reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part I - General Provisions (Ss. 39.001-39.0143) › 39.0143 - Dually-involved children.

39.0143 Dually-involved children.—Beginning in fiscal year 2022-2023 through fiscal year 2023-2024, the department and the Department of Juvenile Justice shall identify children who are dually involved with both systems of care. The department and the Department of Juvenile Justice shall collaboratively take appropriate action within available resources to meet the needs of dually-involved children more effectively, and shall jointly submit to the Legislature a quarterly report that includes, at a minimum:
(1) Data on the number of children who are dually involved with both systems of care. Such children include, but are not limited to, those who are the subject of any proceeding under this chapter and, at the same time, are under the supervision of the Department of Juvenile Justice under chapter 985, and those children who were previously served by either the department or the Department of Juvenile Justice and come to the attention of either agency after being served.
(2) Data on the number of children who are placed in licensed care after leaving the custody of the Department of Juvenile Justice.
(3) Information on how both departments track children who are or become dually involved.
(4) A summary of the actions taken by both departments to better serve dually-involved children.
History.—s. 1, ch. 2022-67.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part II - Reporting Child Abuse (Ss. 39.101-39.208) › 39.2022 - Public disclosure of reported child deaths.

39.2022 Public disclosure of reported child deaths.—
(1) It is the intent of the Legislature to provide prompt disclosure of the basic facts of all deaths of children from birth through 18 years of age which occur in this state and which are reported to the department’s central abuse hotline. Disclosure shall be posted on the department’s public website. This section does not limit the public access to records under any other provision of law.
(2) Notwithstanding s. 39.202, if a child death is reported to the central abuse hotline, the department shall post on its website all of the following:
(a) The date of the child’s death.
(b) Any allegations of the cause of death or the preliminary cause of death, and the verified cause of death, if known.
(c) The county where the child resided.
(d) The name of the community-based care lead agency, case management agency, or out-of-home licensing agency involved with the child, family, or licensed caregiver, if applicable.
(e) Whether the child has been the subject of any prior verified reports to the department’s central abuse hotline.
(f) Whether the child was younger than 5 years of age at the time of his or her death.
History.—s. 7, ch. 2014-224.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part II - Reporting Child Abuse (Ss. 39.101-39.208) › 39.203 - Immunity from liability in cases of child abuse, abandonment, or neglect.

39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.—
(1)(a) Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action.
(b) Except as provided in this chapter, nothing contained in this section shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child.
(2)(a) No resident or employee of a facility serving children may be subjected to reprisal or discharge because of his or her actions in reporting abuse, abandonment, or neglect pursuant to the requirements of this section.
(b) Any person making a report under this section shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of such reporting party by reason of his or her making such report. Any detrimental change made in the residency or employment status of such person, including, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations within a prescribed period of time shall establish a rebuttable presumption that such action was retaliatory.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 27, ch. 88-337; s. 55, ch. 90-306; s. 63, ch. 94-164; s. 73, ch. 97-103; s. 33, ch. 98-403; s. 12, ch. 99-193.
Note.—Former ss. 828.041, 827.07(7); s. 415.511.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part II - Reporting Child Abuse (Ss. 39.101-39.208) › 39.204 - Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.

39.204 Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.—The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect and shall not constitute grounds for failure to report as required by s. 39.201 regardless of the source of the information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 2, ch. 85-28; s. 64, ch. 94-164; s. 74, ch. 97-103; s. 34, ch. 98-403; s. 3, ch. 2002-174.
Note.—Former ss. 828.041, 827.07(8); s. 415.512.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part III - Protective Investigations (Ss. 39.301-39.308) › 39.3031 - Rules for implementation of s. 39.303.

39.3031 Rules for implementation of s. 39.303.—The Department of Health, in consultation with the Department of Children and Families, shall adopt rules governing the Child Protection Teams and sexual abuse treatment programs pursuant to s. 39.303, including definitions, organization, roles and responsibilities, eligibility, services and their availability, qualifications of staff, and a waiver-request process.
History.—s. 16, ch. 98-137; s. 17, ch. 99-2; s. 43, ch. 2011-213; s. 14, ch. 2014-19; s. 7, ch. 2015-177; s. 2, ch. 2017-153; s. 18, ch. 2019-3.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part III - Protective Investigations (Ss. 39.301-39.308) › 39.3032 - Memorandum of agreement.

