SB 1650 — Child Welfare

requiring the parents or legal guardians to make proactive contact with the department or contracted case management agency;

amending s.

39.6013, F.S.;

requiring the court to consider certain factors when determining whether to amend a case plan;

conforming a cross-reference;

amending s.

39.621, F.S.;

requiring the court to determine certain factors at a permanency hearing;

requiring the court to hold permanency hearings within specified timeframes until permanency is determined;

amending s.

39.701, F.S.;

revising the findings a court must make at a judicial review hearing relating to a child’s permanency goal;

requiring the department to file a motion to amend a case plan when concurrent planning is used, under certain circumstances;

amending s.

39.806, F.S.;

specifying that a parent or parents may materially breach a case plan by action or inaction;

amending s.

39.811, F.S.;

requiring the court to enter a written order of disposition of the child following termination of parental rights within a specified timeframe;

providing an effective date.

63 Be It Enacted by the Legislature of the State of Florida:

65 Section 1. Subsection (7) of section 39.001, Florida Statutes, is amended, and paragraph (q) is added to subsection (1) and paragraph (j) is added to subsection (3) of that section, to read:

39.001 Purposes and intent;

personnel standards and screening.— (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:

(q) To recognize the responsibility of:

1. The parent from whose custody a child has been taken to take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but not more than 1 year after removal or adjudication of the child.

2. The department and its community-based care providers to make reasonable efforts to finalize a family’s permanency plan, including assisting parents with developing strategies to overcome barriers to case plan compliance.

3. The court to affirmatively determine what the barriers are to timely reunification, and address such barriers as frequently as needed to ensure compliance with the time limitations established in this chapter.

(3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of the Legislature that the children of this state be provided with the following protections:

(j) The ability to contact their guardian ad litem or attorney ad litem, if appointed, by having that individual’s name entered on all orders of the court.

(7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.

Parents, custodians, and guardians are deemed by the state to be responsible for providing their children with sufficient support, guidance, and supervision.

The state further recognizes that the ability of parents, custodians, and guardians to fulfill those responsibilities can be greatly impaired by economic, social, behavioral, emotional, and related problems.

It is therefore the policy of the Legislature that it is the state’s responsibility to ensure that factors impeding the ability of caregivers to fulfill their responsibilities are identified through the dependency process and that appropriate recommendations and services to address those problems are considered in any judicial or nonjudicial proceeding.

The Legislature also recognizes that time is of the essence for establishing permanency for a child in the dependency system.

Therefore, parents must take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but not more than 1 year after removal or adjudication of the child, including by notifying the parties and the court of barriers to case plan compliance.

Section 2. Subsection (30) of section 39.01, Florida Statutes, is amended to read:

39.01 Definitions.—When used in this chapter, unless the context otherwise requires:

(30) “Harm” to a child’s health or welfare can occur when any person:

(a) Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury.

In determining whether harm has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child:

the age of the child;

any prior history of injuries to the child;

the location of the injury on the body of the child;

the multiplicity of the injury;

and the type of trauma inflicted.

Such injury includes, but is not limited to:

1. Willful acts that produce the following specific injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.

d. Intracranial hemorrhage or injury to other internal organs.

e. Asphyxiation, suffocation, or drowning.

f. Injury resulting from the use of a deadly weapon.

g. Burns or scalding.

h. Cuts, lacerations, punctures, or bites.

i. Permanent or temporary disfigurement.

j. Permanent or temporary loss or impairment of a body part or function.

141 As used in this subparagraph, the term “willful” refers to the intent to perform an action, not to the intent to achieve a result or to cause an injury.

2. Purposely giving a child poison, alcohol, drugs, or other substances that substantially affect the child’s behavior, motor coordination, or judgment or that result in sickness or internal injury.

For the purposes of this subparagraph, the term “drugs” means prescription drugs not prescribed for the child or not administered as prescribed, and controlled substances as outlined in Schedule I or Schedule II of s.

893.03.

3. Leaving a child without adult supervision or arrangement appropriate for the child’s age or mental or physical condition, so that the child is unable to care for the child’s own needs or another’s basic needs or is unable to exercise good judgment in responding to any kind of physical or emotional crisis.

4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury as defined in this section, or emotional injury.

