Fla. Admin. Code Ann. R. 65C-30.013 - Judicial Reviews and Court Reports

(1) Judicial Review Social Study Report.

(a) The case manager will develop Judicial Review Social Study Reports (JRSSR) using the JRSSR functionality in the child welfare information system.

(b) When a combined report is prepared for children who are referenced in court by the same case number, each child shall be addressed individually in the report.

(c) Any event that may impact the child's placement and educational stability; and Department or contracted service provider actions relating to the child shall be included in the JRSSR.

(d) In addition to the requirements of Section 39.701(2)(a), F.S., the JRSSR shall also include a recommendation to the court as to the child's placement and supervision until the next review. This recommendation shall be supported by the other information provided in the report.

(e) The JRSSR requirements are the same whether the JRSSR is prepared for a Citizen's Review Panel, General Magistrate pursuant to Rule 8.257, Florida Rules of Juvenile Procedure, or for a hearing held by a judge.

(f) All Multidisciplinary Team Staffings outlined in Rule 65C-30.023, F.A.C.; and Transition Plans as outlined in Rule 65C-28.024, F.A.C.; completed within the last 6 months will be included in the JRSSR.

(g) The JRSSR shall include the date the child was provided with the verbal and written instructions on reporting abuse, abandonment, or neglect, pursuant to Section 39.4085, F.S.

(2) Other Requests for Court Action.

(a) Whenever a need arises for court action outside the regular review period, the Department or contracted service provider shall, through children's Legal Services (CLS), request such action from the court. The need for petitioning the court for such action shall include:

1. When the danger threat to the child can be managed through an in-home safety plan or has been ameliorated,

2. When the child's caregiver or a service provider is failing to perform actions as required and the performance is necessary for reunification and the welfare of the child,

3. When requesting a modification to visitation, such as frequency or change from supervised to unsupervised for a child in out-of-home care,

4. When the conditions for return have been met, reunification should occur prior to the next regularly scheduled review.

(b) The Department or contracted service provider shall, through CLS, request such action from the court and provide the court sufficient information to make an informed decision on the request.

(c) Copies of any petition or report shall be provided by the CLS attorney to the parties as required for any judicial review.

(d) A motion or pleading shall be prepared by the CLS attorney for each request for court action.

(e) Except in the case of an emergency, all pleadings and attachments shall be provided by the CLS attorney to the parties and others as required for a judicial review.

(f) If emergency request is made, notice to the parties and copies of the request shall be furnished by the CLS attorney by the means most likely to provide actual notice, including those notifications required for Indian and Alaskan Native children under the provisions of the Indian Child Welfare Act.

Notes

Fla. Admin. Code Ann. R. 65C-30.013

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.701 FS.

New 5-4-06, Amended by Florida Register Volume 42, Number 026, February 09, 2016 effective 2/25/2016, Amended by Florida Register Volume 49, Number 030, February 14, 2023 effective 3/1/2023.

New 5-4-06, Amended 2-25-16, 3-1-23.