Dependency

Overview

www.GuardianadLitem.org

January 2011

2

Shelter Hearing(within 24 hours)

39.401(3) &

39.402(8)(a)

Dependency

Petition Filed(within 21 days)

39.501(4)

Arraignment &

Shelter Reviewwithin 28 days

39.506(1)

Adjudicatory

Hearingwithin 30 days

after arraignment

39.507 (1)(a)

Disposition 15 days after

Arraignment if consent

or admit, within 30 days

from last day of adj.

hearing 39.507(8)

Initial Judicial Review90 days after disposition

hearing, or date court approved

case plan, or 6 months after

child’s removal from home

39.521(1)(c)

Judicial Permanency

ReviewDetermine Permanency Goal

12 months placed in shelter

39.701(8)(h)

Judicial ReviewEvery 6 months 39.701 or

every 90 days if child is in RTC

39.407(6)(h)

Permanent

Guardianship

Adoption (If TPR filed)

Relative

Placement

Reunification

Path of a Case

Petition for

Expedited

TPR

39.806(1)

Case Planning

Conference

facilitated by

the Department

39.6011Case Plan Approval

Approve at time of

disposition or within 30

days after disposition

39.521(1)

Concurrent Case

Planning

At the 6 month JR, if court

finds reunification unlikely

within 12 months of

removal the department

must begin concurrent

planning 39.701(9)(e)

APPLA

Timeframes Mandated by Florida StatutesTime limitations are the right of the child – total time allowed for continuances may not exceed 60 days in any 12 month period § 39.0136(3)

Month

1Month

2Month

3Month

4

Month

5Month

6Month

7

Month

8Month

9Month

10Month

11Month

12

17 ½ JR

No c

hild

to re

ma

in in

foste

r ca

re m

ore

tha

n 1

2 m

on

ths §

39

.00

1(1

)(h)

CONCURRENT

PLANNING

If the Court Finds

Reunification Unlikely

Must begin

Concurrent Planning

at 6 Month Review §

39.701(9)(e)

Case plan developed w/in 60 days of removal

Case plan expires 12 months from removal or court approval of case plan

SHELTER HEARING

24 hours §39.401(3) &

39.402(8)(a)

ARRAIGNMENT –

SHELTER REVIEW

28 days from Shelter §39.506(1)

DEP. PETITION

within 21

days of Shelter §39.501(4)

ADJUDICATION

30 days from Arraignment §39.507(1)(a)

CASE PLAN APPROVAL

At or 30 days after Disposition §39.521(1)

INITIAL JUDICIAL REVIEW

90 days from disposition or case

plan approval not more than 6

months from removal §39.521(1)(c)

JUDICIAL REVIEWS

Every 6 months §39.701(1)(e) and (9)(e),

or 90 days if RTC § 39.407(6)(h)

Notice to Parents:Failure to Substantially Comply = TPRMaterial Breach = TPR petition sooner §39.6011(e)(2)

TPR PETITION

Within 60 days of Permanency Hearing

DISPOSITION

15 days from Arraign.(Consent/Admit) OR§39.506(1) Rule 8.315

30 days from last

day of Adj. (Deny)

§ 39.507(8)

PERMANENCY HEARING

PERMANENCY HEARING

12 months after Shelter §39.621

& §39.701(8)(h)

Permanent

Guardianship

Adoption

(If TPR filed)

Relative

Placement

Reunification

APPLA

Shelter

Shelter Hearing Checklist

Dependency Petition

Dependency Petition Checklist

D E P E N D E N C Y P E T I T I O N C H E C K L I S T

CONTENTS OF DEPENDENCY PETITION CHECKLIST

Form and Content: See § 39.501; Rule 8.310.

Petition must be in writing and titled “Petition for Dependency”.

State separate counts for each allegation.

Identify all parents by name and address, if known.

If not known, describe all attempts made to obtain the information. (See § 39.503).

