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PRESENTED BY:TRACY SHEEHAN, CIRCUIT COURT JUDGE
& JON JOHNSON, GENERAL MAGISTRATE
THE THIRTEENTH JUDICIAL CIRCUITTAMPA, FLORIDA
IN THE TRENCHES:
JUVENILE DEPENDENCY CASES
FROM SHELTER TO ADOPTION
39.621 Permanency Determination by the Court-
39.621 Permanency Determination by the Court-(1)Time is of the essence for permanency of children in the
dependency system. A permanency hearing must be held no later than 12 months after the date the child was removed from the home or no later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required.
39.806 Grounds for Termination of Parental Rights-
39.806 Grounds for Termination of Parental Rights-(e)When a child has been adjudicated dependent, a case plan has
been filed with the court, and:(1) The child continues to be abused, neglected, or abandoned by
the parent or parents. The failure of the parent to substantially comply with the case plan for a period of 9 months after an adjudication of the child as a dependent child or the child’s placement into shelter care, whichever occurs first.
39.0136 Time Limitations; Continuances-
39.0136 Time Limitations; Continuances-(1)The Legislature finds that time is of the essence for establishing
permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of the party except as provided in this section.
Best Way to Manage a Dependency Case is to Think Permanency from Day One!
Best Way to Manage a Dependency Case is to Think Permanency from Day One!
Visitation
ChildSupport
Placement
Referrals
Who’sthe
Father?
Legal vs. Prospective Father
Participation of Prospective FatherOne man legal father and another man identified who may have rights to child or two men meet the Chapter 39 definition of parentSee Shuler v. Guardian Ad Litem Program, 34 Fla. L. Weekly D1364 (Fla. 5th DCA 2009)
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition – Shelter
Hearing Information
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition – Probable Cause Statement
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition – Probable Cause Statement,
Cont.
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition
Interim PlacementReport & Probable Cause Affidavit for
Dependency Petition
Hillsborough County
Sheriff’s OfficeChild Protective Investigations
Division – Notice of Hearing
Non-Offending Dads(39.0138, 39.401, 39.521)
Relative Placements
Incarcerated Parents
Case plan tasks must be reasonably related to reason child came into care
Case plan amendments
Determine up front who is paying for services
Understand that course completion does not mean task completion – parent must demonstrate competency with taskSTATUS FREQUENTLY AND EARLY (ideally, first status should be 30 days after disposition)
Drug Issues
Assess case plan compliance
Reassess reasonableness of case plan tasks
Review provider evaluations and progress reports
Review Comprehensive Behavioral Health Assessments
Material Breach
12 mo.
12 mo.
Permanency – Nine months or twelve months - 39.806(1)(e)(1) v. 39.621
Permanent Guardianship
Voluntary Surrenders
TPR Advisories/Trials
Appellate Process
Adoption Process
Informed Consent
Fully completed affidavit with documents physician reviewed
Treatment Plan
Second opinion for children up to five years old (DCF administrative Code 175-98)
Questions?
Thank you for your attention and participation.
