Dependency (Me)

Question 1

What are the causes for a dependency case?

Answer 1

1. abandonment
2. abuse
3. neglect

Question 2

What is child abandonment?

Answer 2

IF:

1. an able parent makes no significant contribution to the child’s care and maintenance;
2. no effort to establish or maintain a substantial and positive relationship with the child, or
3. there is no parent or legal custodian capable of providing care or supervision, (incarceration of parent or legal guardian may support a finding of abandonment).

the child may be found to be abandoned.

Question 3

What is child abuse?

Answer 3

if a parent commits or threatens a willful act that results in physical, mental or sexual abuse, injury or harm, or that is likely to significantly impair the child’s physical, mental or emotional health, the child may be found to be abused.

Question 4

What is child neglect?

Answer 4

IF a financially able parent allows a child:

1. to be deprived of necessary food, clothing, shelter or medical treatment, or
2. to live in an environment which causes the child’s physical, mental, or emotional health to be significantly impaired or in danger of being significantly impaired,

the child may be found to be neglected.

Question 5

Who are the parties to a child dependency case?

Answer 5

1. parent(s)
2. Department of Children and Families (“DCF”)
3. petitioner (if not DCF)
4. guardian ad litem
5. child

Question 6

Does a child have a constitutional right to counsel in dependency proceedings?

Answer 6

No, but court may appoint. Generally do have statutory right to appointment of a guardian ad litem, who represents the best interests of the child.

Question 7

Who has jurisdiction over child dependency cases?

Answer 7

The circuit court has exclusive jurisdiction.

Court maintains this jurisdiction until 21 unless young adult chooses to leave foster care or a young adult does not meet the eligibility requirements to remain in foster care under the statute.

(Florida lecture handout says 18, 21 if child requests and 22 if open immigration case.)

Question 8

Does a parent have a right to counsel during dependency case?

Answer 8

Yes, parent has statutory right throughout dependency proceedings and federal constitutional right to counsel if state seeks to permanently terminate parental rights.

Parents also have constitutional right to the care, custody and control of their children. And a right to notice of all proceedings and hearings, unless parental rights have been terminated.

Question 9

What are a parents rights during a dependency case?

Answer 9

• parents have constitutional right to care, custody and control of their children.
  
  • parent has right to attorney — statutory right in FL throughout dependency case, but US constitutional right when the state seeks to permanently terminate parental rights. If parent indigent, counsel will be appointed.
• Notice of all hearings
• Visitation – unless there is clear and convincing evidence visitation is not in the child’s best interests.
  
  • Grandparents also have a right to reasonable visits.

Question 10

What are the state’s interest in a dependency case?

Answer 10

State has interest in protecting children and this justifies intrusion into private family life, but the state seeks to minimize intrusion and limiit the amount of time state involved.

• state must use reasonable efforts to keep the child in the home with services.
• if child is removed, the state must use reasonable efforts to reunify the child with his family as quickly as possible.
• only if family reunification efforts are unsuccessful or unlikely, the state may consider other options to find the child a new permanent family.

Question 11

What are the steps in a dependency case?

Answer 11

1. Report
2. Investigation (to be completed within 60 days after receiving initial report).
3. Shelter Hearing (emergency removal) within 24 hours after removal (probably cause needed. Consider – should the child be removed from the home?)
4. Arraignment Hearing within 28 days of shelter hearing if child sheltered, if not within a reasonable time after filing of dependency petition. (Have the parents received notice and been advised of rights?)
5. Adjudication Hearing within 30 days after arraignment (Is the child dependent? Dependency must be established by a preponderance of the evidence).
6. Disposition Hearing with 30 days of child being adjudicated dependent. (require clear and convincing evidence to remove child. Should the game plan for the case be approved and where should the child live pending final resolution?).
7. Judicial Review within 90 days after disposition or approval of case plan, and then every 6 months until case closed. (Has there been progress on the case plan?)
8. Permanency Hearing 12 months after child is removed and every 12 months thereafter. (Has there been progress toward finding the child a forever home?)
9. Termination of Parental Rights (Should the parent’s rights be permanently terminated? Clear and convincing evidence required.)

Question 12

When must an attorney be appointed for a child?

