General

Question 1

Jurisdiction

Answer 1

Circuit court has exclusive jurisdiction for dependency cases.
It has it until a child reaches 21 years of age, unless they choose to leave foster care.

Question 2

Privileged Communication

Answer 2

Only communications b/w attorney/client and statements made to clergy for spiritual advice are privileged in cases involving child abuse, abandonment, or neglect.

Question 3

Parental rights

Answer 3

Constitutional right to the care, custody, and control of their children.

i. Statutory right in Florida for an attorney during dependency proceedings.
ii. Notice of all hearings
iii. Visitation, unless clear and convincing evidence why they shouldn’t (grandparents have right to reasonable visits)

Question 4

3 Main child welfare goals

Answer 4

i. Safety
ii. Permanency
iii. Well-being

Question 5

Attorney must be appointed for a child who:

Answer 5

i. lives or is being placed in a skilled nursing facility
ii. prescribed psychotropic medication but doesn’t want to take it
iii. has a developmental disability
iv. being placed in a residential treatment center
v. victim of human trafficking

Question 6

Investigation

Answer 6

Once a child report (someone knows or has reasonable cause to suspect abuse or neglect) is made, must be investigated w/i 60 days.

Can be sooner depending on severity

Question 7

Placement

Answer 7

Where will child live temporarily?

In order:

i. First option is parent, or if offending then non-offending parent
ii. Relative
iii. Friend of family or someone close to child
iv. Licensed group or foster home

Question 8

Case Plan

Answer 8

DCF prepares plan for how to fix problem so child can be reunited with parents, or provided another permanent home
Includes:
i.  Problems addressed
ii.  Permanency questions
iii.  Services or tasks parent must complete to fix problem (if applicable)
iv.  Child support payments
v.  Foster parents or caregiver role
vi.  signature of all parties

Question 9

Case Plan - Time limit

Answer 9

Shortest time possible to achieve goals.

Expires no later than 12 months after:

i. child removed from home
ii. adjudicated dependent; or
iii. case plan accepted by court

Question 10

Permanency goals

Answer 10

In order of priority:

1. Reunification with parents
2. Adoption
3. Permanent guardianship
4. Placement with a relative
5. Placement in long-term foster care

Question 11

17 Year Review

Answer 11

Purpose is to make sure system is doing what it needs in order to help child live independently at 18. Child also given option to remain in extended foster care till 21.

Question 12

Termination of parental rights

Answer 12

Petition for termination can be filed at any time. Most go through case plan process before a petition is filed, though.

Parents must receive:
i. Notice of advisory hearing to Terminate Parental Rights
Served on parents, or someone in physical custody of child, any grandparent with priority for adoption, any prospective parent, and guardian ad litem

Notice may be waived if written before notary public and 2 witnesses surrendering child.

Question 13

DCF Must file parental termination petition if:

Answer 13

1. Child not returned to parents 12 months after shelter unless good cause
2. Child has been out of home 12 out of 22 most recent months
3. Parent convicted of a serious offense (DCF must file a petition w/i 60 days after parent convicted of certain offenses. Such as murder of other parent or another child, or felony battery of another parent or child).
4. Court decides reunification is not required

Grounds/allegations for termination by clear and convincing evidence

Question 14

Adoption

Answer 14

Ultimate goal of terminating parental rights is to have child adopted.
Child can’t be adopted until parental rights terminated. All other options are available without termination of parental rights.