FL Dependency Flashcards
__________ is the term used in FL for civil cases where th estate protects children from abuse, abandonment or neglect. The court must make a finding that the child is _________ on the state for protection.
Dependency; dependent
Parents have a constitutional right to the care, custody, and control of their children. As a result, parents have a right to:
(1) An attorney
(2) Notice of all hearings
(3) Visitation
Parents’ right to an attorney - This is a _________ right in FL throughout the dependency case, but it is a US constitutional right when the state seeks to permanently terminate parental rights. If the parent is indigent, counsel will be appointed.
Statutory
Parents’ right to visitation - unless there is ____________ visitation is not in the child’s best interest.
Clear and convincing
___________ also have a right to reasonable visits.
Grandparents
The state must use _________ to keep the child in the home with services.
Reasonable efforts
If the child is removed, the state must use ________ to reunify the child with his family as quickly as possible.
Reasonable efforts
Only if family reunification efforts are ________________, the state may consider other options to find the child a new permanent family.
Unsuccessful or unlikely
The 3 main child welfare goals reflected in federal and FL law are:
(1) Safety: protect the child from harm
(2) Permanency: ensure the child has a permanent home with a family
(3) Well-being: ensure that the child receives appropriate health, education and other services
Parents as parties
Each is a separate party
Advocates for the best interests of the child
Guardian ad litem
The state agency with authority to protect abused, abandoned and neglected children. Responsible for investigation, bringing a dependency case, monitoring parents and children and custody and care of children.
Department of Children and Families (DCF)
Does the child have a right to counsel?
No, but may be appointed an attorney ad litem
The Circuit Court has exclusive jurisdiction, the dependency cases are typically heard in the ________ division.
Juvenile
The Juvenile court has jurisdiction until the child turns ___ but can be terminated if the child is over 18 and requests it or if the child is not eligible for extended foster care. Also has jurisdiction if the child is 22 if the child has an open immigration case.
21
Shelter (emergency removal) Hearing:
Key issue?
Should the child be removed form the home?
Shelter (emergency removal) Hearing:
Time?
Within 24 hours after removal
Shelter (emergency removal) Hearing:
Standard of Proof?
Probable cause
Arraignment:
Key issue?
Have the parents received notice and been advised of rights?
Arraignment:
Time?
Within 28 days of shelter
Adjudication:
Key issue?
Is the child dependent?
Adjudication:
Time?
Within 30 days after arraignment
Adjudication:
Standard of Proof?
Preponderance of the evidence
Disposition:
Key issue?
Should the game plan for the case be approved and where should the child live pending final resolution?
Disposition:
Time?
Within 30 days of adjudication
Judicial Review:
Key issue?
Has there been progress on the case plan?
Judicial Review:
Time?
Within 90 days after disposition or approval of case plan, and then every 6 months until case is closed.
Permanency Hearing:
Key issue?
Has there been progress towards finding the child a “forever family”?
Permanency Hearing:
Time?
12 months after child is removed and every 12 months thereafter
Termination of Parental Rights:
Key issue?
Should the parent’s rights be permanently terminated?
Termination of Parental Rights:
Standard of Proof?
Clear & convincing evidence
Abuse Hotline - any person who ______ or has ___________ to suspect abuse or neglect has to report to the DCF abuse hotline.
Knows; reasonable cause
Mandatory Reporters - must report and face loss of a license or possibly criminal charge for failing to report:
(1) Doctors, nurses or hospital personnel
(2) Mental health professionals
(3) Teachers and school administrators
(4) Social workers, day care and other child care providers
(5) Law Enforcement and judges
(6) College and university administrators
The mandate to report abuse or neglect says that neither ________ nor __________ applies.
Privilege; confidentiality
Privilege is part of the law of __________ and impacts what is admissible in court. A person cannot assert a privilege to avoid testifying about child abuse.
Evidence
Except privilege still applies to communications between ________ and ________, and statements to _________ seeking spiritual advice.
Attorney; client; clergy
______________ involves professional license and what professionals have to keep from anyone other than authorized people. Professional can report abuse and not get in trouble with the these rules of their profession. These professionals can also be forced to testify.
Confidentiality
Once a report is made, it must be investigated within ____ days, but may begin immediately depending on seriousness of the allegations.
60
Investigations must include face-to-face interviews with family and home visit. Certain cases are referred to _______________, a multi-disciplinary team involving doctors, social workers, legal services and law enforcement officials.
