Fla. R. Juv. P. Form 8.967

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: