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2021 Florida Statutes (Including 2021B Session)

Title V JUDICIAL BRANCH
Chapter 39 PROCEEDINGS RELATING TO CHILDREN Entire Chapter
SECTION 6012
Case plan tasks; services.
F.S. 39.6012
39.6012 Case plan tasks; services.—
(1) The services to be provided to the parent and the tasks that must be completed are subject to the following:
(a) The services described in the case plan must be designed to improve the conditions in the home and aid in maintaining the child in the home, facilitate the child’s safe return to the home, ensure proper care of the child, or facilitate the child’s permanent placement. The services offered must be the least intrusive possible into the life of the parent and child, must focus on clearly defined objectives, and must provide the most efficient path to quick reunification or permanent placement given the circumstances of the case and the child’s need for safe and proper care.
(b) The case plan must describe each of the tasks with which the parent must comply and the services to be provided to the parent, specifically addressing the identified problem, including:
1. The type of services or treatment.
2. The date the department will provide each service or referral for the service if the service is being provided by the department or its agent.
3. The date by which the parent must complete each task.
4. The frequency of services or treatment provided. The frequency of the delivery of services or treatment provided shall be determined by the professionals providing the services or treatment on a case-by-case basis and adjusted according to their best professional judgment.
5. The location of the delivery of the services.
6. The staff of the department or service provider accountable for the services or treatment.
7. A description of the measurable objectives, including the timeframes specified for achieving the objectives of the case plan and addressing the identified problem.
8. Strategies to overcome barriers to case plan compliance and an explanation that the parent must notify the parties and the court within a reasonable time after discovering a barrier that the parties are not actively working to overcome such barrier.
(c) If there is evidence of harm as defined in s. 39.01(34)(g), the case plan must include as a required task for the parent whose actions caused the harm that the parent submit to a substance abuse disorder assessment or evaluation and participate and comply with treatment and services identified in the assessment or evaluation as being necessary.
(d) Parents must provide accurate contact information to the department or the contracted case management agency, and update as appropriate, and make proactive contact with the department or the contracted case management agency at least every 14 calendar days to provide information on the status of case plan task completion, barriers to completion, and plans toward reunification.
(2) The case plan must include all available information that is relevant to the child’s care including, at a minimum:
(a) A description of the identified needs of the child while in care.
(b) A description of the plan for ensuring that the child receives safe and proper care and that services are provided to the child in order to address the child’s needs. To the extent available and accessible, the following health, mental health, and education information and records of the child must be attached to the case plan and updated throughout the judicial review process:
1. The names and addresses of the child’s health, mental health, and educational providers;
2. The child’s grade level performance;
3. The child’s school record or, if the child is under the age of school entry, any records from a child care program, early education program, or preschool program;
4. Documentation of compliance or noncompliance with the attendance requirements under s. 39.604, if the child is enrolled in a child care program, early education program, or preschool program;
5. Assurances that the child’s placement takes into account proximity to the school in which the child is enrolled at the time of placement;
6. The child’s immunizations;
7. The child’s known medical history, including any known health problems;
8. The child’s medications, if any; and
9. Any other relevant health, mental health, and education information concerning the child.
(3) In addition to any other requirement, if the child is in an out-of-home placement, the case plan must include:
(a) A description of the type of placement in which the child is to be living.
(b) A description of the parent’s visitation rights and obligations and the plan for sibling visitation if the child has siblings and is separated from them.
(c) When appropriate, for a child who is 13 years of age or older, a written description of the programs and services that will help the child prepare for the transition from foster care to independent living.
(d) A discussion of the safety and the appropriateness of the child’s placement, which placement is intended to be safe, and the least restrictive and the most family-like setting available consistent with the best interest and special needs of the child and in as close proximity as possible to the child’s home.
History.—s. 16, ch. 2006-86; s. 16, ch. 2017-151; s. 6, ch. 2018-103; s. 5, ch. 2018-108; s. 8, ch. 2019-128; s. 7, ch. 2021-51.