Child protection team
During the investigative stage, Department of Children and Families may decide to:
(1) Close the case because there is no basis for a dependency case;
(2) Remove the child (shelter) because there is need for immediate action; or
(3) Decide there is no need to remove the child but there is a basis to open a dependency case
10-year-old Cathy told her teacher that she did not do homework because, ever since her parents separated, she has been left at home alone on evenings while her Mom works. Cathy also confided that she is happy her Dad moved out of the house because he and her Mom fought all the time, and her Dad often hit her mom and said mean things. Is there a duty to report?
Yes, teacher has mandatory duty to report.
Has basis to report abuse.
Removal: To remove a child from her parents, there must be sworn testimony that there is ________ to find the following:
(1) Abuse, neglect or abandonment;
(2) That the parent has materially violated a condition imposed by the court; or
(3) The child has no parent, custodian or relative available to provide supervision and care.
Probable cause
________ is the term used when a child is removed form the home but there has not yet been a trial to decide if the child is dependent.
Shelter
If the child is removed from the home, there must be a shelter hearing within ___ hours.
24
DCF must ___________ establishing probable cause for removal.
File a petition
What rights do parents have at shelter phase?
(1) Notice
(2) To be heard and present evidence
(3) Statutory right to an attorney and one will be appointed if indigentl
What must court find to keep child in shelter?
(1) probable cause for removal
(2) child is in substantial and immediate danger at home
(3) providing services will not eliminate the need for removal
(4) DCF made reasonable efforts to prevent removal or threat to child so serious that DCF is excused from making reasonable efforts
________ is the term used to describe where the child will live.
Placement
DCF must conduct a _________ and __________ on every person being considered for placement.
Home study; background check
The first placement option is always to place a child with a ________.
Parent
If the child cannot live with a parent, the next best option is ____________.
A relative
Children can also be placed in __________, non-licensed home if there is an approve home study. This is often a friend of the family or some other person close to the child.
Non-relative
The final placement option will be a licensed foster home or group home. The court does not decide which home the child is placed. The court gives custody to ________ who then selects a specific home.
DCF
Dependency petition must be filed within ____ days after the shelter hearing.
21
Parents must be given _______ and served with Petition.
Notice
DCF must do a ___________ to try and find a parent whose whereabouts are unknown.
Diligent search
An arraignment hearing must be held within ____ days of shelter hearing.
28
Adjudicatory hearings are conducted by the _________.
Judge
Dependency must be proven by a _____________________.
Preponderance of the evidence
What are the possible grounds for dependency?
(1) Abuse
(2) Abandonment
(3) Neglect
(4) There is no parent or legal custodian capable of providing supervision or care.
(5) The child is sexually exploited and there is no parent or legal custodian capable of providing supervision or care.
(6) The parent voluntarily places the child with DCF for purposes of adoption.
(7) The parents voluntarily placed child with DCF and subsequently failed to comply with case plan.
A parent committed or intends to commit a willful act that results in physical, mental or sexual abuse, injury or harm to child (or is likely to cause such an injury)
Abuse
(i) Although financially able, parent makes no significant contribution to child’s care; or
(ii) failed to maintain a substantial and positive relationship with child;
(iii) incarceration may support a finding of this
Abandonment
(i) Although financially able, parent allows child to be deprived of food, clothing, shelter or medical treatment, or
(ii) Although financially able, parent allows child to live in an environment that caused child’s physical, mental or emotional health to be significantly impaired (or in danger of being significantly impaired).
Neglect
What are possible outcomes of the trial?
(1) Child not dependent - If the petitioner has proven the case by preponderance, the court MUST dismiss the case.
(2) Adjudication withheld - If the petitioner has proven the case by preponderance of the evidence but a child can safely be placed at home, the court can withhold adjudication and order services in the home.
- If the parent complies with conditions, case will be dismissed. If not, court an enter adjudication without new trial.
(3) Child is dependent.
DCF prepares a ____________ that serves as the game plan for how the problem can be fixed so that the child can be reunified with the parents or provided another permanent home, and appropriately cared for while under DCF supervision.
Case plan
The plan must be developed in a meeting with all of the key players:
Parents, guardian ad litem, temporary caregiver, child
What is included in the case plan?
(1) Problem(s) to be addressed
(2) Permanency goal: Where should the child live for the rest of childhood?
(3) Services to be provided to the parent and tasks parent must complete to fix the problem.
(4) Parent responsibility for financial support
(5) Role of the foster parents or caregivers
(6) Information and services for child’s care
(7) Time limit: shortest time possible to achieve goals. But plan will expire no later than 12 months after (i) when child was removed from home, (ii) adjudicated dependent; or (iii) case plan was accepted by court (whichever comes first)
(8) Notice that if parents do not comply with the case plan their parental rights may be terminated
(9) Signatures: All parties are expected to sign the case plan. Signing means party agrees to the terms but is not an admission to allegations
What are the possible permanency goals for the case?
