Florida Laws on Maintaining Sibling Groups by Claire Salitsky: Pleadings and Practitioner Materials

• Florida Family Law Rules of Procedure
• Rule 12.000. Preface
• Rule 12.003. Coordination of Related Family Cases and Hearings [Effective April 1, 2014.]
• Rule 12.004. Judicial Access and Review of Related Family Files [Effective April 1, 2014.]
• Rule 12.006. Filing Copies of Orders in Related Family Cases [Effective April 1, 2014.]
• Rule 12.007. Access and Review of Related Family Files by Parties [Effective April 1, 2014.]
• Rule 12.005. Transition Rule
• Rule 12.010. Scope, Purpose, and Title
• Rule 12.015. Family Law Forms
• Rule 12.020. Applicability of Florida Rules of Civil Procedure
• Rule 12.025. Applicability of Rules of Judicial Administration
• Rule 12.030. Nonverification of Pleadings
• Rule 12.040. Attorneys
• Rule 12.050. When Action Commenced
• Rule 12.060. Transfers of Actions
• Rule 12.070. Process
• Rule 12.071. Constitutional Challenge to state statute or county or municipal charter, ordinance, or franchise; notice by party
• Rule 12.080. Service of Pleadings and Filing of Documents
• Rule 12.090. Time
• Rule 12.100. Pleadings and Motions
• Rule 12.105. Simplified Dissolution Procedure
• Rule 12.110. General Rules of Pleading
• Rule 12.120. Pleading Special Matters
• Rule 12.130. Documents Supporting Action or Defense
• Rule 12.140. Defenses
• Rule 12.150. Sham Pleadings
• Rule 12.160. Motions
• Rule 12.170. Counterclaims and Crossclaims
• Rule 12.180. Third-Party Practice
• Rule 12.190. Amended and Supplemental Pleadings
• Rule 12.200. Case Management and Pretrial Conferences
• Rule 12.201. Complex Litigation
• Rule 12.210. Parties
• Rule 12.230. Interventions
• Rule 12.240. Interpleader
• Rule 12.250. Misjoinder and Nonjoinder of Parties
• Rule 12.260. Survivor; Substitution of Parties
• Rule 12.270. Consolidation; Separate Trials
• Rule 12.271. Confidentiality of Related Family Hearings [Effective April 1, 2014.]
• Rule 12.280. General Provisions Governing Discovery
• Rule 12.281. Inadvertent disclosure of privileged materials
• Rule 12.285. Mandatory Disclosure
• Rule 12.287. Financial Affidavits in Enforcement and Contempt Proceedings
• Rule 12.290. Depositions Before Action or Pending Appeal
• Rule 12.300. Persons Before Whom Depositions May Be Taken
• Rule 12.310. Depositions Upon Oral Examination
• Rule 12.320. Depositions Upon Written Questions
• Rule 12.330. Use of Depositions in Court Proceedings
• Rule 12.340. Interrogatories to Parties
• Rule 12.350. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
• Rule 12.351. Production of Documents and Things Without Deposition
• Rule 12.360. Examination of Persons
• Rule 12.363. Evaluation of Minor Child
• Rule 12.365. Expert Witnesses
• Rule 12.370. Requests for Admission
• Rule 12.380. Failure to Make Discovery; Sanctions
• Rule 12.390. Depositions of Expert Witnesses
• Rule 12.400. Confidentiality of Records and Proceedings
• Rule 12.407. Testimony and Attendance of Minor Child
• Rule 12.410. Subpoena
• Rule 12.420. Dismissal of Actions
• Rule 12.430. Demand for Jury Trial; Waiver
• Rule 12.431. Trial Jury
• Rule 12.440. Setting Action for Trial
• Rule 12.442. Proposals for settlement
• Rule 12.450. Evidence
• Rule 12.460. Continuances
• Rule 12.470. Exceptions Unnecessary
• Rule 12.480. Motion for a Directed Verdict
• Rule 12.481. Verdicts
• Rule 12.490. General Magistrates
• Rule 12.491. Child Support Enforcement
• Rule 12.492. Special Magistrates
• Rule 12.500. Defaults and Final Judgments Thereon
• Rule 12.510. Summary Judgment
• Rule 12.520. View
• Rule 12.525. Motions for Costs and Attorneys' Fees
• Rule 12.530. Motions for New Trial and Rehearing; Amendments of Judgments
• Rule 12.540. Relief from Judgment, Decrees, or Orders
• Rule 12.550. Executions and Final Process
• Rule 12.560. Discovery in Aid of Execution
• Rule 12.570. Enforcement of Judgments
• Rule 12.580. Writ of Possession
• Rule 12.590. Process in Behalf of and Against Persons Not Parties
• Rule 12.600. Deposits in Court
• Rule 12.610. Injunctions for Protection Against Domestic, Repeat, Dating, and Sexual Violence, and Stalking
• Rule 12.611. Central Governmental Depository
• Rule 12.615. Civil Contempt in Support Matters
• Rule 12.620. Receivers
• Rule 12.625. Proceedings Against Surety on Judicial Bonds
• Rule 12.630. Extraordinary Remedies
• Rule 12.650. Override of Family Violence Indicator
• Rule 12.740. Family Mediation
• Rule 12.741. Mediation Rules
• Rule 12.742. Parenting Coordination
• Rule 12.750. Family Self-Help Programs
• Section II. Family Law Forms, Commentary, and Instructions

