The Florida Senate

39.451  Case planning for children in foster care.--

(1)  In presenting the case plan to the court, the purpose of a case plan is to ensure permanency for children through recording the actions to be taken by the parties involved in order to quickly assure the safe return of the child to the parents or, if this is not possible, the termination of parental rights and the placement of the child with the department or a licensed child-placing agency for the purpose of finding a permanent adoptive home. Permanent adoptive placement is the primary permanency goal when a child is permanently placed with the department or a licensed child-placing agency. If it is not possible to find a permanent adoptive home, the case plan must record the actions taken for preparing the child for alternative permanency goals or placements such as long-term foster care or independent living.

(2)  The case plan must be limited to as short a period as possible for the accomplishment of its provisions. Unless extended under s. 39.453(8), the plan expires no later than 18 months after the date the child was initially removed from the home.

(3)  The case plan must meet applicable federal and state requirements as provided in s. 39.4031.

(4)

(a)  In each case in which the custody of a child has been vested, either voluntarily or involuntarily, in the department and the child has been placed in foster care, a case plan must be prepared within 30 days after the department removes the child from the home, and shall be submitted to the court, with a hearing scheduled for the court to review and accept or modify the plan within an additional 30 days. If the preparation of a case plan, in conference with the parents and other pertinent parties, cannot be accomplished within 30 days, for good cause shown, the court may grant an extension not to exceed 30 days.

(b)  The parent or parents may receive assistance from any person, or social service agency in the preparation of the case plan. The social service agency and the court, when applicable, shall inform the parent or parents of the right to receive such assistance, including the right to assistance of counsel.

(c)  Before the signing of the case plan, the authorized agent of the department shall explain it to all persons involved in its implementation, including, when appropriate, the child.

(d)  After the case plan has been agreed upon and signed by the parties involved, a copy of the plan must be given immediately to the natural parents, the department or agency, the foster parents, and any other parties identified by the court, including the child, if appropriate.

(e)  The case plan may be amended at any time if all parties are in agreement regarding the revisions to the plan submitted to the court with a memorandum of explanation. The case plan may also be amended by the court or upon motion of any party at a hearing, based on competent evidence demonstrating the need for the amendment. A copy of the amended plan must be immediately given to the parties specified in paragraph (d).

(5)  The case plan must be submitted to the court and all parties for review and acceptance or modification at least 72 hours prior to a court hearing. If the court does not accept any of the requirements of the case plan, the court shall require the parties to make necessary modifications to the plan. An amended plan must be submitted to the court for review and approval within a time certain specified by the court.

(6)  A case plan must be prepared, but need not be submitted to the court, for a child who will be in care no longer than 30 days unless that child is placed in foster care a second time within a 12-month period.

History.--s. 9, ch. 87-289; s. 25, ch. 94-164; s. 16, ch. 95-228.