Answer 12

• When child lives or is being considered for placement in a skilled niursing facility or home.
• When child is prescribed psychotropic meds but does not want to take them.
• When child has diagnosis of a developmental disability.
• When child is placed or is being considered for placement in a residential treatment center.
• When child is a victim of human trafficking.

Question 13

Who must report child abuse or neglect?

Answer 13

Any person who knows or has reasonable cause to suspect abuse or neglict has to report to the DCF abuse hotline. (3rd degree felony not to report. Any college, university or school whose administrators knowingly and willfully fail to report known or suspected child abuse, abandonment or neglect committed on property of school is subject to fines of $1mm for each failure. )

Question 14

Who are mandatory reports of child abuse, neglect and/or abandonment?

Answer 14

1. doctors, nurses or hospital personnel
2. mental health professionals
3. teachers and school administrators
4. social workers, day care and other child care providers
5. law enforcement and judges
6. college and university administrators

Must report and face loss of license or possibly criminal charges for failing to report.

Question 15

Are there privileged communications for communications involving child abuse, abandonment or neglect?

Answer 15

Generally no. Mandate states that neither privilege nor confidentiality applies. Exceptions:

1. Attorney/Client Privilege
2. Clergy/Penitent Privilege – statemetns made to clergy for purpose of seeking spiritual advice.

Question 16

When must a child dependency investigation occur and what does it include?

Answer 16

It must be completed with 60 days of the initial report.

Must include face to face interviews with family and home visit. Certain cases referred to multidisciplinary teams called child protection teams.

Question 17

What may the Department of Children and Families (“DCF”) decide during the investigative stage?

Answer 17

1. close the case b/c no basis for a dependency case;
2. remove the child (shelter) b/c there is need for immediate action; or
3. decide there is no need to remove teh child but there is a basis to open a dependency case.

Question 18

What is required to remove a child from her parents?

Answer 18

There must be sworn testimony that there is probably cause to find the following:

1. abuse, neglect or abandonment;
2. that the parent has materially violated a condition imposed by the court; or
3. the child has no parent, custodian or relative available to provide supervision or care.

Question 19

When must the shelter hearing occur?

Answer 19

If the child is removed from the home, there must be a shelter hearing within 24 hours.

Question 20

What is the burden of proof required for shelter?

Answer 20

probable cause required for removal

Question 21

What rights to parents have at shelter phase?

Answer 21

1. provided with written notice that they have the right;
2. to be heard and present evidence; and
3. have statutory right to an attorney and one will be appointed if indigent.

Question 22

What must court find to keep child in shelter?

Answer 22

1. probably cause for removal
2. child is in substantial and immediate danger at home
3. providing services will not eliminate the need for removal
4. DCF made reasonable efforts to prevent removal or threat to child so seriou that DCF is excused from making reasonable efforts

Question 23

Where will the child live temporarily?

Answer 23

In a shelter or safe house?

DCF must conduct a home study and background check on every person being considered for placement. Then the following placement options in order of preference:

1. a parent
2. a relative
3. non-relative, non-licensed home if there is an approved home study. (friend of family or some other person close to child.)
4. licensed foster home or group home .

Court gives custody to DCF and DCF selects specific home.

Question 24

When must the petition for dependency be filed?

Answer 24

Within 21 days after the shelter hearing. If child not sheltered, then within a reasonable time.

Question 25

What are the parents’ rights re dependency petition?

Answer 25

1. given notice and served with petition
2. DCF must do a search to try to find a parent whose whereabouts are unknown. (no need to do publication if parent not found).

Question 26

When must the arraignment hearing being held?

Answer 26

Within 28 days of the shelter hearing.

Question 27

What happens at the arraignment hearing?

Answer 27

1. parent enters a response – admits, denies, or consents to allegations
2. parent is advised of the right to counsel and appointed an attorney if indigent
3. failure to attend the arraignment is deemed consent to the dependency order.
   4.

Question 28

Who conducts the adjudicatory hearings?

Answer 28

The judge, not a jury.

Question 29

What is the burden of proof for dependency?

Answer 29

preponderance of the evidence

Question 30

What are the possible grounds for dependency?