The significance of any injury must be evaluated in light of the following factors:

the age of the child;

any prior history of injuries to the child;

the location of the injury on the body of the child;

the multiplicity of the injury;

and the type of trauma inflicted.

Corporal discipline may be considered excessive or abusive when it results in any of the following or other similar injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.

d. Intracranial hemorrhage or injury to other internal organs.

e. Asphyxiation, suffocation, or drowning.

f. Injury resulting from the use of a deadly weapon.

g. Burns or scalding.

h. Cuts, lacerations, punctures, or bites.

i. Permanent or temporary disfigurement.

j. Permanent or temporary loss or impairment of a body part or function.

k. Significant bruises or welts.

(b) Commits, or allows to be committed, sexual battery, as defined in chapter 794, or lewd or lascivious acts, as defined in chapter 800, against the child.

(c) Allows, encourages, or forces the sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to:

1. Solicit for or engage in prostitution;

or 2. Engage in a sexual performance, as defined by chapter 827.

(d) Exploits a child, or allows a child to be exploited, as provided in s.

450.151.

(e) Abandons the child.

Within the context of the definition of “harm,” the term “abandoned the child” or “abandonment of the child” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both.

For purposes of this paragraph, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities.

Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child.

The term “abandoned” does not include a surrendered newborn infant as described in s.

383.50, a child in need of services as defined in chapter 984, or a family in need of services as defined in chapter 984.

The incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment.

(f) Neglects the child.

Within the context of the definition of “harm,” the term “neglects the child” means that the parent or other person responsible for the child’s welfare fails to supply the child with adequate food, clothing, shelter, or health care, although financially able to do so or although offered financial or other means to do so.

However, a parent or legal custodian who, by reason of the legitimate practice of religious beliefs, does not provide specified medical treatment for a child may not be considered abusive or neglectful for that reason alone, but such an exception does not:

1. Eliminate the requirement that such a case be reported to the department;

2. Prevent the department from investigating such a case;

or 3. Preclude a court from ordering, when the health of the child requires it, the provision of medical services by a physician, as defined in this section, or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well recognized church or religious organization.

(g) Exposes a child to a controlled substance or alcohol.

Exposure to a controlled substance or alcohol is established by:

1. A test, administered at birth, which indicated that the child’s blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant;

or 2. Evidence of extensive, abusive, and chronic use of a controlled substance or alcohol by a parent when the child is demonstrably adversely affected by such usage.

244 As used in this paragraph, the term “controlled substance” means prescription drugs not prescribed for the parent or not administered as prescribed and controlled substances as outlined in Schedule I or Schedule II of s.

893.03.

(h) Uses mechanical devices, unreasonable restraints, or extended periods of isolation to control a child.

(i) Engages in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child.

(j) Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another.

(k) Has allowed a child’s sibling to die as a result of abuse, abandonment, or neglect.

(l) Makes the child unavailable for the purpose of impeding or avoiding a protective investigation unless the court determines that the parent, legal custodian, or caregiver was fleeing from a situation involving domestic violence.

263 Harm to a child’s health or welfare can also occur when a new child is born into the family during the course of an open dependency case where a parent or caregiver has been determined to not have protective capacity to safely care for the children in the home and has not substantially complied with the case plan toward successful reunification or met conditions for return of the children into the home.

Section 3. Section 39.0136, Florida Statutes, is amended to read:

39.0136 Time limitations;

continuances.— (1) 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 any party except as provided in this section.

(2)(a) All parties and the court must work together to ensure that permanency is achieved as soon as possible for every child through timely performance of their responsibilities under this chapter.

(b) The department shall ensure that parents have the information necessary to contact their caseworker.

When a new caseworker is assigned to a case, the caseworker shall make a timely and diligent effort to notify the parent and provide updated contact information.

(3)(2) The time limitations in this chapter do not include:

(a) Periods of delay resulting from a continuance granted at the request of the child’s counsel or the child’s guardian ad litem or, if the child is of sufficient capacity to express reasonable consent, at the request or with the consent of the child.

The court must consider the best interests of the child when determining periods of delay under this section.

(b) Periods of delay resulting from a continuance granted at the request of any party if the continuance is granted:

1. Because of an unavailability of evidence that is material to the case if the requesting party has exercised due diligence to obtain evidence and there are substantial grounds to believe that the evidence will be available within 30 days.

