The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.603

39.603 Court approvals of case planning.—

(1) All case plans and amendments to case plans must be approved by the court. At the hearing on the case plan, which shall occur in conjunction with the disposition hearing unless otherwise directed by the court, the court shall determine:

(a) All parties who were notified and are in attendance at the hearing, either in person or through a legal representative. The court may appoint a guardian ad litem under Rule 1.210, Florida Rules of Civil Procedure, to represent the interests of any parent, if the location of the parent is known but the parent is not present at the hearing and the development of the plan is based upon the physical, emotional, or mental condition or physical location of the parent.

(b) If the plan is consistent with previous orders of the court placing the child in care.

(d) In involuntary placements, whether each parent was notified of the right to counsel at each stage of the dependency proceedings, in accordance with the Florida Rules of Juvenile Procedure.

(e) Whether each parent whose location was known was notified of the right to participate in the preparation of a case plan and of the right to receive assistance from any other person in the preparation of the case plan.

(f) Whether the plan is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency in involuntary placements or the plan is meaningful and designed to address facts and circumstances upon which the child was placed in out-of-home care voluntarily.

(2) When the court determines that any of the elements considered at the hearing related to the plan have not been met, the court shall require the parties to make necessary amendments to the plan under s. 39.6013. The amended plan must be submitted to the court for review and approval within 30 days after the hearing. A copy of the amended plan must also be provided to each party, if the location of the party is known, at least 3 business days before filing with the court.

(3) A parent who has not participated in the development of a case plan must be served with a copy of the plan developed by the department, if the parent can be located, at least 72 hours prior to the court hearing. Any parent is entitled to, and may seek, a court review of the plan prior to the initial judicial review and must be informed of this right by the department at the time the department serves the parent with a copy of the plan. If the location of an absent parent becomes known to the department, the department shall inform the parent of the right to a court review at the time the department serves the parent with a copy of the case plan.

History.—s. 9, ch. 87-289; s. 32, ch. 88-337; s. 26, ch. 94-164; s. 17, ch. 95-228; s. 76, ch. 98-403; s. 37, ch. 99-193; s. 27, ch. 2000-139; s. 18, ch. 2006-86.

Note.—Former s. 39.452(5).

F.S. 39.603 on Google Scholar

F.S. 39.603 on Casetext

Amendments to 39.603

Arrestable Offenses / Crimes under Fla. Stat. 39.603

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.603.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. C. P. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 220 So. 3d 579 (Fla. Dist. Ct. App. 2017)

. . . See § 39.603(1), Fla. Stat. (2017); M.M. v. . . .

M. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 159 So. 3d 341 (Fla. Dist. Ct. App. 2015)

. . . circumstances upon which the court based the finding of dependency in involuntary placements.... ” § 39.603 . . . address the facts and circumstances that resulted in the adjudication of dependency violates section 39.603 . . .

In C. Z. A. Z. J. Z. v. Ad, 106 So. 3d 976 (Fla. Dist. Ct. App. 2013)

. . . .” § 39.603(l)(f). . . .

In G. S. a C. T. v. Ad, 84 So. 3d 1231 (Fla. Dist. Ct. App. 2012)

. . . dependency, but she argues that the trial court’s acceptance of the Department’s case plan violates section 39.603 . . . Finally, section 39.603(l)(f) requires the court to consider, before accepting a case plan submitted . . .

S. S. A. S. G. S. J. S. J. T. v. DEPARTMENT OF CHILDREN AND FAMILIES, 75 So. 3d 818 (Fla. Dist. Ct. App. 2011)

. . . We reach this conclusion based upon our reading of sections 39.6011, 39.6012, and 39.603, Florida Statutes . . . address facts and circumstances upon which the child was placed in out-of-home care voluntarily. § 39.603 . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . See generally § 39.6011-39.6013 & 39.603, Fla. . . .

FOSTER CHILDREN, v. BUSH,, 329 F.3d 1255 (11th Cir. 2003)

. . . . §§ 39.601(2), (3); 39.603. . . . Id. § 39.603(2). . . .

B. D. E. F. E. a v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES T. M., 829 So. 2d 359 (Fla. Dist. Ct. App. 2002)

. . . See § 39.603(2), Fla. Stat. (2000). . . . .

D. M. J. M. J. M. S. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 807 So. 2d 90 (Fla. Dist. Ct. App. 2002)

. . . Section 39.603(l)(f) provides: (1) At the hearing on the plan ... the court shall determine: (f) Whether . . .

M. W. a v. DAVIS,, 722 So. 2d 966 (Fla. Dist. Ct. App. 1999)

. . . That case plan must be approved by the court, section 39.603, and judicially reviewed on a regular basis . . . It may be amended at any time to meet the needs of the child. §§ 39.601(9)(f) and 39.603(2), Fla. . . .