DEPENDENCY CASE MANAGEMENT FLOWCHART    9

PART I: SHELTER-DISPOSITION
BASICS FOR EVERY GUARDIAN AD LITEM PROGRAM ATTORNEY 11
CONFIDENTIALITY OF RECORDS AND OPEN HEARINGS 11
JURISDICTION AND VENUE IN DEPENDENCY PROCEEDINGS 12
DEFINING PARTIES AND PARTICIPANTS 14
PATERNITY AND DILIGENT SEARCH 15
CONTINUANCES 16
PRESENCE OF THE CHILD 17
APPOINTMENT OF THE GUARDIAN AD LITEM PROGRAM 18
DISCOVERY 18
SHELTER HEARINGS 20
REPORTING ABUSE, ABANDONMENT OR NEGLECT 20
REMOVAL OF CHILDREN 21
PRIOR TO THE SHELTER HEARING 23
SHELTER HEARING 23
FINDINGS REQUIRED – ORDER 24
IF PROBABLE CAUSE IS NOT ESTABLISHED 28
DEPENDENCY PETITION 29
CONTENTS OF DEPENDENCY PETITION 29
AMENDMENTS TO DEPENDENCY PETITION 29
DEFECTS AND VARIANCES IN THE FORM OF THE DEPENDENCY PETITION 30
VOLUNTARY DISMISSAL OF THE DEPENDENCY PETITON 30
ARRAIGNMENT AND SHELTER REVIEW 31
ADJUDICATION AND ADJUDICATORY HEARING 34
DISPOSITIONS 36
WHEN A DISPOSITION HEARING IS REQUIRED 36
THINGS TO CONSIDER PRIOR TO THE HEARING 36
TIME FRAMES FOR DISPOSITION 37
WHAT PAPERWORK SHOULD YOU EXPECT? 37
4
PRIMARY ISSUES AT THE DISPOSITION HEARING 39
THE ORDER OF THE COURT 41