However, if the requesting party is not prepared to proceed within 30 days, any other party may move for issuance of an order to show cause or the court on its own motion may impose appropriate sanctions, which may include dismissal of the petition.

2. To allow the requesting party additional time to prepare the case and additional time is justified because of an exceptional circumstance.

(c) Reasonable periods of delay necessary to accomplish notice of the hearing to the child’s parent or legal custodian;

however, the petitioner shall continue regular efforts to provide notice to the parents during the periods of delay.

(4)(3) Notwithstanding subsection (3) (2), in order to expedite permanency for a child, the total time allowed for continuances or extensions of time, including continuances or extensions by the court on its own motion, may not exceed 60 days within any 12-month period for proceedings conducted under this chapter.

(a) A continuance or extension of time may be granted only for extraordinary circumstances in which it is necessary to preserve the constitutional rights of a party or if substantial evidence exists to demonstrate that without granting a continuance or extension of time the child’s best interests will be harmed.

(b) An order entered under this section shall specify the new date for the continued hearing or deadline.

(5)(4) Notwithstanding subsection (3) (2), a continuance or an extension of time is limited to the number of days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child.

Section 4. Paragraph (f) of subsection (14) and subsections (15) and (18) of section 39.402, Florida Statutes, are amended to read:

39.402 Placement in a shelter.— (14) The time limitations in this section do not include:

(f) Continuances or extensions of time may not total more than 60 days for all parties, and the court on its own motion, within any 12-month period during proceedings under this chapter.

A continuance or extension beyond the 60 days may be granted only for extraordinary circumstances necessary to preserve the constitutional rights of a party or when substantial evidence demonstrates that the child’s best interests will be affirmatively harmed without the granting of a continuance or extension of time.

When a continuance or extension is granted, the order shall specify the new date for the continued hearing or deadline.

(15) The department, at the conclusion of the shelter hearing, shall make available to parents or legal custodians seeking voluntary services, any referral information necessary for participation in such identified services to allow the parents to begin the services immediately.

The parents’ or legal custodians’ participation in the services shall not be considered an admission or other acknowledgment of the allegations in the shelter petition.

(18) The court shall advise the parents in plain language what is expected of them to achieve reunification with their child, including that:, (a) Parents must take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but not more than 1 year after removal or adjudication of the child.

(b) Parents must stay in contact with their attorney and their caseworker.

If the parents’ phone number, mailing address, or e-mail address changes, the parents must provide the attorney and caseworker with updated contact information.

(c) Parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers.

(d) If the parents fail to substantially comply with the case plan, their parental rights may be terminated and that the child’s out-of-home placement may become permanent.

Section 5. Paragraph (c) of subsection (7) of section 39.507, Florida Statutes, is amended to read:

39.507 Adjudicatory hearings;

orders of adjudication.— (7) (c) If a court adjudicates a child dependent and the child is in out-of-home care, the court shall inquire of the parent or parents whether the parents have relatives who might be considered as a placement for the child.

The parent or parents shall provide the court and all parties with identification and location information for such relatives.

The court shall advise the parents in plain language that:, 1. Parents must take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but not more than 1 year after removal or adjudication of the child.

2. Parents must stay in contact with their attorney and their caseworker.

If the parents’ phone number, mailing address, or e-mail address changes, the parents must provide the attorney and caseworker with updated contact information.

3. Parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers.

4. If the parents fail to substantially comply with the case plan, their parental rights may be terminated and that the child’s out-of-home placement may become permanent.

The parent or parents shall provide to the court and all parties identification and location information of the relatives.

Section 6. Paragraph (a) of subsection (1) of section 39.521, Florida Statutes, is amended to read:

39.521 Disposition hearings;

powers of disposition.— (1) A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted.

(a) A written case plan and a family functioning assessment prepared by an authorized agent of the department must be approved by the court.

The department must file the case plan and the family functioning assessment with the court, serve copies a copy of the case plan on the parents of the child, and provide copies a copy of the case plan to the representative of the guardian ad litem program, if the program has been appointed, and copies a copy to all other parties:

1. Not less than 72 hours before the disposition hearing, if the disposition hearing occurs on or after the 60th day after the date the child was placed in out-of-home care.

