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Flashcards in FL Dependency Deck (88)
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1

__________ is the term used in FL for civil cases where th estate protects children from abuse, abandonment or neglect. The court must make a finding that the child is _________ on the state for protection.

Dependency; dependent

2

Parents have a constitutional right to the care, custody, and control of their children. As a result, parents have a right to:

(1) An attorney
(2) Notice of all hearings
(3) Visitation

3

Parents' right to an attorney - This is a _________ right in FL throughout the dependency case, but it is a US constitutional right when the state seeks to permanently terminate parental rights. If the parent is indigent, counsel will be appointed.

Statutory

4

Parents' right to visitation - unless there is ____________ visitation is not in the child's best interest.

Clear and convincing

5

___________ also have a right to reasonable visits.

Grandparents

6

The state must use _________ to keep the child in the home with services.

Reasonable efforts

7

If the child is removed, the state must use ________ to reunify the child with his family as quickly as possible.

Reasonable efforts

8

Only if family reunification efforts are ________________, the state may consider other options to find the child a new permanent family.

Unsuccessful or unlikely

9

The 3 main child welfare goals reflected in federal and FL law are:

(1) Safety: protect the child from harm
(2) Permanency: ensure the child has a permanent home with a family
(3) Well-being: ensure that the child receives appropriate health, education and other services

10

Parents as parties

Each is a separate party

11

Advocates for the best interests of the child

Guardian ad litem

12

The state agency with authority to protect abused, abandoned and neglected children. Responsible for investigation, bringing a dependency case, monitoring parents and children and custody and care of children.

Department of Children and Families (DCF)

13

Does the child have a right to counsel?

No, but may be appointed an attorney ad litem

14

The Circuit Court has exclusive jurisdiction, the dependency cases are typically heard in the ________ division.

Juvenile

15

The Juvenile court has jurisdiction until the child turns ___ but can be terminated if the child is over 18 and requests it or if the child is not eligible for extended foster care. Also has jurisdiction if the child is 22 if the child has an open immigration case.

21

16

Shelter (emergency removal) Hearing:
Key issue?

Should the child be removed form the home?

17

Shelter (emergency removal) Hearing:
Time?

Within 24 hours after removal

18

Shelter (emergency removal) Hearing:
Standard of Proof?

Probable cause

19

Arraignment:
Key issue?

Have the parents received notice and been advised of rights?

20

Arraignment:
Time?

Within 28 days of shelter

21

Adjudication:
Key issue?

Is the child dependent?

22

Adjudication:
Time?

Within 30 days after arraignment

23

Adjudication:
Standard of Proof?

Preponderance of the evidence

24

Disposition:
Key issue?

Should the game plan for the case be approved and where should the child live pending final resolution?

25

Disposition:
Time?

Within 30 days of adjudication

26

Judicial Review:
Key issue?

Has there been progress on the case plan?

27

Judicial Review:
Time?

Within 90 days after disposition or approval of case plan, and then every 6 months until case is closed.

28

Permanency Hearing:
Key issue?

Has there been progress towards finding the child a "forever family"?

29

Permanency Hearing:
Time?

12 months after child is removed and every 12 months thereafter

30

Termination of Parental Rights:
Key issue?

Should the parent's rights be permanently terminated?