PART II: CASE PLAN-PERMANENCY
CASE PLANS 43
DRAFTING EFFECTIVE CASE PLANS 44
CASE PLANS FOR YOUNG ADULTS 45
AMENDING CASE PLANS 46
CONCURRENT CASE PLANS 47
COMPLIANCE/NON-COMPLIANCE BY PARENTS 49
JUDICIAL REVIEWS 51
INTRODUCTION 51
JURISDICTION 51
TIMING 52
SIX-MONTH REVIEW 52
NOTICE 52
JUDICIAL REVIEW SOCIAL STUDY REPORT 53
CONTENTS 53
SPECIAL ADDITIONS TO THE SOCIAL STUDY REPORT 54
PRELIMINARY ISSUES 56
PERMANENCY HEARING 61
TIME FRAMES TO ACHIEVE PERMANENCY 61
REASONABLE EFFORTS FINDINGS 62
DETERMINING THE PERMANENCY PLAN 62
REUNIFICATION 63
ADOPTION § 39.621(2). 63
PERMANENT GUARDIANSHIP § 39.6221 63
PERMANENT PLACEMENT WITH A FIT AND WILLING RELATIVE § 39.6231 64
ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT (APPLA) § 39.6241 65
MODIFYING PERMANENCY ORDER 66
TERMINATION OF PARENTAL RIGHTS 67
ADVISORY HEARING 67
REVIEW THE PETITION 69
SINGLE PARENT TERMINATIONS § 39.811(6) 77
MANIFEST BEST INTEREST 77
5
LEAST RESTRICTIVE MEANS 80
MOST COMMON REVERSALS IN TPR 81
PROVING HARM 81

PART III: INDEPENDENT LIVING
INDEPENDENT LIVING PROGRAMS FOR FOSTER CHILDREN AND FORMER FOSTER CHILDREN 83
INTRODUCTION 83
CHILDREN AND YOUTH WITH DISABILITIES 84
SERVICES FOR FOSTER CHILDREN 84
SERVICES FOR OLDER FOSTER CHILDREN 86
SERVICES TO FORMER FOSTER CHILDREN 89

PART IV: TRIAL AND APPELLATE ADVOCACY
GUARDIAN AD LITEM APELLATE PRACTICE 95
INTRODUCTION 95
PURPOSE OF THE APPELLATE PRACTICE 95
SUCCESSFUL APPEALS BEGIN IN THE TRIAL COURT 95
STANDARDS OF REVIEW 96
PRESERVATION OF ERROR AND WAIVER 97
EXPEDITED REVIEW 98
APPELLATE JURISDICTION 98
APPEALS FROM FINAL ORDERS 100
APPEALS FROM NONFINAL ORDERS 101
ORIGINAL APPELLATE PROCEEDINGS 102
INVOKING APPELLATE JURISDICTION CORRECTLY 102
CONTENTS OF BRIEFS, PETITIONS, RESPONSES, AND REPLIES 102
RECORDS ON APPEAL AND APPENDICES 104
FILING REQUIREMENTS 105
ORAL ARGUMENT 105
COMPARISON BY TYPE OF ORDER APPEALED AND BY APPELLATE JURISDICTION 106
TRIAL ADVOCACY 108
PART V: FEDERAL LEGISLATION
THE ADOPTIONS AND SAFE FAMILIES ACT (ASFA) 112
WHERE CAN ASFA BE FOUND? 112
6
WHAT ASFA REQUIRES 112
REASONABLE EFFORTS TO PREVENT REMOVAL FINDINGS 113
CASE PLANS 113
WHAT ASFA ALLOWS 118
INDIAN CHILD WELFARE ACT (ICWA) 120
25 U.S.C. § 1901, ET SEQ. 120
WHO IS COVERED UNDER THE ICWA? 120
NOTICE 121
INTERVENTION 121
JURISDICTION 121
LEVEL OF EFFORTS 122
EXPERT WITNESSES AND STANDARDS OF EVIDENCE 122
CONSENT 123
PROCEDURAL REQUIREMENTS FOR SHELTER HEARINGS UNDER THE ICWA 124
PROCEDURAL REQUIREMENTS FOR ADJUDICATION HEARINGS UNDER THE ICWA 125
PROCEDURAL REQUIREMENTS FOR ADOPTIONS UNDER THE ICWA 126
PROCEDURAL REQUIREMENTS FOR DISPOSITION HEARINGS UNDER THE ICWA 126
PROCEDURAL REQUIREMENTS FOR JUDICIAL REVIEW HEARINGS UNDER THE ICWA 127
PROCEDURAL REQUIREMENTS FOR PERMANENCY HEARINGS UNDER THE ICWA 127
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) 129
LEGAL SIGNIFICANCE 129
APPLICATION OF THE ICPC 129
PROCEDURE 130
REGULATION NO. 7 132
REASONS FOR DELAY 133
REGULATION NO. 9 134
NON-CUSTODIAL PARENTS 134
CONCLUSION 135