All such case plans must be approved by the court.

2. Not less than 72 hours before the case plan acceptance hearing, if the disposition hearing occurs before the 60th day after the date the child was placed in out-of-home care and a case plan has not been submitted pursuant to this paragraph, or if the court does not approve the case plan at the disposition hearing.

The case plan acceptance hearing must occur within 30 days after the disposition hearing to review and approve the case plan.

Section 7. Subsection (1) of section 39.522, Florida Statutes, is amended to read:

39.522 Postdisposition change of custody.—The court may change the temporary legal custody or the conditions of protective supervision at a postdisposition hearing, without the necessity of another adjudicatory hearing.

(1) At any time before a child achieves the permanency placement approved at the permanency hearing, a child who has been placed in the child’s own home under the protective supervision of an authorized agent of the department, in the home of a relative, in the home of a legal custodian, or in some other place may be brought before the court by the department or by any other interested person, upon the filing of a motion petition alleging a need for a change in the conditions of protective supervision or the placement.

If the parents or other legal custodians deny the need for a change, the court shall hear all parties in person or by counsel, or both.

Upon the admission of a need for a change or after such hearing, the court shall enter an order changing the placement, modifying the conditions of protective supervision, or continuing the conditions of protective supervision as ordered.

The standard for changing custody of the child shall be the best interest of the child.

When applying this standard, the court shall consider the continuity of the child’s placement in the same out-of-home residence as a factor when determining the best interests of the child.

If the child is not placed in foster care, then the new placement for the child must meet the home study criteria and court approval pursuant to this chapter.

Section 8. Present subsections (4) through (8) of section 39.6011, Florida Statutes, are redesignated as subsections (5) through (9), respectively, a new subsection (4) is added to that section, and paragraph (e) of subsection (2), subsection (3), and present subsection (6) of that section are amended, to read:

39.6011 Case plan development.— (2) The case plan must be written simply and clearly in English and, if English is not the principal language of the child’s parent, to the extent possible in the parent’s principal language.

Each case plan must contain:

(e) A written notice to the parent that it is the parents’ responsibility to take action to comply with the case plan so reunification with the child may occur within the shortest period of time possible, but not more than 1 year after removal or adjudication of the child;

the parent must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers;

failure of the parent to substantially comply with the case plan may result in the termination of parental rights;, and that a material breach of the case plan by the parent’s action or inaction may result in the filing of a petition for termination of parental rights sooner than the compliance period set forth in the case plan.

(3) The case plan must be signed by all parties, except that the signature of a child may be waived if the child is not of an age or capacity to participate in the case-planning process.

Signing the case plan constitutes an acknowledgment that the case plan has been developed by the parties and that they are in agreement as to the terms and conditions contained in the case plan.

The refusal of a parent to sign the case plan does not prevent the court from accepting the case plan if the case plan is otherwise acceptable to the court.

Signing the case plan does not constitute an admission to any allegation of abuse, abandonment, or neglect and does not constitute consent to a finding of dependency or termination of parental rights.

(4) Before signing the case plan, the department shall explain the provisions of the plan to all persons involved in its implementation, including, when appropriate, the child.

The department shall ensure that the parent has contact information for all entities necessary to complete the tasks in the plan.

The department shall explain the strategies included in the plan that the parent can use to overcome barriers to case plan compliance and that if a barrier is discovered and the parties are not actively working to overcome such barrier, the parent must notify the parties and the court within a reasonable time after discovering such barrier.

(7)(6) After the case plan has been developed, the department shall adhere to the following procedural requirements:

(a) If the parent’s substantial compliance with the case plan requires the department to provide services to the parents or the child and the parents agree to begin compliance with the case plan before the case plan’s acceptance by the court, the department shall make the appropriate referrals for services that will allow the parents to begin the agreed-upon tasks and services immediately.

(b) All other referrals for services shall be completed as soon as possible, but not more than 7 days after the date of the case plan approval, unless the case plan specifies that a task may not be undertaken until another specified task has been completed.

(c)(b) After the case plan has been agreed upon and signed by the parties, a copy of the plan must be given immediately to the parties, including the child if appropriate, and to other persons as directed by the court.

1. A case plan must be prepared, but need not be submitted to the court, for a child who will be in care no longer than 30 days unless that child is placed in out-of-home care a second time within a 12-month period.

2. In each case in which a child has been placed in out-of home care, a case plan must be prepared within 60 days after the department removes the child from the home and shall be submitted to the court before the disposition hearing for the court to review and approve.

3. After jurisdiction attaches, all case plans must be filed with the court, and a copy provided to all the parties whose whereabouts are known, not less than 3 business days before the disposition hearing.

The department shall file with the court, and provide copies to the parties, all case plans prepared before jurisdiction of the court attached.

Section 9. Paragraph (b) of subsection (1) of section 39.6012, Florida Statutes, is amended, and paragraph (d) is added to subsection (1) of that section, to read:

39.6012 Case plan tasks;

services.— (1) The services to be provided to the parent and the tasks that must be completed are subject to the following:

(b) The case plan must describe each of the tasks with which the parent must comply and the services to be provided to the parent, specifically addressing the identified problem, including:

1. The type of services or treatment.

2. The date the department will provide each service or referral for the service if the service is being provided by the department or its agent.

3. The date by which the parent must complete each task.

4. The frequency of services or treatment provided.

The frequency of the delivery of services or treatment provided shall be determined by the professionals providing the services or treatment on a case-by-case basis and adjusted according to their best professional judgment.

5. The location of the delivery of the services.

6. The staff of the department or service provider accountable for the services or treatment.

7. A description of the measurable objectives, including the timeframes specified for achieving the objectives of the case plan and addressing the identified problem.

8. Strategies to overcome barriers to case plan compliance, including, but not limited to, the provision of contact information, information on acceptable alternative services or providers, and an explanation that the parent must notify the parties within a reasonable time of discovering a barrier that the parties are not actively working to overcome.

(d) Parents must provide accurate contact information to the department or the contracted case management agency and update such information as appropriate.

Parents must make proactive contact with the department or the contracted case management agency at least every 14 calendar days to provide information on the status of case plan task completion, barriers to completion, and plans toward reunification.

Section 10. Present subsection (6) of section 39.6013, Florida Statutes, is redesignated as subsection (7), a new subsection (6) is added to that section, and present subsection (7) is amended, to read:

39.6013 Case plan amendments.— (6) When determining whether to amend the case plan, the court must consider the length of time the case has been open, level of parental engagement to date, number of case plan tasks complied with, child’s type of placement and attachment, and potential for successful reunification.

(8)(7) Amendments must include service interventions that are the least intrusive into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child’s need for safe and proper care.

A copy of the amended plan must be immediately given to the persons identified in s.

39.6011(7)(c) s.

39.6011(6)(b).

Section 11. Present subsections (7) through (10) of section 39.621, Florida Statutes, are redesignated as subsections (8) through (11), respectively, subsection (5) and present subsections (9), (10), and (11) are amended, and a new subsection (7) is added to that section, to read:

39.621 Permanency determination by the court.— (5) At the permanency hearing, the court shall determine:

(a) Whether the current permanency goal for the child is appropriate or should be changed;

(b) When the child will achieve one of the permanency goals;

and (c) Whether the department has made reasonable efforts to finalize the permanency plan currently in effect;

and.

(d) Whether the frequency, duration, manner, and level of engagement of the parent or legal guardian’s visitation with the child meets the case plan requirements.

(7) If the court determines that the child’s goal is appropriate but the child will be in out-of-home care for more than 12 months before achieving permanency, in those cases where the goal is reunification or adoption, the court shall hold permanency status hearings for the child every 60 days until the child reaches permanency or the court makes a determination that it is in the child’s best interest to change the permanency goal.

(10)(9) The case plan must list the tasks necessary to finalize the permanency placement and shall be updated at the permanency hearing unless the child will achieve permanency within 60 days after the hearing if necessary.

If a concurrent case plan is in place, the court may choose between the permanency goal options presented and shall approve the goal that is in the child’s best interest.

(11)(10) The permanency placement is intended to continue until the child reaches the age of majority and may not be disturbed absent a finding by the court that the circumstances of the permanency placement are no longer in the best interest of the child.

(a) If, after a child has achieved the permanency placement approved at the permanency hearing, a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order.

