Florida Rules of Juvenile Procedure
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8.420 Case Plan Amendments
(a) Modifications. After the case plan has been
developed, the tasks and services agreed upon in the
plan may not be changed or altered except as follows.
(1) The case plan may be amended at any time
to change the goal of the plan, employ the use of concurrent
planning, add or remove tasks the parent must
complete to substantially comply with the plan, provide
appropriate services for the child, and update the
child’s health, mental health, and education records.
(2) The case plan may be amended on approval
of the court if all parties are in agreement regarding
the amendments to the plan and the amended plan is
signed by all parties and submitted to the court with a
memorandum of explanation.
(3) The case plan may be amended by the court
or on motion of any party at any hearing to change the
goal of the plan, employ the use of concurrent planning,
or add or remove the tasks the parent must complete
in order to substantially comply with the plan,
if there is a preponderance of evidence demonstrating
the need for the amendment.
(4) The case plan may be amended by the court
or on motion of any party at any hearing to provide
appropriate services to the child if there is competent
evidence demonstrating the need for the amendment.
(5) The case plan is deemed amended as to the
child’s health, mental health, and education records
when the child’s updated health and education records
are filed by the department.
(b) Basis to Amend the Case Plan. The need to
amend the case plan may be based on information discovered
or circumstances arising after the approval of
the case plan for:
(1) a previously unaddressed condition that, without
services, may prevent the child from safely returning
to or remaining in the home;
(2) the child’s need for permanency;
(3) the failure of a party to substantially comply
with a task in the original case plan, including the ineffectiveness
of a previously offered service;
(4) an error or oversight in the case plan; or
(5) information discovered or circumstances arising
after the approval of the plan regarding the provision
of safe and proper care for the child.
(c) Service. A copy of the amended plan must be
immediately given to all parties.
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