The Florida Senate

39.4031  Case plan requirements.--

(1)  The department or agent of the department shall develop a case plan for each child or child's family receiving services who is a party to any dependency proceeding, activity, or process under this part. A parent, guardian, or custodian of a child may not be required nor coerced through threat of loss of custody or parental rights to admit in the case plan to abusing, neglecting, or abandoning a child. This section does not change the provisions of s. 39.464.

(2)  The case plan must be:

(a)  Developed in conference with the parent, guardian, or custodian of the child and, if appropriate, the child and any court-appointed guardian ad litem. Any parent who believes that his or her perspective has not been considered in the development of a case plan may request referral to mediation pursuant to s. 39.4033 when such services are available.

(b)  Written simply and clearly in English and, if English is not the principal language of the child's parent, guardian, or custodian, to the extent possible in such principal language.

(c)  Subject to modification based on changing circumstances.

(d)  Signed by all parties.

(e)  Reasonable, accurate, and in compliance with the requirements of other court orders.

(3)  When the child is receiving services in the child's home, the case plan must be developed within 30 days from the date of the department's initial contact with the child, or within 30 days of the date of a disposition order placing the child under the protective supervision of the department in the child's own home, and must include, in addition to the requirements in subsection (2), at a minimum:

(a)  A description of the problem being addressed that includes the behavior or act of a parent resulting in risk to the child and the reason for the department's intervention.

(b)  A description of the services to be provided to the family and child specifically addressing the identified problem, including:

1.  Type of services or treatment.

2.  Frequency of services or treatment.

3.  Location of the delivery of the services.

4.  The accountable department staff or service provider.

5.  The need for a multidisciplinary case staffing under s. 39.4032.

(c)  A description of the measurable objectives, including timeframes for achieving objectives, addressing the identified problem.

(4)  When the child is receiving services in a placement outside the child's home or in foster care, the case plan must be prepared within 30 days after placement and also be approved by the court and must include, in addition to the requirements in subsections (2) and (3), at a minimum:

(a)  A description of the permanency goal for the child, including the type of placement.

(b)  A description of the type of home or institution in which the child is to be placed.

(c)  A description of the financial support obligation to the child, including health insurance, of the child's parent, parents, or guardian.

(d)  A description of the visitation rights and obligations of the parent or parents during the period the child is in care.

(e)  A discussion of the appropriateness of the child's placement, which placement is intended to be in the least restrictive and most family-like setting available consistent with the best interest and special needs of the child and in as close proximity as possible to the child's home.

(f)  A discussion of the department's plans to carry out the judicial determination made by the court, with respect to the child, in accordance with this chapter and applicable federal regulations.

(g)  A description of the plan for assuring that services outlined in the case plan are provided to the child and the child's parent or parents to improve the conditions in the family home and facilitate either the return of the child to the home or the permanent placement of the child.

(h)  A description of the plan for assuring that services as outlined in the case plan are provided to the child and the child's parent or parents to address the needs of the child and a discussion of the appropriateness of the services.

(i)  A description of the plan for assuring that services are provided to the child and foster parents to address the needs of the child while in foster care.

(j)  A written notice to the parent that failure of the parent to substantially comply with the case plan may result in the termination of parental rights, and that a material failure to substantially comply may result in the filing of a petition for termination of parental rights sooner than the compliance periods set forth in the case plan itself. The child protection team shall coordinate its effort with the case staffing committee.

(5)  In the event that the parents are unwilling or unable to participate in the development of a case plan, the department shall document that unwillingness or inability and provide in writing to the parent when available for the court record and then the department shall prepare a case plan conforming as nearly as possible with the requirements set forth in this section. The unwillingness or inability of the parents to participate in the development of a case plan shall not in itself bar the filing of a petition for dependency or for termination of parental rights. The parents, if available, must be provided a copy of the case plan and be advised that they may at any time prior to the filing of petition for termination of parental rights enter into a case plan and that they may request judicial review of any provision of the case plan with which they disagree at any court review hearing set for the child.

(6)  The services delineated in the case plan must be designed to improve the conditions in the family home and aid in maintaining the child in the home, to facilitate the return of the child to the family home, or to facilitate the permanent placement of the child. The service intervention must be the least intrusive possible into the life of the family, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement. To the extent possible, the service intervention must be grounded in outcome evaluation results that demonstrate success in the reunification or permanent placement process. In designing service interventions, generally recognized standards of the professions involved in the process must be taken into consideration.

History.--s. 5, ch. 94-164; s. 8, ch. 95-228.