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In the Trenches: J uvenile D ependency C ases from S helter to A doption

In the Trenches: J uvenile D ependency C ases from S helter to A doption. Presented by: Tracy Sheehan, Circuit Court Judge & Jon Johnson, General Magistrate The Thirteenth Judicial Circuit Tampa, Florida. Permanency. 39.621 Permanency Determination by the Court-.

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In the Trenches: J uvenile D ependency C ases from S helter to A doption

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  1. In the Trenches:Juvenile Dependency Casesfrom Shelter to Adoption Presented by:Tracy Sheehan, Circuit Court Judge & Jon Johnson, General Magistrate The Thirteenth Judicial Circuit Tampa, Florida

  2. Permanency 39.621 Permanency Determination by the Court- • Time is of the essence for permanency of children in the dependency • system. A permanency hearing must be held no later than 12 months after the date the child was removed from the home or no later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required. 39.806 Grounds for Termination of Parental Rights- • When a child has been adjudicated dependent, a case plan has been filed with the court, and: • (1) The child continues to be abused, neglected, or abandoned by the parent or parents. The failure of the parent to substantially comply with the case plan for a period of 9 months after an adjudication of the child as a dependent child or the child’s placement into shelter care, whichever occurs first.

  3. Permanency 39.0136 Time Limitations; Continuances- • The Legislature finds that time is of the essence for establishing • permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of the party except as provided in this section.

  4. Permanency Best Way to Manage a Dependency Case is to Think Permanency from Day One!

  5. Shelter Hearing Visitation Placement Child Support Referrals

  6. Paternity Who’s the Father?

  7. Paternity

  8. Paternity Legal vs. Prospective Father Participation of Prospective Father One man legal father and another man identified who may have rights to child or two men meet the Chapter 39 definition of parent See Shuler v. Guardian Ad Litem Program, 34 Fla. L. Weekly D1364 (Fla. 5th DCA 2009)

  9. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Shelter Hearing Information

  10. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Probable Cause Statement

  11. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition – Probable Cause Statement, Cont.

  12. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition

  13. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition

  14. Paternity Interim Placement Report & Probable Cause Affidavit for Dependency Petition

  15. Paternity Hillsborough County Sheriff’s Office Child Protective Investigations Division – Notice of Hearing

  16. Petition Filed

  17. Petition Filed Non-Offending Dads (39.0138, 39.401, 39.521) Relative Placements Incarcerated Parents

  18. Adjudication/Disposition/Case Plan Approval

  19. Adjudication/Disposition/Case Plan Approval Case plan tasks must be reasonably related to reason child came into care Case plan amendments

  20. Case Plan Management Determine up front who is paying for services Understand that course completion does not mean task completion – parent must demonstrate competency with task STATUS FREQUENTLY AND EARLY (ideally, first status should be 30 days after disposition) Drug Issues

  21. First Judicial Review

  22. First Judicial Review Assess case plan compliance Reassess reasonableness of case plan tasks

  23. First Judicial Review Review provider evaluations and progress reports Review Comprehensive Behavioral Health Assessments

  24. First Judicial Review Material Breach

  25. Permanency Hearing 12 mo.

  26. Permanency Hearing 12 mo. Permanency – Nine months or twelve months - 39.806(1)(e)(1) v. 39.621 Permanent Guardianship Voluntary Surrenders

  27. Petition for Termination of Parental Rights / Adoption

  28. Petition for Termination of Parental Rights / Adoption TPR Advisories/Trials Appellate Process Adoption Process

  29. Psychotropic Medications

  30. Psychotropic Medications Informed Consent Fully completed affidavit with documents physician reviewed Treatment Plan Second opinion for children up to five years old (DCF administrative Code 175-98)

  31. Questions?

  32. Thank you for your attention and participation.

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