Florida Statute 39.6011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.6011

39.6011 Case plan development.—

(1) The department shall prepare a draft of the case plan for each child receiving services under this chapter. A parent of a child may not be threatened or coerced with the loss of custody or parental rights for failing to admit in the case plan of abusing, neglecting, or abandoning a child. Participating in the development of a case plan is not an admission to any allegation of abuse, abandonment, or neglect, and it is not a consent to a finding of dependency or termination of parental rights. The case plan shall be developed subject to the following requirements:

(a) The case plan must be developed in a face-to-face conference with the parent of the child, the court-appointed guardian ad litem, and, if appropriate, the child and the temporary custodian of the child.

(b) Notwithstanding s. 39.202, the department may discuss confidential information during the case planning conference in the presence of individuals who participate in the conference. All individuals who participate in the conference shall maintain the confidentiality of all information shared during the case planning conference.

(c) The parent may receive assistance from any person or social service agency in preparing the case plan. The social service agency, the department, and the court, when applicable, shall inform the parent of the right to receive such assistance, including the right to assistance of counsel.

(d) If a parent is unwilling or unable to participate in developing a case plan, the department shall document that unwillingness or inability to participate. The documentation must be provided in writing to the parent when available for the court record, and the department shall prepare a case plan conforming as nearly as possible with the requirements set forth in this section. The unwillingness or inability of the parent to participate in developing a case plan does not preclude the filing of a petition for dependency or for termination of parental rights. The parent, if available, must be provided a copy of the case plan and be advised that he or she may, at any time before the filing of a petition for termination of parental rights, enter into a case plan and that he or she may request judicial review of any provision of the case plan with which he or she disagrees at any court hearing set for the child.

(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:

(a) A description of the identified problem being addressed, including the parent’s behavior or acts resulting in risk to the child and the reason for the intervention by the department.

(b) The permanency goal.

(c) If concurrent planning is being used, a description of the permanency goal of reunification with the parent or legal custodian in addition to a description of one of the remaining permanency goals described in s. 39.01.

1. If a child has not been removed from a parent, but is found to be dependent, even if adjudication of dependency is withheld, the court may leave the child in the current placement with maintaining and strengthening the placement as a permanency option.

2. If a child has been removed from a parent and is placed with a parent from whom the child was not removed, the court may leave the child in the placement with the parent from whom the child was not removed with maintaining and strengthening the placement as a permanency option.

3. If a child has been removed from a parent and is subsequently reunified with that parent, the court may leave the child with that parent with maintaining and strengthening the placement as a permanency option.

(d) The date the compliance period expires. The case plan must be limited to as short a period as possible for accomplishing its provisions. The plan’s compliance period expires no later than 12 months after the date the child was initially removed from the home, the child was adjudicated dependent, or the date the case plan was accepted by the court, whichever occurs first.

(e) A written notice to the parent that it is the parent’s responsibility to take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later 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 if the parties are not actively working to overcome them; failure of the parent to substantially comply with the case plan may result in the termination of parental rights; and 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. 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.

(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 which the parent can use to overcome barriers to case plan compliance and shall explain 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.

(5) The case plan must describe all of the following:

(a) The role of the foster parents or caregivers when developing the services that are to be provided to the child, foster parents, or caregivers.

(b) The responsibility of the parents and caregivers to work together when it is safe to do so, which includes:

1. How the parents and caregivers will work together to successfully implement the case plan.

2. How the case manager will assist the parents and caregivers in developing a productive relationship that includes meaningful communication and mutual support.

3. How the parents and caregivers may notify the court or the case manager if ineffective communication takes place that negatively impacts the child.

(c) The responsibility of the case manager to forward a relative’s request to receive notification of all proceedings and hearings submitted under s. 39.301(14)(b) to the attorney for the department.

(d) The minimum number of face-to-face meetings to be held each month between the parents and the case managers to review the progress of the plan and the services provided to the child, to eliminate barriers to progress, and to resolve conflicts or disagreements between parents and caregivers, service providers, or any other professionals assisting the parents in the completion of the case plan.

(e) The parent’s responsibility for financial support of the child, including, but not limited to, health insurance and child support. The case plan must list the costs associated with any services or treatment that the parent and child are expected to receive which are the financial responsibility of the parent. The determination of child support and other financial support shall be made independently of any determination of indigency under s. 39.013.

(6) When the permanency goal for a child is adoption, the case plan must include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child. At a minimum, the documentation shall include recruitment efforts that are specific to the child, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems.

(7) 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 must be completed as soon as possible, but no later 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 or otherwise approved by the court.

(c) 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.

(8) The case plan must be filed with the court and copies provided to all parties, including the child if appropriate, not less than 3 business days before the disposition hearing.

(9) The case plan must describe a process for making available to all physical custodians and case managers the information required by s. 39.6012(2) and for ensuring that this information follows the child until permanency has been achieved.

History.—s. 15, ch. 2006-86; s. 27, ch. 2008-245; s. 11, ch. 2009-43; s. 11, ch. 2012-178; s. 15, ch. 2017-151; s. 7, ch. 2019-128; s. 6, ch. 2020-138; s. 38, ch. 2024-70.

