Florida Statute 39.6013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.6013

39.6013 Case plan amendments.—

(1) After the case plan has been developed under s. 39.6011, the tasks and services agreed upon in the plan may not be changed or altered in any way except as provided in this section.

(2) The case plan may be amended at any time in order to change the goal of the plan, employ the use of concurrent planning, add or remove tasks the parent must complete to substantially comply with the plan, provide appropriate services for the child, and update the child’s health, mental health, and education records required by s. 39.6012.

(3) The case plan may be amended upon approval of the court if all parties are in agreement regarding the amendments to the plan and the amended plan is signed by all parties and submitted to the court with a memorandum of explanation.

(4) The case plan may be amended by the court or upon motion of any party at any hearing to change the goal of the plan, employ the use of concurrent planning, or add or remove tasks the parent must complete in order to substantially comply with the plan if there is a preponderance of evidence demonstrating the need for the amendment. The need to amend the case plan may be based on information discovered or circumstances arising after the approval of the case plan for:

(a) A previously unaddressed condition that, without services, may prevent the child from safely returning to the home or may prevent the child from safely remaining in the home;

(b) The child’s need for permanency, taking into consideration the child’s age and developmental needs;

(c) The failure of a party to substantially comply with a task in the original case plan, including the ineffectiveness of a previously offered service; or

(d) An error or oversight in the case plan.

(5) The case plan may be amended by the court or upon motion of any party at any hearing to provide appropriate services to the child if there is competent evidence demonstrating the need for the amendment. The reason for amending the case plan may be based on information discovered or circumstances arising after the approval of the case plan regarding the provision of safe and proper care to the child.

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

(7) The case plan is deemed amended as to the child’s health, mental health, and education records required by s. 39.6012 when the child’s updated health and education records are filed by the department under s. 39.701(2)(a).

(8) 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).

History.—s. 17, ch. 2006-86; s. 3, ch. 2007-5; s. 12, ch. 2009-43; s. 3, ch. 2013-178; s. 7, ch. 2018-103; s. 9, ch. 2019-128.

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Amendments to 39.6013

Arrestable Offenses / Crimes under Fla. Stat. 39.6013

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6013.

Annotations, Discussions, Cases:

Cases Citing Statute 39.6013

Total Results: 14

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Citation: 249 So. 3d 1175

Snippet: § 7, Laws of Fla. (adding subsection (6) to § 39.6013, Fla. Stat. (2017) ). New subdivision (b)(6) is

Florida Department of Children & Families v. N.H.

Court: District Court of Appeal of Florida | Date Filed: 2015-09-02

Citation: 174 So. 3d 572, 2015 Fla. App. LEXIS 13049, 2015 WL 5132689

Snippet: 770 So.2d 1164, 1166 (Fla.2000). Section 39.6013, Florida Statutes (2015), authorizes the amendment

M.B.W. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2015-05-15

Citation: 163 So. 3d 1229, 2015 WL 2261693

Snippet: requisite evidentiary showing pursuant to section 39.6013, Florida Statutes). As such, we affirm the adjudication

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

Court: District Court of Appeal of Florida | Date Filed: 2015-03-11

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

Snippet: case plan may ... be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should

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

Court: District Court of Appeal of Florida | Date Filed: 2014-04-23

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

Snippet: plan may of course be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should

A.L. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2010-12-21

Citation: 53 So. 3d 324, 2010 Fla. App. LEXIS 19758, 2010 WL 5184730

Snippet: amend the case plan in accordance with section 39.6013, Florida Statutes, and Florida Rule of Juvenile

MI v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2010-09-08

Citation: 45 So. 3d 878, 2010 Fla. App. LEXIS 13383, 2010 WL 3488828

Snippet: the Father's case plan goal. However, section 39.6013, Florida Statutes (2009) expressly allows the amendment

RN v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2010-01-20

Citation: 25 So. 3d 697, 2010 Fla. App. LEXIS 418, 2010 WL 198471

Snippet: response to the Legislature's enactment of section 39.6013, Florida Statutes (2006).[3]*700 See In re Amends

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

Court: District Court of Appeal of Florida | Date Filed: 2009-02-25

Citation: 6 So. 3d 643, 2009 Fla. App. LEXIS 1498

Snippet: in foster care under an amended case plan, see 39.6013(4), .811(1)(a). Reversed and remanded for further

In Re GC

Court: District Court of Appeal of Florida | Date Filed: 2009-02-25

Citation: 6 So. 3d 643, 2009 WL 454580

Snippet: in foster care under an amended case plan, see 39.6013(4),.811(1)(a). Reversed and remanded for further

Department of Children and Family Services v. ML

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 984 So. 2d 606, 2008 WL 2357067

Snippet: amended case plan. See § 39.6013, Fla. Stat. (2007). We disagree. Section 39.6013 contemplates amendments

AW v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-11-20

Citation: 969 So. 2d 496, 2007 WL 4105543

Snippet: proper parenting skills. See generally § 39.6011-39.6013 & 39.603, Fla. Stat. (2006) (setting out procedures

KE v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-05-14

Citation: 958 So. 2d 968, 2007 WL 1450735

Snippet: the children with their respective fathers. § 39.6013, Fla. Stat. (2005). A case plan is not required

RH v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-02-09

Citation: 948 So. 2d 898, 2007 WL 419350

Snippet: the children with their respective fathers. § 39.6013, Fla. Stat. (2005). A case plan is not required