Identify all current legal custodians of the child by name and address, if known.

o If not known, describe all attempts made to obtain the information. Identify the age, sex, and name of the child(ren).

Specify allegations of a factual basis establishing prima facie abuse, neglect, and/or abandonment.

Identify the person(s) alleged to have committed the acts or omissions, if known.

o If not known, describe all attempts made to obtain the information. o If the perpetrator is someone other than a parent or legal custodian and the parent

or legal custodian is alleged to be culpable, allege those facts. State whether:

o a parent or legal custodian named in the petition has previously unsuccessfully participated

in voluntary services offered by the department.

o a parent or legal custodian named in the petition has participated in mediation and whether

a mediation agreement exists.

o a parent or legal custodian has rejected the voluntary services offered by the department.

o the department determined voluntary services are not appropriate for the parent

or legal custodian and the reasons for such determination.

Petitioner shall sign under oath stating the petitioner’s good faith in filing the petition.

If filed by the department, it shall be signed by an attorney for the department.

Service

Parents and legal custodians must be served at least 72 hours before the arraignment hearing.

DEPENDENCY ADJUDICATORY HEARING CHECKLIST

Timeline

An adjudicatory hearing shall be held as soon as practicable after the petition for dependency is filed, but no later than 30 days after the arraignment. § 39.507(1)(a).

Case Plans

Concurrent Planning

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Counseling: DCF/CBC will provide a referral to be evaluated/receive counseling etc. within 72 hours of case plan acceptance

Disability Services for the Child, if applicable o DCF/CBC will apply for SSI on the child’s behalf within 3 months of child coming into care o DCF/CBC will immediately establish a Master Trust Account once disability benefits are received o DCF/CBC will provide a quarterly Master Trust accounting / notice of the child’s right to request a waiver o DCF/CBC will refer the child to APD or other appropriate agency for purposes of ensuring the child is enrolled in the Medicaid

waiver program within one month of the child coming into care

Visitation: DCF/CBC will facilitate sibling / parental visitation

Education: DCF/CBC will ensure the child’s educational needs are being met o DCF/CBC will ensure the child has an updated IEP (if the child has a disability) and a surrogate parent through the school

Medical: DCF/CBC will ensure the child’s medical needs are being met o DCF/CBC will ensure all child’s prescriptions are current and that the child’s medications are continued should the child’s

placement change

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DCF/CBC will obtain certified copy of child’s birth certificate within 30 days of goal change to concurrent planning

DCF/CBC will refer the case to the appropriate adoption counselor within five days of change of concurrent planning goal

When adoptive placement has been identified, DCF/CBC will complete initial adoptive homestudy on prospective placement

DCF/CBC will begin adoption recruitment efforts immediately upon concurrent planning

DCF/CBC will file a TPR petition within 45 days of concurrent goal change to adoption

DCF/CBC will report to the court every 30 days what efforts they are making to identify, recruit, process and approve a qualified family for adoption

Once prospective adoptive placement has been identified, DCF/CBC will ensure that adoption application and packet is filled out by prospective adoptive family

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DCF/CBC will file an Amended Independent Living Case Plan within 14 days of the completion of the Independent Living Assessment GAL staff should refer to the GAL IL Guidelines & Worksheets for checklists specific to the age of the child

DCF/CBC will refer the child to the appropriate Independent Living Counselor within five days of the filing of this Case Plan

DCF/CBC will complete an Independent Living Assessment

DCF/CBC will conduct an Independent Living Staffing ~ giving timely notice to the child, the child’s GAL and the child’s attorney (if applicable)

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DCF/CBC counselor will complete the necessary paperwork for relative caregiver funds to be distributed within 5 days of Disposition DCF/CBC counselor will obtain a certified copy of the child’s birth certificate, Medicaid card and social security within 30 days of

acceptance of Case Plan

Concurrent Planning

Case Plan Task Examples

May 2007

Judicial Review

Checklist

Judicial Review

17 Year Old JR

Termination of Parental Rights

TPR Checklist

Citation Form

Adoption

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