Fl. R. Juv. P. form 8.967

As amended through November 4, 2024

Form 8.967 - ORDER OF DISPOSITION, ACCEPTANCE OF CASE PLAN, AND NOTICE OF HEARING

ORDER OF DISPOSITION, ACCEPTANCE OF CASE PLAN, AND NOTICE OF HEARING

THIS CAUSE came before this court on .....(date)....., under chapter 39, Florida Statutes, for disposition of the Petition for Dependency and acceptance of the Case Plan filed by the Department of Children and Family Services.

The following persons appeared before the court:

..........(Name)....., Petitioner

..........(Name)....., Attorney for the petitioner

..........(Name)....., Attorney for the department

..... .....(Name)....., Department caseworker

..........(Name)....., Mother

..... .....(Name)....., Attorney for mother

..........(Name)....., Father of (child).....

..... .....(Name)....., Attorney for father

..........(Name)....., Guardian ad litem

..... .....(Name)....., Attorney for guardian ad litem

..... .....(Name)....., Legal custodian

..........(Name)....., Attorney for legal custodian

..... .....(Name)....., Other ..........

The court having considered the family functioning assessment and Case Plan filed by the department and having heard testimony and argument and being otherwise fully advised in the premises finds that:

1. The minor child(ren) who is/are the subject matter of these proceedings, was/were adjudicated dependent within the meaning and intent of chapter 39, Florida Statutes, continue to be dependent, and is/are residents of the State of Florida.

2. The minor child(ren) is/are of an age subject to the jurisdiction of this Court.

3. The following parties were notified of this hearing and provided a copy of the Case Plan and family functioning assessment filed in this cause:

..... .....(Name)....., Petitioner

..........(Name)....., Attorney for the petitioner

..........(Name)....., Attorney for the department

..........(Name)....., Department caseworker

..... .....(Name)....., Mother

..........(Name)....., Attorney for mother

..... .....(Name)....., Father of .....(child).....

..........(Name)....., Attorney for father

..... .....(Name)....., Guardian ad litem

..........(Name)....., Attorney for guardian ad litem

..... .....(Name)....., Other ..........

4. The mother, .....(name).....:

..... did not appear and ..... was .... was not represented by legal counsel;

..... appeared .....with .....without legal counsel and ..... was ..... was not advised of her right to legal counsel;

..... knowingly, intelligently, and voluntarily ..... waived

..... did not waive her right to legal counsel; and

..... was ..... was not determined to qualify as indigent and .....was ..... was not appointed an attorney.

5. The father, .....(name).....:

..... did not appear and ..... was .....was not represented by legal counsel;

..... appeared .....with .....without legal counsel and ..... was ..... was not advised of his right to legal counsel;

..... knowingly, intelligently, and voluntarily ..... waived

.....did not waive his right to legal counsel; and

..... was ..... was not determined to qualify as indigent and .....was ..... was not appointed an attorney.

6. The following parents/legal custodians were notified of their right to participate in the preparation of the case plan and to receive assistance from any other person in the preparation of the case plan: .....(names of persons notified)......

7. The department filed a family functioning assessment with the court on .....(date)...... This family functioning assessment .....is ..... is not in compliance with the statutory requirements.

8. The department filed a case plan with the court on .....(date)......

a. The terms of the case plan .....are .....are not consistent with the requirements of the law and previous orders of this court.

b. The case plan ..... is .....is not meaningful and designed to address the facts and circumstances on which the court based the finding of dependency.

c. The case plan ..... is .....is not in the best interest of the minor child(ren).

d. The case plan's stated goal of ............... is ..... is not a reasonable goal.

e. The parents ..... have .....do not have the ability to comply with the terms of the case plan.

9. There is a need for temporary child support from .....(noncustodial parent(s))..... and that he/she/they ..... has/have .....do/does not have the ability to pay child support.

COMMENT: Use 10, 11 & 12 if child(ren) is/are not placed in the home of a parent.