(b) At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.

(c)(11) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical and emotional health of the child.

Factors that must be considered and addressed in the findings of fact of the order on the motion must include:

1.(a) The compliance or noncompliance of the parent with the case plan;

2.(b) The circumstances which caused the child’s dependency and whether those circumstances have been resolved;

3.(c) The stability and longevity of the child’s placement;

4.(d) The preferences of the child, if the child is of sufficient age and understanding to express a preference;

5.(e) The recommendation of the current custodian;

and 6.(f) The recommendation of the guardian ad litem, if one has been appointed.

Section 12. Paragraph (d) of subsection (2) of section 39.701, Florida Statutes, is amended to read:

39.701 Judicial review.— (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF AGE.— (d) Orders.— 1. Based upon the criteria set forth in paragraph (c) and the recommended order of the citizen review panel, if any, 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 out-of-home care for a specified period of time, or initiate termination of parental rights proceedings for subsequent placement in an adoptive home.

Amendments to the case plan must be prepared as prescribed in s.

39.6013.

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 the creation of the case plan have been remedied to the extent that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered.

2. The court shall return the child to the custody of the parents at any time it determines that they have substantially complied with the case plan, if the court is satisfied that reunification will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.

3. 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 could not safely be returned to the home of the parents.

4. 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, on its own motion, the court may order 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 expired.

5. Within 6 months after the date that the child was placed in shelter care, the court shall conduct a judicial review hearing to review the child’s permanency goal as identified in the case plan.

At the hearing the court shall make written findings regarding the parent or legal guardian’s compliance with the case plan and demonstrable change in parental capacity to achieve timely reunification likelihood of the child’s reunification with the parent or legal custodian within 12 months after the removal of the child from the home.

The court shall consider the frequency, duration, manner, and level of engagement of the parent or legal custodian’s visitation with the child in compliance with the case plan.

If the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file with the court, and serve on all parties, a motion to amend the case plan under s.

39.6013 and declare that it will use concurrent planning for the case plan.

The department must file the motion within 10 business days after receiving the written finding of the court.

The department must attach the proposed amended case plan to the motion.

If concurrent planning is already being used, the department must file with the court, and serve on all parties, a motion to amend the case plan to reflect the concurrent goal as the child’s primary permanency goal, document the efforts the department is taking to complete the concurrent goal, and identify any additional services needed to reach the permanency goal by a date certain.

The court may allow the parties to continue to pursue a secondary goal if the court determines that is in the best interest of the child case plan must document the efforts the department is taking to complete the concurrent goal.

6. 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 the order may require any person or agency to make periodic reports to the court containing such information as the court in its discretion may prescribe.

Section 13. Paragraph (e) of subsection (1) of section 39.806, Florida Statutes, is amended to read:

39.806 Grounds for termination of parental rights.— (1) Grounds for the termination of parental rights may be established under any of the following circumstances:

(e) 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 or parents to substantially comply with the case plan for a period of 12 months after an adjudication of the child as a dependent child or the child’s placement into shelter care, whichever occurs first, constitutes evidence of continuing abuse, neglect, or abandonment unless the failure to substantially comply with the case plan was due to the parent’s lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child.

The 12-month period begins to run only after the child’s placement into shelter care or the entry of a disposition order placing the custody of the child with the department or a person other than the parent and the court’s approval of a case plan having the goal of reunification with the parent, whichever occurs first;

or 2. The parent or parents have materially breached the case plan by their action or inaction.

Time is of the essence for permanency of children in the dependency system.

In order to prove the parent or parents have materially breached the case plan, the court must find by clear and convincing evidence that the parent or parents are unlikely or unable to substantially comply with the case plan before time to comply with the case plan expires.

3. The child has been in care for any 12 of the last 22 months and the parents have not substantially complied with the case plan so as to permit reunification under s.

39.522(2) unless the failure to substantially comply with the case plan was due to the parent’s lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child.

Section 14. Subsection (5) of section 39.811, Florida Statutes, is amended to read:

39.811 Powers of disposition;

order of disposition.— (5) If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made.

An order of termination of parental rights, whether based on parental consent or after notice served as prescribed in this part, permanently deprives the parents of any right to the child.

Section 15. This act shall take effect July 1, 2018.