39.3032 Memorandum of agreement.—A memorandum of agreement shall be developed between the Department of Children and Families and the Department of Health that specifies how the teams will work with child protective investigation and service staff, that requires joint oversight by the two departments of the activities of the teams, and that specifies how that oversight will be implemented.
History.—s. 17, ch. 98-137; s. 15, ch. 2014-19.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part III - Protective Investigations (Ss. 39.301-39.308) › 39.306 - Child protective investigations; working agreements with local law enforcement.

39.306 Child protective investigations; working agreements with local law enforcement.—The department shall enter into agreements with the jurisdictionally responsible county sheriffs’ offices and local police departments that will assume the lead in conducting any potential criminal investigations arising from allegations of child abuse, abandonment, or neglect. The written agreement must specify how the requirements of this chapter will be met. For the purposes of such agreement, the jurisdictionally responsible law enforcement entity is authorized to share Florida criminal history and local criminal history information that is not otherwise exempt from s. 119.07(1) with the district personnel, authorized agent, or contract provider directly responsible for the child protective investigation and emergency child placement. The agencies entering into such agreement must comply with s. 943.0525. Criminal justice information provided by such law enforcement entity shall be used only for the purposes specified in the agreement and shall be provided at no charge. Notwithstanding any other provision of law, the Department of Law Enforcement shall provide to the department electronic access to Florida criminal justice information which is lawfully available and not exempt from s. 119.07(1), only for the purpose of child protective investigations and emergency child placement. As a condition of access to such information, the department shall be required to execute an appropriate user agreement addressing the access, use, dissemination, and destruction of such information and to comply with all applicable laws and regulations, and rules of the Department of Law Enforcement.
History.—s. 44, ch. 98-403; s. 11, ch. 99-168.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part III - Protective Investigations (Ss. 39.301-39.308) › 39.3068 - Reports of medical neglect.

39.3068 Reports of medical neglect.—
(1) Upon receiving a report alleging medical neglect, the department shall assign the case to a child protective investigator who has specialized training in addressing medical neglect or working with medically complex children if such investigator is available. If a child protective investigator with specialized training is not available, the child protective investigator shall consult with department staff with such expertise.
(2) The child protective investigator who has interacted with the child and the child’s family shall promptly contact and provide information to the Child Protection Team. The Child Protection Team shall assist the child protective investigator in identifying immediate responses to address the medical needs of the child with the priority of maintaining the child in the home if the parents will be able to meet the needs of the child with additional services. The child protective investigator and the Child Protection Team must use a family-centered approach to assess the capacity of the family to meet those needs. A family-centered approach is intended to increase independence on the part of the family, accessibility to programs and services within the community, and collaboration between families and their service providers. The ethnic, cultural, economic, racial, social, and religious diversity of families must be respected and considered in the development and provision of services.
(3) The child shall be evaluated by the Child Protection Team as soon as practicable. If the Child Protection Team reports that medical neglect is substantiated, the department shall convene a case staffing which shall be attended, at a minimum, by the child protective investigator; department legal staff; and representatives from the Child Protection Team that evaluated the child, Children’s Medical Services, the Agency for Health Care Administration, the community-based care lead agency, and any providers of services to the child. However, the Agency for Health Care Administration is not required to attend the staffing if the child is not Medicaid eligible. The staffing shall consider, at a minimum, available services, given the family’s eligibility for services; services that are effective in addressing conditions leading to medical neglect allegations; and services that would enable the child to safely remain at home. Any services that are available and effective shall be provided.
History.—s. 10, ch. 2014-224; s. 2, ch. 2015-79; s. 21, ch. 2019-3; s. 5, ch. 2023-77.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part III - Protective Investigations (Ss. 39.301-39.308) › 39.308 - Guidelines for onsite child protective investigation.

39.308 Guidelines for onsite child protective investigation.—The Department of Children and Families shall develop guidelines for conducting an onsite child protective investigation that specifically does not require the additional activities required by the department and for conducting an enhanced child protective investigation, including determining whether compelling evidence exists that no maltreatment occurred, conducting collateral contacts, contacting the reporter, updating the risk assessment, and providing for differential levels of documentation between an onsite and an enhanced onsite child protective investigation.
History.—s. 11, ch. 2003-127; s. 18, ch. 2014-19; s. 7, ch. 2023-77.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part IV - Taking Children Into Custody and Shelter Hearings (Ss. 39.395-39.4093) › 39.395 - Detaining a child; medical or hospital personnel.

39.395 Detaining a child; medical or hospital personnel.—Any person in charge of a hospital or similar institution, or any physician or licensed health care professional treating a child may detain that child without the consent of the parents, caregiver, or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such that returning the child to the care or custody of the parents, caregiver, or legal custodian presents an imminent danger to the child’s life or physical or mental health. Any such person detaining a child shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of this chapter and shall make every reasonable effort to immediately notify the parents or legal custodian that such child has been detained. If the department determines, according to the criteria set forth in this chapter, that the child should be detained longer than 24 hours, it shall petition the court through the attorney representing the Department of Children and Families as quickly as possible and not to exceed 24 hours, for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible.
History.—s. 56, ch. 98-403; s. 21, ch. 99-193; s. 19, ch. 2014-19.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part IV - Taking Children Into Custody and Shelter Hearings (Ss. 39.395-39.4093) › 39.4021 - Priority placement for out-of-home placements.

39.4021 Priority placement for out-of-home placements.—
(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that it is a basic tenet of child welfare practice and the law that a child be placed in the least restrictive, most family-like setting available in close proximity to the home of his or her parents which meets the needs of the child, and that a child be placed in a permanent home in a timely manner.
(2) PLACEMENT PRIORITY.—
(a) When a child cannot safely remain at home with a parent, out-of-home placement options must be considered in the following order:
1. Nonoffending parent.
2. Relative caregiver.
3. Adoptive parent of the child’s sibling, when the department or community-based care lead agency is aware of such sibling.
4. Fictive kin with a close existing relationship to the child.
5. Nonrelative caregiver that does not have an existing relationship with the child.
6. Licensed foster care.
7. Group or congregate care.
(b) Except as otherwise provided for in ss. 39.4022 and 39.4024, sibling groups must be placed in the same placement whenever possible and if placement together is in the best interest of each child in the sibling group. Placement decisions for sibling groups must be made pursuant to ss. 39.4022 and 39.4024.
(c) Except as otherwise provided for in this chapter, a change to a child’s physical or legal placement after the child has been sheltered but before the child has achieved permanency must be made in compliance with this section. Placements made pursuant to s. 63.082(6) are exempt from this section.
History.—s. 5, ch. 2021-169.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part IV - Taking Children Into Custody and Shelter Hearings (Ss. 39.395-39.4093) › 39.40225 - Contracts for development of model placement transition plans.

39.40225 Contracts for development of model placement transition plans.—The department shall contract for the development of model placement transition plans and related explanatory material that may be the basis for developing individualized transition plans for children in out-of-home care who are changing placements. Such plans must provide specific recommendations regarding transition plan elements that may include, but are not limited to, the length and pace of the transition and the sequence of steps needed to gradually introduce new caregivers and to build relationships and attachments. The model transition plans shall consider and vary in response to important factors affecting how a child’s placement transition should proceed to mitigate trauma and encourage the child’s healthy development and the stability of the placement, which may include, but is not limited to, the child’s age or developmental stage; the level and type of abuse, neglect, or trauma experienced by the child; attachment to or the length of time the child has spent with the current caregiver; and familiarity with, location of, and attachment to the proposed caregiver. The model transition plans and accompanying explanatory material must be provided to, at a minimum, all staff who develop transition plans for children in out-of-home care, whether such staff work for the department, a community-based care lead agency, or a subcontracted provider. The model transition plans and accompanying material may also be provided to caregivers and other child welfare professionals.
History.—s. 7, ch. 2021-169.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part IV - Taking Children Into Custody and Shelter Hearings (Ss. 39.395-39.4093) › 39.4075 - Referral of a dependency case to mediation.

