The Beginning of the Process: The dependency court process begins with a report to the child abuse hotline alleging child abuse, neglect, or abandonment. As a result of the report, a child protective investigator or county sheriff visits the child’s home to determine whether or not the child’s living environment is unsafe. If the living environment is considered unsafe, and the child is in need of court protection, the child may be removed from the home or a petition filed for dependency or shelter without prior removal. If a child is removed, a shelter petition must be filed immediately thereafter.
The Courtroom: There may be numerous people in the dependency court room. It is the judge’s responsibility to listen to all parties and make informed and unbiased decisions based on the information presented in court. The following people are typically present:
• Child Protective Investigator (CPI): The person responsible for investigating the abuse report.
• Attorney for the State: An attorney representing the State of Florida, by and through the Department of Children and Families (DCF), to ensure the health and safety of children and the integrity of families.
• Case Manager: The person who coordinates services for the family and prepares most reports for the court.
• Guardian ad Litem (GAL): An attorney or case coordinator who represents the best interest of the child and works independently of the courts and the DCF.
• Parent’s Attorney: The attorney who represents the views and interest of the parents.
• Parents
• Caregivers
• Children
The Shelter Hearing: The shelter hearing is held before or within 24 hours after removal of a child from the home. At the shelter hearing, the court will hear testimony about the alleged child abuse, neglect, and/or abandonment. During the hearing, the judge determines whether probable cause exists to place or keep a child in shelter status pending further investigation of the case. Visitation and other concerns are also addressed during this hearing.
The Arraignment Hearing: The arraignment hearing occurs within 28 days of the shelter hearing. During the hearing, the parents or legal custodians enter a plea of “admit,” “consent,” or “deny” in response to the dependency petition. If the parents/legal custodians deny the allegations in the dependency petition, the judge will set an adjudicatory hearing within 30 days of the arraignment hearing. However, if the parents/legal custodian admit or consent to the allegations in the petition, the judge will set a disposition hearing within 15 days of the arraignment hearing unless a continuance is necessary. Rule 8.225(c)(1) requires that all parties and participants whose identity and address are known, including the child’s foster parents and relative caregivers, must be notified of the arraignment hearing.
The Adjudicatory Hearing: If the parents or legal custodians deny any of the allegations in the petition, an adjudicatory hearing occurs within 30 days of the arraignment hearing. During this hearing, the judge listens to the facts of the case and determines if the child is dependent (found to be abused, abandoned, or neglected , or at imminent risk of abuse, abandonment, or neglect). Adjudicatory hearings are conducted without a jury and a “preponderance of evidence” (it is more likely than not that the allegations in the petition are true) is required to establish dependency. If the court determines that the child is dependent, then the case is scheduled for a disposition hearing.
The Disposition Hearing: The disposition hearing should occur within 15 days of the arraignment hearing or within 30 days of the adjudicatory hearing. During this hearing, the judge makes decisions regarding the most appropriate placement for the child, and determines the necessary protections and services.
Case Plan Approval: During the disposition hearing or within 30 days of the disposition hearing a judge will review the case plan and may accept it or suggest changes. A case plan contains specific goals and steps the parents or legal custodians need to accomplish to address the behavior that created the risk for the child. In addition, the case plan lists the services to be provided to the child, foster parents, and legal custodians.
Judicial Reviews: The first judicial review occurs within 90 days of the disposition hearing or the date of the case plan approval, whichever comes first, but no later than six months from the date of removal. Additional reviews occur every six months and within 90 days after the child’s 17th birthday. During judicial review hearings, the court receives updates on the parents/legal custodians’ case plan progress. Under §39.701(5), Florida Statutes (2009), the following people, among others, are required to be noticed of judicial review hearings: the foster parent or legal custodian in whose home the child resides, any preadoptive parent, the attorney for the child, and the child (13 years of age or older).
Permanency Hearing: A permanency hearing must be held no later than 12 months after the date the child was removed from the home or no later than 30 days after a court determines that reasonable efforts to return a child are not required, whichever occurs first. At the permanency hearing, the court considers the permanency options of reunification, adoption, permanent guardianship, permanent placement with a fit and willing relative, and placement in another planned permanent living arrangement.
Termination of Parental Rights: Termination of Parental Rights (TPR) begins with a TPR petition. This petition alleges that the child’s parents have met at least one ground for TPR. (See §39.806, Florida Statutes, (2009) for a detailed explanation of TPR grounds.) A TPR adjudicatory hearing will be held within 21 days of the court receiving the TPR petition if the parents voluntarily surrender parental rights. If the child’s parents deny the charges in the TPR petition, a TPR adjudicatory hearing must be held within 45 days following advisory, unless all necessary parties agree to a different date.
