Fl. R. Juv. P. form 8.973C

As amended through November 4, 2024

Form 8.973C - ORDER ON JUDICIAL REVIEW

ORDER ON LAST JUDICIAL REVIEW BEFORE CHILD REACHES

AGE 18 AND NOTICE OF NEXT HEARING

THIS CAUSE came on to be heard on .....(date).....for Judicial Review on the report filed by the Department of Children and Families in this cause under chapter 39, Florida Statutes.

The following persons appeared before the court:

..... .....(Name)....., Child

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

..... .....(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: ..........

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present.

and the court having considered:

..... Judicial Review Social Study Report filed by the department;

..... Statement/homestudy filed by the department;

..... Report of the guardian ad litem;

..... A case plan, dated .........., filed by the department that includes information related to independent living services that have been provided since the child's 13th birthday or since the date the child came into foster care, whichever came later;

..... Statement by the child's caretaker on the progress the child has made in acquiring independent living skills;

..... Whether or not the child is a citizen and, if the child is not a citizen, the steps that have been taken to address the citizenship or residency status of the child;

..... A copy of the child's transition plan;

..... Other: ..........

AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. That the minor child(ren) who ...is/are... the subject matter of these proceedings ...was/were... adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and ...is/are resident(s) of the state of Florida.

2. The following parties were notified of this hearing and provided a copy of the documents filed for this hearing:

..........(Name)....., Child

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

..........(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: ..........

3. The child has been given the opportunity to address the court with any information relevant to the child's best interests.

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.

COMMENT: Repeat above for each father.

6. The department filed a judicial review report with the court on .....(date)......The judicial review report .....is .....is not in compliance with the statutory requirements.

7. 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 those notified)......

8. The mother has complied with the following tasks in the case plan: .....(list tasks complied with)......

9. The mother has not complied with the following tasks in the case plan: .....(list tasks not complied with)......

10. The father, (father's name)....., has complied with the following tasks in the case plan: .....(list tasks complied with)......

11. The father, (father's name)....., has not complied with the following tasks in the case plan: .....(list tasks not complied with)......

12. The mother .....has ..... has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

13. The father, .....(father's name)....., ..... has .....has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

14. The department .....has .....has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

15. The mother .....has ..... has not complied with court ordered financial support for the child as follows: .....(explanation of financial compliance)......

16. The father, .....(father's name)....., ..... has .....has not complied with court ordered financial support for the child as follows: .....(explanation of financial compliance)......

17. The mother .....has ..... has not complied with court ordered meetings with the department as follows: .....(explanation of meetings compliance)......

18. The father, .....(father's name)....., ..... has .....has not

complied with court ordered meetings with the department as follows: .....(explanation of meetings compliance)......

19. The department .....has .....has not complied with court ordered meetings with the parents as follows: .....(explanation of meetings compliance)......

COMMENT: Use 20, 21, 22, 23, & 24 if child(ren) is/are not placed in the home of a parent.

20. It is in the best interest of the minor child(ren) to be placed in the care and custody of .....(placement ordered)...... The department has placement and care responsibility while the child(ren) is/are under protective supervision in an out-of-home placement.

21. 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.

22...... The children ..... are .....are not separated in their placements. The following efforts have been made to reunite separated siblings: ..........

..... It is not in the best interest of each sibling to be reunited in their placement because: ..........

..... Each sibling has the following frequency, kind, and duration of contacts: ..........

23. Return of the minor child(ren) to the custody of .....(person(s) 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).

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

COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the parent(s).

25. 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: ...........The safety, well-being, and physical, mental, and emotional health of the child(ren) are not endangered by allowing the child(ren) to ..... remain ..... return home.

26. The child's petition and application for special immigrant juvenile status or other immigration decision remains pending.

27. The department .....has .....has not complied with its obligation as specified in the written case plan or in the provision of independent living services as required by Florida Statutes.

28...... The child does plan on remaining in foster care.

a. the child will meet the requirements by ..........

b. the supervised living arrangement will be ..........

c. the child has been informed of

(1)..... the right to continued support and services;

(2)..... the right to request termination of this court's jurisdiction and to be discharged from foster care;

(3)..... the opportunity to reenter foster care pursuant to Florida law; and

(4)..... the requirement to furnish documentation of participation in a program required for eligibility to remain in extended foster care.

29...... The child does not plan on remaining in foster care. The child has been informed of:

a...... services of benefits for which the child may be eligible based upon the child's placement and length of time spent in licensed foster care;

b...... services or benefits that may be lost through a termination of the court's jurisdiction; and

c...... other federal, state, local, or community-based services or supports available to the child.

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 judicial review report filed by the department is: ..... not accepted and a continuance was requested ..... accepted by the court.

3. The child's transition plan is: ..... not approved and a continuance was requested .....approved by the court.

4. Other: ..........

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

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

7. This court shall retain jurisdiction until the final decision is rendered by the federal immigration authorities, or upon the immigrant child's 22nd birthday, whichever shall first occur.

8. This court shall retain jurisdiction until the child's 19th birthday for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided to the youth.

9. This court shall retain jurisdiction until the child's 21st birthday, or 22nd birthday if the child has a disability, unless the young adult chooses to leave foster care upon reaching 18 years of age, or if the young adult does not meet the eligibility requirements to remain in foster care or chooses to leave care at any time prior to the 21st birthday, or the 22nd birthday if the young adult has a disability.

10. 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 8.973C

Amended effective 7/1/2023; amended by 286 So. 3d 82, effective 11/27/2019; amended effective 2/1/2018.