8.973 Order on Judicial Review for Child Age 17 or Older

ORDER ON JUDICIAL REVIEW FOR CHILD OVER AGE 17 AND NOTICE OF NEXT HEARING

THIS CAUSE came on to be heard on .....(date)..... for Judicial Review on the report filed by the Department of Children and Family Services in this cause under chapter 39, Florida Statutes.

The following persons appeared before the court:

..... .....(Name)....., Child
..... .....(Name)....., Attorney/Attorney ad Litem for the Child
..... .....(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: ....................

and the court having considered:

..... Judicial Review Social Study Report filed by the Department;
..... If the child has reached the age of 17, written verification that the child:
..... Has been provided with a current Medicaid card and has been provided all necessary information concerning the Medicaid program;
..... Has been provided with a certified copy of his or her birth certificate;
..... Has a valid Florida driver’s license or has been provided with a Florida identification card;
..... Has been provided information relating to Social Security Insurance benefits, if the child is believed to be eligible;
..... Has received a full accounting if there is a Master Trust for the child;
..... Has been provided with information and training related to budgeting, interviewing, and parenting skills;
..... Has been provided with information related to the Road-to-Independence Scholarship, including applications forms;
..... Has been informed that if he or she is eligible for the Road-to-Independence Scholarship program, he or she may reside with the licensed foster family or group care provider with whom the child was residing at the time of attaining his or her 18th birthday or may reside in another licensed foster home or with a group care provider arranged by the department;
..... Has an open bank account and has been provided with banking skills;
..... Has been provided with information on public assistance and how to apply;
..... Has been provided a clear understanding of where he or she will be living on his or her 18th birthday, how living expenses will be paid, and what educational program the child will be enrolled in;
..... Has been provided with notice of his or her right to petition for the court’s continuing jurisdiction for one year after his or her 18th birthday, and with information on how to obtain access to the court; and
..... Has been encouraged to attend all judicial review hearings occurring after his or her 17th birthday.
..... Statement/homestudy filed by the Department;
..... Report of the Guardian Ad Litem;
..... A case plan, dated .........., filed by the Department that includes information related to independent living services that have been provided since the child’s 13th birthday or since the date the child came into foster care, whichever came later;
..... Statement by the child’s caretaker;
..... Whether or not the child is a citizen and, if the child is not a citizen, the steps that have been taken to address the citizenship or residency status of the child;
..... Other: ....................

AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. That the minor child(ren) who is/are the subject matter of these proceedings was/were adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and is/are resident(s) of the state of Florida.

2. The following parties were notified of this hearing and provided a copy of the documents filed for this hearing:

..... .....(Name)....., Child
..... .....(Name)....., Attorney/Attorney ad Litem for the Child
..... .....(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: ....................

3. The child has been given the opportunity to address the court with any information relevant to the child’s best interests.
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.

COMMENT: Repeat above for each father.

6. The department filed a judicial review report with the court on .....(date)...... This judicial review report ..... is ..... is not in compliance with the statutory requirements.

7. 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 those notified)......

8. The mother has complied with the following tasks in the case plan: .....(list tasks complied with)......

9. The mother has not complied with the following tasks in the case plan: .....(list tasks not complied with)......

10. The father, .....(father’s name)....., has complied with the following tasks in the case plan: .....(list tasks complied with)......

11. The father, .....(father’s name)....., has not complied with the following tasks in the case plan: .....(list tasks not complied with)......

12. The mother ..... has ..... has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

13. The father, .....(father’s name)....., ..... has ..... has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

14. The department ..... has ..... has not complied with court ordered visitation as follows: .....(explanation of visitation compliance)......

15. The mother ..... has ..... has not complied with court ordered financial support for the child as follows: .....(explanation of financial compliance)......

16. The father, .....(father’s name)....., ..... has ..... has not complied with court ordered financial support for the child as follows: .....(explanation of financial compliance)......

17. The mother ..... has ..... has not complied with court ordered meetings with the department as follows: .....(explanation of meetings compliance)......

18. The father, .....(father’s name)....., ..... has ..... has not complied with court ordered meetings with the department as follows: .....(explanation of meetings compliance)......

19. The department ..... has ..... has not complied with court ordered meetings with the parents as follows: .....(explanation of meetings compliance)......

COMMENT: Use 20, 21, 22 & 23 if child(ren) is/are not placed in the home of a parent.

..... 20. It is in the best interest of the minor child(ren) to be placed in the care and custody of .....(placement ordered)......

..... 21. 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.

..... 22. Return of the minor child(ren) to the custody of .....(person(s) 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).

..... 23. Prevention or reunification services ..... were not ..... were indicated and are as follows: .....(services indicated)...... Further efforts could not have shortened separation of this family because ......... COMMENT: Use 24 if child(ren) remain(s) or is/are returned to the parent(s).

..... 24. 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: ..................... The safety, well-being, and physical, mental, and emotional health of the child(ren) are not endangered by allowing the child(ren) to ..... remain ..... return home.

….. 25. The child’s petition and application for special immigrant juvenile status or other immigration decision remains pending.

….. 26. The department ….. has ….. has not complied with its obligation as specified in the written case plan or in the provision of independent living services as required by Florida Statutes.

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 judicial review report filed by the department is:

..... not accepted and a continuance was requested.

..... accepted by the court.

3. Other: ...................

4. All prior orders not inconsistent with the present order shall remain in full force and effect.

5. This court shall retain jurisdiction over this cause to enter any such further orders as may be deemed necessary for the best interest and welfare of the minor child(ren).

..... 6. This court shall retain jurisdiction until the final decision is rendered by the federal immigration authorities, or upon the immigrant child’s 22nd birthday, whichever shall first occur.

..... 7. This court shall retain jurisdiction until the child’s 19th birthday for the purpose of determining whether appropriate aftercare support, Roadto- Independence Scholarship, transitional support, mental health, and developmental disability services have been provided to the youth.

8. 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.

In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Office of the Court Administrator no later than 7 days before the proceeding at .....(telephone number)......

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to: ..................................................