Chapter 39, Florida Statutes - dcf.state.fl.us

1 Chapter 39, Florida Statutes with Statutes governing normalcy, quality parenting, independent living, and licensing, the ICPC Articles and Regulations, and excerpts from the Rules of Juvenile Procedure July 1, 2016. A collaborative effort by: Department of Children and Families Statewide Guardian ad Litem Office Office of the State Courts Administrator TABLE OF CONTENTS. BRIEF OVERVIEW OF CHANGES FROM THE 2014 LEGISLATIVE SESSION. DEPENDENCY CASE FLOWCHART. PART I GENERAL PROVISIONS. Purposes and intent; personnel standards and screening ..1. Direct-support organization ..9. Responsibilities of public agencies ..10. Records concerning children.

2 10. Education of abused, neglected, and abandoned children ..11. Immunity from Rules for implementation ..26. Specific rulemaking authority ..26. Procedures and jurisdiction; right to counsel ..28. Appointment of an attorney for a dependent child with certain special needs ..30. Permanent mailing address designation ..31. Oaths, records, and confidential information ..31. Court and witness fees ..33. Appointed counsel; compensation ..33. Operation and Maintenance Trust Fund ..33. Time limitations; continuances ..33. Federal law; rulemaking authority ..34. Criminal history records check; limit on placement of a child ..34. Visitation or other contact; restrictions.

3 36. Missing children; report required ..37. PART II REPORTING CHILD ABUSE. Mandatory reports of child abuse, abandonment, or neglect;. mandatory reports of death; central abuse hotline ..38. Critical incident rapid response team .42. Confidentiality of reports and records in case of child abuse or neglect ..44. Release of confidential information ..47. Public disclosure of reported child deaths ..48. Immunity from liability in cases of child abuse, abandonment, or neglect ..48. Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect ..49. Penalties relating to reporting of child abuse, abandonment, or neglect.

4 49. Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages ..51. PART III PROTECTIVE INVESTIGATIONS. Initiation of protective investigations ..53. Protective investigations of institutional child abuse, abandonment, or neglect ..59. Child protection teams; services; eligible Rules for implementation of ss. and ..64. Memorandum of agreement ..64. Child advocacy centers; standards; state funding ..65. Photographs, medical examinations, X-rays, and medical treatment of abused, abandoned, or neglected child ..66. Child protective investigations; working agreements with local law Sheriffs of certain counties to provide child protective investigative services; procedures; funding.

5 67. Reports of medical Reports of child-on-child sexual abuse ..69. Guidelines for onsite child protective investigation ..71. PART IV TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS. Detaining a child; medical or hospital personnel ..72. Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department ..72. Placement in a shelter ..73. Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody ..79. Referral of a dependency case to mediation ..85. Legislative findings and declaration of intent for goals for dependent children.

6 85. Participation in childhood activities ..87. PART V PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION. Petition for dependency ..89. Notice, process, and service ..90. Identity or location of parent unknown; special procedures ..92. Injunction pending disposition of petition; penalty ..93. No answer required ..94. Arraignment Adjudicatory hearings; orders of adjudication ..95. Citizenship or residency status for immigrant children who are Relative Caregiver Program ..98. Grandparents rights ..100. Appeal ..101. PART VI DISPOSITION; POSTDISPOSITION CHANGE OF CUSTODY. Disposition hearings; powers of disposition ..102. Postdisposition change of custody.

7 108. Placement in residential group care ..108. Safe-Harbor Placement ..110. PART VII CASE PLANS. Case plan development ..111. Case plan tasks; services ..113. Case plan amendments ..114. Case planning when parents do not participate and the child is in out-of-home care ..115. Court approvals of case Transition Plan 116. Rilya Wilson Act; short title; legislative intent; requirements;. attendance and reporting responsibilities ..117. PART VIII PERMANENCY. Permanency determination by the court ..119. Permanent guardianship of a dependent child ..121. Permanent placement with a fit and willing relative ..122. Another planned permanent living Continuing care for young adults.

8 123. PART IX JUDICIAL REVIEWS. Judicial review ..126. Citizen review panels ..133. Exemptions from judicial review ..134. PART X TERMINATION OF PARENTAL RIGHTS. Procedures and jurisdiction; notice; service of process ..135. Petition for termination of parental rights; filing; Identity or location of parent unknown after filing of termination of parental rights petition; special Penalties for false statements of paternity ..138. No answer required ..138. Requirement to file a petition to terminate parental rights; exceptions ..139. Grounds for termination of parental rights ..139. Right to counsel; guardian ad litem ..142. Advisory hearing; pretrial status conference.

9 143. Adjudicatory hearing ..143. Manifest best interests of the child ..144. Powers of disposition; order of disposition ..145. Postdisposition relief; petition for adoption ..146. Continuing jurisdiction ..147. Oaths, records, and confidential Appeal ..149. PART XI GUARDIANS AD LITEM AND GUARDIAN ADVOCATES. Qualifications of guardians ad litem ..150. Appointment of guardian ad litem for abused, abandoned, or neglected child ..151. Guardian advocates for drug dependent newborns ..152. Petition for appointment of a guardian advocate ..152. Process and service ..152. Hearing for appointment of a guardian advocate ..153. Grounds for appointment of a guardian advocate.

10 153. Powers and duties of guardian advocate ..154. Review and removal of guardian advocate ..154. Statewide Guardian Ad Litem Office; legislative findings and intent;. creation; appointment of executive director; duties of office ..154. County funding for guardian ad litem employees ..156. Guardian ad Litem direct-support organization ..156. PART XII DOMESTIC VIOLENCE. Domestic violence cases; treatment and rehabilitation of victims and perpetrators; legislative intent ..158. Duties and functions of the department with respect to domestic violence ..158. Duties and functions of the coalition with respect to domestic violence ..159.