Answer 30

1. abuse
2. abandonment
3. neglect
4. there is no parent or legal custodian capable of providing supervision or care
5. child is sexually exploited and there is no parent or legal custodian capable of providing supervision or care
6. parent voluntarily places the child with DCF for purposes of adoption
7. parents voluntarily placed child with DCF and subsequently failed to comply with case plan.

Question 31

What are the possible outcomes of a dependency trial?

Answer 31

1. child not dependent (not proven by preponderance of evidence and court must dismiss)
2. adjudication withheld (case proven, but child can safely be placed at home, court can withhold adjudication and order services in the home. If parent complies with conditions, case will be dismissed. If not, court can enter adjudication without new trial.
3. child is dependent.

Question 32

What is a case plan and who prepares it?

Answer 32

• prepared by DCF
• serves as game plan for how problem can be fixed so child can be reunified with parents or provided with another permanent home, and appropriately cared for while under DCF supervision. Includes goals, problems, services provided, tasks to be performed by parents, parent responsibility for financial support, role of foster parents or caregivers, info and services for child’s care, time limit to achieve goals, notice that parental rights may be terminated, signatures.
• must developed with parents, guardian ad litem, temporary caregiver and child.

Question 33

When does a case plan expire?

Answer 33

No later than 12 months after the first to occur of

1. child removed from home,
2. child adjudicated dependent, or
3. case plan was accepted by court.

Question 34

What are the possible permanency goals for a case?

Answer 34

In order of priority:

1. reunification with parents
2. adoption
3. permanent guardianship
4. permanent placement with a fit and willing relative
5. placement in another planned permanent living arrangement

DCF must justify why higher priority goal is not in child’s best interest.

Case closed if one of goals 1 through 4 is met.

Question 35

What is the disposition hearing?

Answer 35

Must be held within 30 days after adjudication.

Court approves the case plan and decides where the child will live during the case.

The parties may present evidence to challenge the case plan, placement, services or permanency goals.

Question 36

What are the decision made by the Judge at the Judicial Review?

Answer 36

• Has DCF made reasonable efforts to achieve the goals of the case?
• Have the parents complied with the case plan?
• Is the child in an appropriate placement?
• Should the permanency goals be changed?
• What additional services or obligations need to be added to the case plan?

DCF must provide all parties with and file with the court a judicial review social services report (JRSSR) re progress and child’s well being.

Question 37

When must the judicial review hearings occur?

Answer 37

once every 6 months. the first review must be no later than 90 days after disposition or approval of case plan.

Question 38

What other hearings occur after judicial review?

Answer 38

• citizen review panels that make recommendations to judge
• 17 year old review (must be provided when kid is 17)
• permanency hearing after 12 months in care.

Question 39

What are the grounds for terminating parental rights?

Answer 39

1. parent has voluntarily surrendered rights
2. child has been abandoned and parents cannot be located within 60 days
3. parents conduct demonstrates continuing involvement would threaten life, safety, etc. of child, irrespective of services
4. child adjudicated dependent and parents have no complied with case plan, etc for 12 months or materially breached case plan.
5. parent subjected child or another child to egregious conduct, abuse, sexual abuse, etc.
6. parent murdered or caused serious physical injury to other parent or another child
7. parent has chronic history of alcohol or substance abuse or child was born exposed to substances.
8. parent involuntarily TPR’d for another child, or this child or a sibling were in out of home care 3 or more times.

Question 40

What is the standard of proof required for terminating parental rights?

Answer 40

clear and convincing evidence.

Court must find that the grounds for TPR have been proven and it is in the manifest best interests of the child to terminate parental rights.

If terminated, adoption is the goal.

Question 41

When can a petition to terminate parental rights be filed?

Answer 41

At any time.

Question 42

When must the DCF file a petition for termination of parental rights?

Answer 42

1. if the child has not returned to the parents 12 months after being sheltered or adjudicated dependent unless good cause
2. child has been out of home 12 out of most recent 22 months
3. parent has been convicted of some serious offenses including murder of another parent or another child of the parent
4. court decides that reunification efforts are not required.

Question 43

Is notice required for a petition to terminate parental rights?

Answer 43

Yes, there must be notice of an advisory hearing for the Petition to Terminate Parental Rights (TPR) and the petition must be personally served on the parents. Failure to appear serves as consent to the TPR peitition.