PART VI: SPECIAL NEEDS
MENTAL HEALTH NEEDS OF DEPENDENT CHILDREN 136
ANXIETY DISORDERS 137
DEPRESSIVE DISORDERS 137
ATTENTION-DEFICIT HYPERACTIVITY DISORDER (ADHD) 138
EATING DISORDERS 138
PERVASIVE DEVELOPMENTAL DISORDERS (PDDS) 138
SCHIZOPHRENIA 138
7
ATTACHMENT DISORDERS 138
OBTAINING SERVICES FOR CHILDREN WITH MENTAL HEALTH NEEDS 139
THE CHILD’S MENTAL HEALTH RECORDS 139
RESIDENTIAL COMMITMENT 140
EDUCATIONAL ADVOCACY UNDER IDEA, 504 AND MCKINNEY-VENTO 143
MAJOR SOURCES OF EDUCATION RIGHTS: FEDERAL 143
MAJOR SOURCES OF EDUCATION RIGHTS: FLORIDA 143
INTRODUCTION 143
WHAT IS SPECIAL EDUCATION? 144
EVALUATIONS 145
WHO CAN SIGN AS A PARENT? 145
WHAT HAPPENS ONCE THE CHILD IS FOUND ELIGIBLE? 147
DISCIPLINE 148
WHAT CAN BE DONE IF CHILD’S NEEDS ARE NOT BEING MET? 150
DUE PROCESS HEARINGS 150
SECTION 504 PLANS 152
MCKINNEY-VENTO 152
MASTER TRUST ISSUES FOR CHILDREN AND YOUTH IN FOSTER CARE 154
INTRODUCTION 154
WHO ARE THE CHILDREN WITH MASTER TRUST ACCOUNTS? 154
DEPARTMENT’S DUTIES WITH RESPECT TO THE TRUST 156
HOW ARE THE FUNDS MANAGED AND SPENT? 158
BASIC MASTER TRUST ISSUE SPOTTING 161
DEVELOPMENTAL DISABILITES 162
WHAT IS A DEVELOPMENTAL DISABILITY? 162
THE RISKS OF DEVELOPING A DISABILITY 164
FINANCIAL ISSUES 165
THE AGENCY FOR PERSONS WITH DISABILITIES (APD) 166
PLACEMENT 166
ELIGIBILITY FOR APD SERVICES 166
DEVELOPMENTAL DISABILITY WAIVER PROGRAMS 168
WHAT IS THE WAIT LIST? 170
HEARING RIGHTS 170
INDEPENDENT LIVING 171
EDUCATIONAL ISSUES 172
2007 LEGISLATIVE OUTCOMES AND CHANGES 172
RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES § 393.13 173
8
KEEPING CHILDREN SAFE ACT & DYNAMICS OF SEXUAL ABUSE 174
INTENT OF KEEPING CHILDREN SAFE ACT 174
REBUTTABLE PRESUMPTION 174
ADDITIONAL REQUIREMENTS 175
CONDITIONS PLACED ON THE PARENT’S VISITATION 176
PROTECTION AGAINST INFLUENCING TESTIMONY 177
PROTECTION OF A CHILD’S THERAPY PROGRESS 177
GRANDPARENTS’ VISITATION 177
GUARDIAN AD LITEM PROGRAM 177
DYNAMICS OF CHILD SEXUAL ABUSE: AN OVERVIEW 178
THE RISK OF CONTACT 178
INAPPROPRIATE BEHAVIOR DURING VISITATION 179
EFFECTS OF CHILD SEXUAL ABUSE ON CHILD VICTIMS 179
ACCOMODATION SYNDROME 181
NON-OFFENDING PARENTS 183
THE GUARDIAN AD LITEM AT SUPERVISED VISITATION 185
PROTOCOL FOR VISIT OBSERVATIONS 186
SUPERVISED VISITATION RULES 186
CASE EXAMPLE 188

PART VII: INDEX AND ENDNOTES
PRACTICE MANUAL INDEX 190
DEPENDENCY MANUAL ENDNOTES 194