may aid in the conduct of the adjudicatory hearing to prevent any undue delay in the conduct of the adjudicatory hearing.History.—s. 9, ch. 87-289; s. 33, ch. 88-337; s. 18, ch. 90-306; s. 37, ch. 94-164; s. 90, ch. 98-403; s. 47, ch. 99-193.Note.—Former s. 39.466.
FL Stat § 39.809 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.809 - Adjudicatory hearing.

39.809 Adjudicatory hearing.—(1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.(2) The adjudicatory hearing must be held within 45 days after the advisory hearing, but reasonable continuances for the purpose of investigation, discovery, or procuring counsel or witnesses may, when necessary, be granted.(3) The adjudicatory hearing must be conducted by the judge without a jury, applying the rules of evidence in use in civil cases and adjourning the case from time to time as necessary. For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge may consider in-court testimony previously given at any properly noticed hearing, without regard to the availability or unavailability of the witness at the time of the actual adjudicatory hearing, if the recorded testimony itself is made available to the judge. Consideration of such testimony does not preclude the witness being subpoenaed to answer supplemental questions.(4) All hearings involving termination of parental rights are confidential and closed to the public. Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The child and the parents may be examined separately and apart from each other.(5) The judge shall enter a written order with the findings of fact and conclusions of law.History.—s. 9, ch. 87-289; s. 19, ch. 90-306; ss. 8, 10, ch. 92-158; s. 38, ch. 94-164; s. 91, ch. 98-403.Note.—Former s. 39.467.
FL Stat § 39.813 (2021)
2021 Florida Statutes|Title V - Judicial Branch|Chapter 39 - Proceedings Relating to Children|Part X - Termination of Parental Rights (Ss. 39.801-39.8155)|39.813 - Continuing jurisdiction.

39.813 Continuing jurisdiction.—The court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain exclusive jurisdiction in all matters pertaining to the child’s adoption pursuant to chapter 63.History.—s. 95, ch. 98-403.