The Florida Senate

39.453  Judicial review.--

(1)

(a)  The court shall have continuing jurisdiction in accordance with this section and shall review the status of the child as required by this subsection or more frequently if the court deems it necessary or desirable.

(b)  The court shall retain jurisdiction over a child returned to its parents or legal guardians for a period of 6 months, but, at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination as to whether its jurisdiction shall continue or be terminated.

(c)  After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until the child is adopted. The jurisdiction of the court after termination of parental rights and custody is given to the agency is for the purpose of reviewing the status of the child and the progress being made toward permanent adoptive placement. As part of this continuing jurisdiction, for good cause shown by the guardian ad litem for the child, the court may review the appropriateness of the adoptive placement of the child.

(2)  The court shall review the status of the child and shall hold a hearing as provided in subsection (7). The court may dispense with the attendance of the child at the hearing, but may not dispense with the hearing or the presence of other parties to the review unless before the review a hearing is held before a citizen review panel. Citizen review panels may be established under s. 39.4531 to conduct a review of the status of a child. Notice of a hearing by a citizen review panel must be provided as set forth in subsection (5). At the conclusion of a citizen review panel hearing, each party may propose a recommended order to the chairperson of the panel. Thereafter, the citizen review panel shall submit its report and recommended order to the court. The citizen review panel's recommended order must be limited to the dispositional options available to the court in subsection (8). Each party may file exceptions to the report and recommended order of the citizen review panel in accordance with Rule 1.490, Florida Rules of Civil Procedure.

(3)

(a)  The initial judicial review must be held no later than 6 months after the date the child was removed from the home. If the child remains in shelter or foster care, subsequent judicial reviews must be held at least every 6 months after the date of the most recent judicial review until the child is 13 years old and has been in foster care at least 18 months.

(b)  If the court extends the case plan beyond 18 months, judicial reviews must be held at least every 6 months for children under the age of 13 and at least annually for children age 13 and older.

(c)  If the child is placed in the custody of the department or a licensed child-placing agency for the purpose of adoptive placement, judicial reviews must be held at least every 6 months until adoptive placement to determine the progress made toward adoptive placement.

(d)  If the department and the court have established a formal agreement that includes specific authorization for particular cases, the department may conduct administrative reviews instead of the judicial reviews for children in foster care. Notices of such administrative reviews must be provided to all parties. However, an administrative review may not be substituted for the first judicial review, and in every case the court must conduct a judicial review at least every 12 months. Any party dissatisfied with the results of an administrative review may petition for a judicial review.

(e)  The clerk of the circuit court shall schedule judicial review hearings in order to comply with the mandated times cited in paragraphs (a)-(d).

(f)  In each case in which a child has been voluntarily placed with the licensed child-placing agency, the agency shall notify the clerk of the court in the circuit where the child resides of such placement within 5 working days. Notification of the court is not required for any child who will be in foster care no longer than 30 days unless that child is placed in foster care a second time within a 12-month period. If the child is returned to the custody of the parents or guardian before the scheduled review hearing or if the child is placed for adoption, the child-placing agency shall notify the court of the child's return or placement within 5 working days, and the clerk of the court shall cancel the review hearing.

(4)  The social service agency shall file a petition for review with the court within 10 calendar days after the judicial review hearing. The petition must include a statement of the dispositional alternatives available to the court. The petition must accompany the notice of the hearing served upon persons specified in subsection (5).

(5)  Notice of the hearing and a copy of the petition, including a statement of the dispositional alternatives available to the court, must be served by the court upon:

(a)  The social service agency charged with the supervision of care, custody, or guardianship of the child, if that agency is not the petitioner.

(b)  The foster parent or parents or caretakers in whose home the child resides.

(c)  The parent, guardian, or relative from whom the care and custody of the child have been transferred.

(d)  The guardian ad litem for the child, if one has been appointed.

(e)  Such other persons as the court may in its discretion direct.

(6)

(a)  The social service agency shall make an investigation and social study concerning all pertinent details relating to the child and shall furnish to the court or citizen review panel a written report that includes, but is not limited to:

1.  A description of the type of placement the child is in at the time of the hearing.

2.  Documentation of the diligent efforts made by all parties to the case plan to comply with each applicable provision of the plan.

3.  The amount of fees assessed and collected during the period of time being reported.

4.  The services provided to the foster family or caretakers in an effort to address the needs of the child as indicated in the case plan.

5.  A statement concerning whether the parent or guardian, though able to do so, did not comply substantially with the provisions of the case plan and the agency recommendations or a statement that the parent or guardian did substantially comply with such provisions.

6.  A statement from the foster parent or parents or caretakers providing any material evidence concerning the return of the child to the parent or parents.

(b)  A copy of the written report must be provided to the attorney of record of the parent, parents, or guardian; to the parent, parents, or guardian; to the foster parents or caretakers; to each citizen review panel established under s. 39.4531; and to the guardian ad litem for the child, if one has been appointed by the court, at least 48 hours before the judicial review hearing, or citizen review panel hearing if such a panel has been established under s. 39.4531. The requirement for providing parents or guardians with a copy of the written report does not apply to those parents or guardians who have voluntarily surrendered their child for adoption.

