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FL · rules

Fla. R. Juv. P. 8.430

Modification of Permanency Order

activein force · 2026-01-01 – presentact-effective-date

(a) Best Interests of Child. The permanency placement is

intended to continue until the child reaches the age of majority and

may not be disturbed absent a finding by the court that the

circumstances of the permanency placement are no longer in the

best interest of the child.

(b) Request for Modification by a Parent.

(1) If, after a child is residing in the permanent

placement approved at the permanency hearing, a parent who has

not had his or her parental rights terminated makes a motion for

reunification or increased contact with the child, the court shall

first hold a hearing to determine whether the dependency case

should be reopened and whether there should be a modification of

the order. At the hearing, the parent must demonstrate that the

safety, well-being, and physical, mental, and emotional health of

the child is not endangered by the modification.

(2) The court shall base its decision concerning any

motion by a parent for reunification or increased contact with a

child on the effect of the decision on the safety, well-being, and

physical and emotional health of the child. Factors that must be

considered and addressed in the findings of fact of the order on the

motion must include:

(A) the compliance or noncompliance of the parent

with the case plan;

(B) the circumstances which caused the child’s

dependency and whether those circumstances have been resolved;

(C) the stability and length of the child’s

placement;

(D) the preference of the child, if the child is of

sufficient age and understanding to express a preference;

(E) the recommendation of the current custodian;

and

(F) the recommendation of the guardian ad litem,

if one has been appointed.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
7eb6138ba0ca71a6b7b9959ac94c273d74aa77e3aebfe17dd1f843cb3ef842a3
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Fla. R. Juv. P. 8.430 — Modification of Permanency Or… · binding.law