(1) Reunification with the parents
(2) Adoption
(3) Permanent Guardianship
(4) Permanent Placement with a fit and willing relative
(5) Placement in another planned permanent living arrangement
These are in order of priority! In order to move down the list, DCF must be able to justify why higher priority goal is not in the child’s best interest.
To place Cathy in a Permanent Guardianship, DCF must explain:
Why reunification and adoption are not in Cathy’s best interest.
Concurrent planning is when:
DCF has a second goal as a back up plan.
For all permanency goals other than ___________________, the dependency case will be closed after the goal is met.
Placement in another planned permanent living arrangement.
The next hearing after adjudication (trial) is disposition where the court:
Approves the case plan and decides where the child will live during the case.
Disposition must be held within ____ days after adjudication.
30
May the parties present evidence to challenge the case plan, placement, services or permanency goals during disposition?
Yes
The court must review the status of the dependency case once every __ months but can hold reviews more often. The first review must happen no later than ____ days after the disposition or approval of case plan.
6; 90
Before each judicial review, DCF must provide all the parties and file with the court a ________________ that provides information about the parents’ progress and the child’s well-being.
Judicial review social services report (JRSSR)
What decisions are made by the Judge at the Judicial Review?
(1) Has DCF made reasonable efforts to achieve the goals of the case?
(2) Have the parents substantially complied with the case plan?
(3) Is the child in an appropriate placement?
(4) Should the permanency goals be changed?
(5) What additional services or obligations need to be added to the case plan?
If the Judge finds that the parents have not complied to such an extent that further progress is unlikely and reunification is no longer in the best interest of the child, the Judge may order:
DCF to file a petition to terminate the parents’ rights.
Rather than appear before a judge, it is possible to have the case reviewed by this group who make recommendations to the judge without a formal court hearing. This process has to be approved by the parties.
Citizen Review Panels
If a child is in foster care when he or she reaches this age, there has to be a special hearing conducted just on his or her needs. THe purpose is to make sure that the system is doing what it is obligated to do to help the child live independently upon reaching adulthood. The child should also be given the option to remain in extended foster care until the age of 21.
17 year old Review
After the child has been in care 12 months or more, there has to be a hearing to decide when the child will achieve permanency and, if there has been little progress, whether the goal needs to be changed. If reunification is no longer likely, the court has to order the case move toward termination of parental rights so a child can have a permanent home and not languish in foster care.
Permanency Hearing
Timing of Termination of Parental Rights
A petition to terminate parental rights can be filed at any time. Most cases start with a dependency petition and go through a case plan process before filing a petition to terminate parental rights.
Due Process Termination of Parental Rights
(1) There must be notice of an advisory hearing for the Petition to Terminate Parental Rights (TPR). Failure to appear serves as consent to the TPR Petition.
(2) TPR Petition must be personally served on parents.
The Department MUST file a TPR petition if:
(1) The child has not returned to the parents 12 months after being sheltered or adjudicated dependent unless good cause.
(2) The child has been out of the home 12 out of the most recent 22 months.
(3) The parent has been convicted of some serious offenses including murder of another parent or another child of the parent.
(4) The court decides that reunification efforts are not required.
What are the grounds for terminating parental rights?
(1) Parent has voluntarily surrendered their rights.
(2) Child has been abandoned and the parents cannot be located within 60 days.
(3) Parents conduct demonstrates continuing involvement would threaten the life, safety, well-being or health of the child, irrespective of provision of services.
(4) Child has been adjudicated dependent, case plan has been materially breached or no substantial compliance by the parent for 12 months.
(5) Parent is incarcerated and either (a) sentence is for a significant period of childhood or (b) parent is a violent career criminal; or (c) continued relationship will be harmful to child.
(6) The parent subjected the child or another child to egregious conduct, aggravated child abuse, sexual battery, sexual abuse; or chronic abuse.
(7) The parent murdered or caused serious physical injury to the other parent or another child.
(8) Parent has a chronic history of alcohol or substance abuse or child was born exposed to substances.
(9) The parent was involuntarily TPRd for another child, or this child or a sibling were in out-of-home-care three or more times.
Standard of Proof for TPR:
All allegations have to be proven by clear & convincing evidence.
What findings must the court make at a TPR hearing?
(1) The grounds for TPR have bene proven, and
(2) Manifest Best Interest - It is in the manifest best interests of the child to terminate parental rights. There are circumstances in which the grounds have been proven but there may be no place for the child to get permanency.
The ultimate goal of terminating parental rights. Cannot happen until parental rights have been terminated.
Adoption