39.4075 Referral of a dependency case to mediation.—
(1) At any stage in a dependency proceeding, any party may request the court to refer the parties to mediation in accordance with chapter 44 and rules and procedures developed by the Supreme Court.
(2) A court may refer the parties to mediation. When such services are available, the court must determine whether it is in the best interests of the child to refer the parties to mediation.
(3) The department shall advise the parties that they are responsible for contributing to the cost of the dependency mediation.
(4) This section applies only to courts in counties in which dependency mediation programs have been established and does not require the establishment of such programs in any county.
History.—s. 7, ch. 94-164; s. 60, ch. 98-403; s. 58, ch. 2003-402.
Note.—Former s. 39.4033.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510) › 39.501 - Petition for dependency.

39.501 Petition for dependency.—
(1) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.
(2) The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.
(3)(a) The petition shall be in writing, shall identify and list all parents, if known, and all current legal custodians of the child, and shall be signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. When the petition is filed by the department, it shall be signed by an attorney for the department.
(b) The form of the petition and its contents shall be determined by rules of juvenile procedure adopted by the Supreme Court.
(c) The petition must specifically set forth the acts or omissions upon which the petition is based and the identity of the person or persons alleged to have committed the acts or omissions, if known. The petition need not contain allegations of acts or omissions by both parents.
(d) The petitioner must state in the petition, if known, whether:
1. A parent or legal custodian named in the petition has previously unsuccessfully participated in voluntary services offered by the department;
2. A parent or legal custodian named in the petition has participated in mediation and whether a mediation agreement exists;
3. A parent or legal custodian has rejected the voluntary services offered by the department;
4. A parent or legal custodian named in the petition has not fully complied with a safety plan; or
5. The department has determined that voluntary services are not appropriate for the parent or legal custodian and the reasons for such determination.
If the department is the petitioner, it shall provide all safety plans as defined in s. 39.01 involving the parent or legal custodian to the court.
(4) When a child has been placed in shelter status by order of the court, a petition alleging dependency must be filed within 21 days after the shelter hearing, or within 7 days after any party files a demand for the early filing of a dependency petition, whichever comes first. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation. The child’s parent or legal custodian must be served with a copy of the petition at least 72 hours before the arraignment hearing.
(5) A petition for termination of parental rights may be filed at any time.
History.—s. 20, ch. 78-414; s. 7, ch. 84-311; s. 1, ch. 85-338; s. 7, ch. 87-289; s. 14, ch. 88-337; s. 6, ch. 90-306; s. 5, ch. 92-170; s. 8, ch. 94-164; s. 62, ch. 98-403; s. 25, ch. 99-193; s. 13, ch. 2014-224.
Note.—Former s. 39.404.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510) › 39.505 - No answer required.

39.505 No answer required.—No answer to the petition or any other pleading need be filed by any child, parent, or legal custodian, 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 an answer or any pleading, the respondent shall, prior to an 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 dependency or to enter a plea to allegations in the petition before the court.
History.—s. 20, ch. 78-414; s. 229, ch. 95-147; s. 66, ch. 98-403.
Note.—Former s. 39.406.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510) › 39.5086 - Kinship navigator programs.

39.5086 Kinship navigator programs.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Kinship care” means the full-time care of a child placed in out-of-home care by the court in the home of a relative or fictive kin.
(b) “Kinship navigator program” means a program designed to ensure that kinship caregivers are provided with necessary resources for the preservation of the family.
(c) “Relative” means an individual who is caring full time for a child placed in out-of-home care by the court and who:
1. Is related to the child within the fifth degree by blood or marriage to the parent or stepparent of the child; or
2. Is related to a half-sibling of that child within the fifth degree by blood or marriage to the parent or stepparent.
(2) PURPOSE AND SERVICES.—
(a) The purpose of a kinship navigator program is to help relative caregivers and fictive kin in the child welfare system to navigate the broad range of services available to them and the children from public, private, community, and faith-based organizations.
(b) Each community-based care lead agency shall establish a kinship navigator program that:
1. Coordinates with other state or local agencies that promote service coordination or provide information and referral services, including any entities that participate in the Florida 211 Network, to avoid duplication or fragmentation of services to kinship care families;
2. Is planned and operated in consultation with kinship caregivers and organizations representing them, youth raised by kinship caregivers, relevant governmental agencies, and relevant community-based or faith-based organizations;
3. Has a toll-free telephone hotline to provide information to link kinship caregivers, kinship support group facilitators, and kinship service providers to:
a. One another;
b. Eligibility and enrollment information for federal, state, and local benefits;
c. Relevant training to assist kinship caregivers in caregiving and in obtaining benefits and services; and
d. Relevant knowledge related to legal options available for child custody, other legal assistance, and help in obtaining legal services.
4. Provides outreach to kinship care families, including by establishing, distributing, and updating a kinship care website, or other relevant guides or outreach materials; and
5. Promotes partnerships between public and private agencies, including schools, community-based or faith-based organizations, and relevant governmental agencies, to increase their knowledge of the needs of kinship care families to promote better services for those families.
(3) RULEMAKING.—The department may adopt rules to implement this section.
History.—s. 3, ch. 2018-108; s. 23, ch. 2019-3; s. 7, ch. 2019-142; s. 15, ch. 2021-170.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510) › 39.510 - Appeal.

