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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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SS EE RR VV II CC EE SS FF OO RR TT HH EE CC HH II LL DD RR EE NN II NN AA LL LL CC AA SS EE PP LL AA NN SS
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
AA DD OO PP TT II OO NN (( RR EE UU NN II FF II CC AA TT II OO NN ++ AA DD OO PP TT II OO NN ))
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
AA NN OO TT HH EE RR PP LL AA NN NN EE DD PP EE RR MM AA NN EE NN TT LL II VV II NN GG AA RR RR AA NN GG EE MM EE NN TT (( AA PP PP LL AA )) :: II NN DD EE PP EE NN DD EE NN TT LL II VV II NN GG
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)
PP EE RR MM AA NN EE NN TT GG UU AA RR DD II AA NN SS HH II PP (( PP EE RR MM AA NN EE NN TT GG UU AA RR DD II AA NN SS HH II PP ++ RR EE UU NN II FF UU CC AA TT II OO NN ))
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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