p resented by : t racy s heehan, c ircuit c ourt j udge & j on j ohnson, g eneral m agistrate t...

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.