10. It is in the best interest of the minor child(ren) to be placed in the care and custody of .....(placement ordered)......

11. Placement of the minor child(ren) in the care and custody of .....(placement ordered).....is in a setting which is as family like and as close to the home as possible, consistent with the child(ren)'s best interests and special needs.

12. Return of the minor child(ren) to the custody of .....(person from whom child(ren) was/were originally removed).... would be contrary to the best interest and welfare of the minor child(ren). The child(ren) cannot safely remain .....return home with services and removal of the child(ren) is necessary to protect the child(ren), in that .....

13. Prevention or reunification services .....were not ..... were indicated and are as listed: ......(services indicated)......Further efforts could not have shortened separation of this family because:

COMMENT: Use 14 if the goal of the case plan is reunification.

14. Reasonable efforts to prevent or eliminate the need for removal of the child(ren) have been made by the department, which provided the following services: ....

COMMENT: Use 15 if child(ren) remain(s) or is/are returned to the parent(s).

15.... The child(ren) can safely .....remain with .....be returned to ..... (parent(s)'s name(s))..... as long as he/she/they comply(ies) with the following: ....

THEREFORE, based upon the foregoing findings, it is hereby ORDERED AND ADJUDGED that:

..1. The minor child(ren), .....(name(s))..... be placed in the custody of .....(name)....., under supervision of the department.

2. The family functioning assessment report filed by the department is:

..... not accepted and a continuance was requested.

..... accepted by the court.

..... accepted by the court with the following amendments: .....

3. The case plan filed by the department is:

..... not accepted and a continuance is granted for 30 days or less.

..... accepted by the court.

..... accepted by the court with the following amendments: ....

4. All parties are ordered to comply with the provisions of the case plan and any amendments made to it.

COMMENT: Use 5, 6 & 7 if child(ren) is/are placed outside the home.

.. 5. The mother, .....(name)....., shall pay child support in the amount of $...........by the .....(day).....of each month to .....(where money is to be paid)....., beginning on .....(date).....and continuing until such time as payments begin to be deducted by income deduction order. All child support payments shall be paid to the Clerk of the Circuit Court designated to receive child support payments.

.. 6. The father, .....(name)....., shall pay child support in the amount of $...........by the .....(day).....of each month to .....(where money is to be paid)......, beginning on .....(date).....and continuing until such time as payments begin to be deducted by income deduction order. All child support payments shall be paid to the Clerk of the Circuit Court designated to receive child support payments.

.. 7. The legal custodian shall have the right to authorize for the child(ren) any emergency medical treatment and any ordinary and necessary medical and dental examinations and treatment, including blood testing, preventive care including ordinary immunizations, tuberculin testing, and well-child care, but not including nonemergency surgery, general anesthesia, provision of psychotropic medications, or other extraordinary procedures for which a separate order or informed consent as provided by law is required.

8. Other: .....

9. All prior orders not inconsistent with the present order shall remain in full force and effect.

10. This court shall retain jurisdiction over this cause to enter any such further orders that may be deemed necessary for the best interest and welfare of the minor child(ren).

11. This matter is scheduled for Judicial Review on .....(date).....at .....(time)......

DONE AND ORDERED in ...................., Florida, on

.....(date)......

Circuit Judge

NOTICE OF HEARING

The Juvenile Court hereby gives notice of hearing in the above-styled cause on (date) at .....a.m./p.m., before.....(judge)....., at .....(location)....., or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier font.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact .....(name, address, and telephone number)..... at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 711.

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to:

Fl. R. Juv. P. form 8.967

Amended effective 7/1/2023; Amended effective 2/1/2018; amended by 115 So.3d 286, effective 7/1/2013; amended by 827 So.2d 219, effective 1/1/2003; amended by 725 So.2d 296, effective 10/1/1998; amended by 684 So.2d 756, effective 1/1/1997; added by 589 So.2d 818, effective 7/1/1991.