F.S. 39.6011 on Google Scholar

F.S. 39.6011 on Casetext

Amendments to 39.6011

Arrestable Offenses / Crimes under Fla. Stat. 39.6011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6011.

Annotations, Discussions, Cases:

Cases Citing Statute 39.6011

Total Results: 20

R.R., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

Snippet: within the one-year period mandated by section 39.6011(d), Florida Statutes. An evidentiary hearing was

L.C.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: end, the “case plan must be written simply,” § 39.6011(2), Fla. Stat., with clear objectives, describing

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2021-03-10T23:53:00-08:00

Snippet: legislative changes to sections 39.0137, 39.522, 39.6011, and 39.701, Florida Statutes (2019). See ch. 2020

In Re: Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report

Court: Fla. | Date Filed: 2020-09-10T00:53:00-07:00

Snippet: Florida, which amend sections 39.0137, 39.522, 39.6011, and 39.701, Florida Statutes (2019), and became…address the legislative changes made to section 39.6011(5), Florida Statutes, by chapter 2020- 138, section

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-08T23:53:00-08:00

Snippet: 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. …Laws of Fla. (amending § 39.6011(2)(e), Fla. Stat. (2018), and enacting § 39.6011(4), Fla. Stat. (2019))

A. R. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-16T00:53:00-07:00

Snippet: ad Litem Program's witnesses. See, e.g., § 39.6011(7), Fla. Stat. (2016) ("The case plan must

S.M., etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Snippet: dependency (section 39.501), the case plan (section 39.6011), and finally the permanency determination (section…opportunity to comply with a case plan. See § 39.6011, Fla. Stat. (2016) (requiring DCF to prepare a

R.W. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 189 So. 3d 978, 2016 Fla. App. LEXIS 4871, 2016 WL 1239878

Snippet: plan "must be signed by all parties." § 39.6011(3), Fla. Stat. (2015); Fla. R. Juv. P. 8.400(e)

M.P., the father v. Department of Children And Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-11T00:00:00-07:00

Citation: 159 So. 3d 341, 2015 Fla. App. LEXIS 3477, 2015 WL 1044156

Snippet: reason for the intervention by the department.” § 39.6011(2)(a), Fla. Stat. (2014). A case plan must also

Lori A. Ford v. Michael Withers Ford

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-26T00:00:00-08:00

Citation: 153 So. 3d 315, 2014 Fla. App. LEXIS 19525

Snippet: no language similar to sections 39.507(10) or 39.6011, Florida Statutes, authorizing the trial judge

J.M. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-23T00:00:00-07:00

Citation: 136 So. 3d 1271, 2014 WL 1622050

Snippet: children’s removal from the home. See, e.g., §§ 39.6011(2)(a), .6012(l)(a), .603(l)(f), Fla. Stat. (2013

J.C. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 136 So. 3d 621, 2013 WL 5226624, 2013 Fla. App. LEXIS 14838

Snippet: reunification can take place in contravention to section 39.6011(1), Florida Statutes (2012). We also agree with

T.C. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 136 So. 3d 616, 2013 WL 5226601, 2013 Fla. App. LEXIS 14844

Snippet: reunification can take place in contravention to section 39.6011(1), Florida Statutes (2012). We also agree with

J.Z. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-08T00:00:00-08:00

Citation: 106 So. 3d 976

Snippet: reason for the intervention by the department.” § 39.6011(2)(a). When called upon to approve a case plan,

In Re Gs

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:53:00-07:00

Citation: 84 So. 3d 1231

Snippet: a case plan that included these tasks. Section 39.6011 requires the Department to prepare a case plan …for the intervention by the department." § 39.6011(2)(a). Section 39.6012(1)(a) provides that [t]

C.T. v. Department of Children & Family Services & Guardian

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:00:00-07:00

Citation: 84 So. 3d 1231, 2012 Fla. App. LEXIS 5560

Snippet: a case plan that included these tasks. Section 39.6011 requires the Department to prepare a case plan …reason for the intervention by the department.” § 39.6011(2)(a). Section 39.6012(l)(a) provides that [t]he

S.S. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-08T00:00:00-08:00

Citation: 75 So. 3d 818, 2011 Fla. App. LEXIS 19754, 2011 WL 6101945

Snippet: conclusion based upon our reading of sections 39.6011, 39.6012, and 39.603, Florida Statutes, in which… reason for intervention by the department.” § 39.6011(2)(a), Fla. Stat. (2010). The case plan must warn…may result in termination of parental rights. § 39.6011(2)(e), Fla. Stat. (2010). “The case plan must describe

Guardian Ad Litem Program v. O.R.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-13T00:00:00-07:00

Citation: 45 So. 3d 974, 2010 Fla. App. LEXIS 15560, 2010 WL 3984709

Snippet: pleadings translated into Spanish."); compare § 39.6011(2), Fla. Stat. (2007) ("The case plan must

In Re EC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-24T00:53:00-07:00

Citation: 33 So. 3d 710

Snippet: section 39.6011(2)(a). Furthermore, it was not signed by the parties as required by section 39.6011(3). Third…the disposition hearing as required by section 39.6011(7), and the case progress notes do not include

R.C. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-24T00:00:00-07:00

Citation: 33 So. 3d 710, 2010 Fla. App. LEXIS 3924