(c)  In a case in which the child has been permanently placed with the social service agency, the agency shall furnish to the court a written report concerning the progress being made to place the child for adoption. If, as stated in s. 39.451(1), the child cannot be placed for adoption, a report on the progress made by the child in alternative permanency goals or placements, including, but not limited to, long-term foster care, independent living, custody to a relative or adult nonrelative approved by the court on a permanent basis with or without legal guardianship, or custody to a foster parent on a permanent basis with or without legal guardianship, must be submitted to the court. The report must be submitted to the court at least 48 hours before each scheduled judicial review.

(d)  In addition to or in lieu of any written statement provided to the court, the foster parent or caretakers shall be given the opportunity to address the court with any information relevant to the best interests of the child at any judicial review hearing.

(7)  The court, and any citizen review panel established under s. 39.4531, shall take into consideration the information contained in the social services study and investigation and all medical, psychological, and educational records that support the terms of the case plan; testimony by the social services agency, the parent or guardian, the foster parent or caretakers, the guardian ad litem if one has been appointed for the child, and any other person deemed appropriate; and any relevant and material evidence submitted to the court, including written and oral reports to the extent of their probative value. In its deliberations, the court, and any citizen review panel established under s. 39.4531, shall seek to determine:

(a)  If the parent or guardian was advised of the right to receive assistance from any person or social service agency in the preparation of the case plan.

(b)  If the parent or guardian has been advised of the right to have counsel present at the judicial review or citizen review hearings. If not so advised, the court or citizen review panel shall advise the parent or guardian of such right.

(c)  If a guardian ad litem needs to be appointed for the child in a case in which a guardian ad litem has not previously been appointed or if there is a need to continue a guardian ad litem in a case in which a guardian ad litem has been appointed.

(d)  The compliance or lack of compliance of all parties with applicable items of the case plan, including the parents' compliance with child support orders.

(e)  The compliance or lack of compliance with a visitation contract between the parent or guardian and the social service agency for contact with the child, including the reason for any noncompliance.

(f)  The compliance or lack of compliance of the parent or guardian in meeting specified financial obligations pertaining to the care of the child, including the reason for failure to comply if such is the case.

(g)  The appropriateness of the child's current placement, including whether the child is in a setting which is as family-like and as close to the parent's home as possible, consistent with the child's best interests and special needs.

(h)  A projected date likely for the child's return home or other permanent placement.

(i)  When appropriate, the basis for the unwillingness or inability of the parent or guardian to become a party to a case plan. The court and the citizen review panel shall determine if the nature of the location or the condition of the parent and the efforts of the social service agency to secure parental participation in a case plan were sufficient.

(8)

(a)  Based upon the criteria set forth in subsection (7) and the recommended order of the citizen review panel, if established under s. 39.4531, the court shall determine whether or not the social service agency shall initiate proceedings to have a child declared a dependent child, return the child to the parent, continue the child in foster care for a specified period of time, or initiate termination of parental rights proceedings for subsequent placement in an adoptive home. Modifications to the plan must be handled as prescribed in s. 39.451. If the court finds that the prevention or reunification efforts of the department will allow the child to remain safely at home or be safely returned to the home, the court shall allow the child to remain in or return to the home after making a specific finding of fact that the reasons for removal have been remedied to the extent that the child's safety and well-being will not be endangered.

(b)  The court shall return the child to the custody of the parents at any time it determines that they have substantially complied with the plan, if the court is satisfied that reunification will not be detrimental to the child's safety and well-being.

(c)  If, in the opinion of the court, the social service agency has not complied with its obligations as specified in the written case plan, the court may find the social service agency in contempt, shall order the social service agency to submit its plans for compliance with the agreement, and shall require the social service agency to show why the child should not be returned immediately to the home of the parents or legal guardian.

(d)  The court may extend the time limitation of the case plan, or may modify the terms of the plan, based upon information provided by the social service agency, the natural parent or parents, and the foster parents, and any other competent information on record demonstrating the need for the amendment. Modifications to the plan must be handled as prescribed in s. 39.451. Any extension of a case plan must comply with the time requirements and other requirements specified by this part.

(e)  If, at any judicial review, the court finds that the parents have failed to substantially comply with the case plan to the degree that further reunification efforts are without merit and not in the best interest of the child, it may authorize the filing of a petition for termination of parental rights, whether or not the time period as contained in the case plan for substantial compliance has elapsed.

(f)  If, at the time of the 18-month judicial review or citizen review, the child is not returned to the physical custody of the natural parents, the case plan may be extended only if, at the time of the judicial review or citizen review, the court finds that the situation of the child is so extraordinary that the plan should be extended. The extension must be in accordance with subsection (3).

(g)  The court may issue a protective order in assistance, or as a condition, of any other order made under this part. In addition to the requirements included in the case plan, the protective order may set forth requirements relating to reasonable conditions of behavior to be observed for a specified period of time by a person or agency who is before the court; and such order may require any such person or agency to make periodic reports to the court containing such information as the court in its discretion may prescribe.

History.--s. 9, ch. 87-289; s. 11, ch. 90-306; s. 3, ch. 90-309; s. 3, ch. 91-183; s. 49, ch. 92-58; s. 6, ch. 92-158; s. 27, ch. 94-164.