The Florida Senate

39.454  Initiation of termination of parental rights proceedings.--

(1)  If, in preparation for any judicial review hearing under this part, it is the opinion of the social service agency that the parents or legal guardian of the child have not complied with their responsibilities as specified in the written case plan although able to do so, the social service agency shall state its intent to initiate proceedings to terminate parental rights, unless the social service agency can demonstrate to the court that such a recommendation would not be in the child's best interests. If it is the intent of the department or licensed child-placing agency to initiate proceedings to terminate parental rights, the department or licensed child-placing agency shall file a petition for termination of parental rights no later than 3 months after the date of the previous judicial review hearing. If the petition cannot be filed within 3 months, the department or licensed child-placing agency shall provide a written report to the court outlining the reasons for delay, the progress made in the termination of parental rights process, and the anticipated date of completion of the process.

(2)  If, at the time of the 18-month judicial review hearing, a child is not returned to the physical custody of the natural parents, the social service agency shall initiate termination of parental rights proceedings under ¹part VI of this chapter within 30 days. Only if the court finds that the situation of the child is so extraordinary and that the best interests of the child will be met by such action at the time of the judicial review may the case plan be extended. If the court decides to extend the plan, the court shall enter detailed findings justifying the decision to extend, as well as the length of the extension. Failure to initiate termination of parental rights proceedings at the time of the 18-month judicial review or within 30 days after such review does not prohibit initiating termination of parental rights proceedings at any other time.

History.--s. 9, ch. 87-289; s. 28, ch. 94-164.

¹Note.--Redesignated as part IV to conform to the repeal or transfer of the provisions of former parts II and IV by ch. 97-238.