39.510 Appeal.—
(1) Any party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. Appointed counsel shall be compensated as provided in this chapter.
(2) When the notice of appeal is filed in the circuit court by a party other than the department, an attorney for the department shall represent the state and the court upon appeal and shall be notified of the appeal by the clerk.
(3) The taking of an appeal shall not operate as a supersedeas in any case unless pursuant to an order of the court, except that a permanent order of commitment to a licensed child-placing agency or the department for subsequent adoption shall be suspended while the appeal is pending, but the child shall continue in custody under the order until the appeal is decided.
(4) The case on appeal shall be docketed, and any papers filed in the appellate court shall be entitled, with the initials but not the name of the child and the court case number, and the papers shall remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and shall not be open to public inspection. The decision of the appellate court shall be likewise entitled and shall refer to the child only by initials and court case number.
(5) The original order of the appellate court, with all papers filed in the case on appeal, shall remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.
History.—s. 20, ch. 78-414; s. 11, ch. 84-311; s. 9, ch. 90-306; s. 8, ch. 92-170; s. 72, ch. 98-403; s. 34, ch. 99-193.
Note.—Former s. 39.413.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part VII - Case Plans (Ss. 39.6011-39.604) › 39.602 - Case planning when parents do not participate and the child is in out-of-home care.

39.602 Case planning when parents do not participate and the child is in out-of-home care.—
(1) In the event the parents will not or cannot participate in preparation of a case plan, the department shall submit a full explanation of the circumstances and state the nature of its efforts to secure such persons’ participation in the preparation of a case plan.
(2) In a case in which the physical, emotional, or mental condition or physical location of the parent is the basis for the parent’s nonparticipation, it is the burden of the department to provide substantial evidence to the court that such condition or location has rendered the parent unable or unwilling to participate in the preparation of a case plan, either pro se or through counsel. The supporting documentation must be submitted to the court at the time the plan is filed.
(3) The plan must include, but need not be limited to, the specific services to be provided by the department, the goals and plans for the child, and the time for accomplishing the provisions of the plan and for accomplishing permanence for the child.
(4)(a) At least 72 hours prior to the hearing in which the court will consider approval of the case plan, all parties must be provided with a copy of the plan developed by the department. If the location of one or both parents is unknown, this must be documented in writing and included in the plan submitted to the court. After the filing of the plan, if the location of an absent parent becomes known, that parent must be served with a copy of the plan.
(b) Before the filing of the plan, the department shall advise each parent, both orally and in writing, that the failure of the parents to substantially comply with a plan may result in the termination of parental rights, but only after notice and hearing as provided in this chapter. If, after the plan has been submitted to the court, an absent parent is located, the department shall advise the parent, both orally and in writing, that the failure of the parents to substantially comply with a plan may result in termination of parental rights, but only after notice and hearing as provided in this chapter. Proof of written notification must be filed with the court.
History.—s. 9, ch. 87-289; s. 32, ch. 88-337; s. 26, ch. 94-164; s. 17, ch. 95-228; s. 12, ch. 98-280; s. 75, ch. 98-403; s. 36, ch. 99-193.
Note.—Former s. 39.452(1)-(4).
2023 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.
2023 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).
2023 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.
2023 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; or
3. 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.
2023 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.
2023 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.
2023 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.
2023 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.