Rule 8.345 - POST-DISPOSITION RELIEF(a) Emergency Motion for Modification of Placement.(1) A child's case manager, an authorized agent of the department, or a law enforcement officer may, at any time, remove a child from a court-ordered placement and take the child into custody as provided by law.(2) If, at the time of the removal, the child was not placed in licensed care in the department's custody, the department must file a motion to modify placement within 1 business day after the child is taken into custody.(3) The court must set a hearing within 24 hours after the motion is filed unless all of the parties and the caregiver agree to the change of placement.(4) At the hearing, the court must determine if the department has established probable cause to support the immediate removal of the child from his or her current placement. The court may base its determination on a sworn petition or affidavit or on testimony and may hear all relevant and material evidence, including oral or written reports, to the extent of their probative value, even if such evidence would not be competent evidence at an adjudicatory hearing.(5) If the caregiver admits that a change of placement is needed or the department establishes probable cause to support removal of the child, the court must enter an order changing the placement of the child. The new placement for the child must meet the home study criteria in this chapter if the child is not placed in foster care. The court must then conduct a hearing pursuant to subdivision (b) unless such hearing is waived by all parties and the caregiver.(6) If the court finds that the department did not establish probable cause to support the removal of the child from his or her placement, the court must enter an order that the child be returned to such placement. An order by the court to return the child to his or her placement does not preclude a party from filing a subsequent motion pursuant to this rule.(b) Motion for Modification of Placement. At any time before a child is residing in the permanent placement approved at the permanency hearing, a child who has been placed in his or her own home, in the home of a relative, or in some other place, under the supervision or legal custody of the department, may be brought before the court by the department or any interested person on a motion for modification of placement. The court may enter an order making the change in placement without a hearing unless a party or the current caregiver objects to the change. If any party or the current caregiver objects to the change of placement, the court must conduct a hearing and thereafter enter an order changing the placement, modifying the conditions of placement, continuing placement as previously ordered, or placing the child with the department or a licensed child-caring agency.(1) In cases in which the issue before the court is whether a child should be reunited with a parent, and the child is currently placed with someone other than a parent, the court must review the conditions for return and determine whether the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health.(2) In cases in which the issue before the court is whether a child who is placed in the custody of a parent should be reunited with the other parent upon a finding that the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home of the other parent with an in-home safety plan prepared or approved by the department will not be detrimental to the child, the court must determine that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child.(c) Standard for Changing Custody.(1)Generally. The standard for changing custody of the child must be the best interests of the child as provided by law. When determining whether a change of legal custody or placement is in the best interests of the child, the court must consider the best interests factors provided by law, the report filed by the multidisciplinary team, if applicable, and the priority of placements as provided by law, or as otherwise provided by law.(2)Rebuttable presumption.(A) In a hearing on a change of physical custody when the child has been in the same safe and stable placement for 9 consecutive months or more, a rebuttable presumption that it is in the child's best interest to remain permanently in his or her current placement applies as required by law.(B) A caregiver who objects to the department's official position on the change in physical custody must notify the court and the department of his or her objection and the intent to request an evidentiary hearing in writing within 5 days after receiving notice of the department's official position.(C) Within 7 days after receiving written notice from the caregiver, the court must conduct an initial case status hearing, at which time the court must:(i) grant limited purpose party status to the current caregiver who is seeking permanent custody and has maintained physical custody of that child for at least 9 continuous months for the limited purpose of filing a motion for a hearing on the objection and presenting evidence under this rule;(ii) advise the caregiver of his or her right to retain counsel for purposes of the evidentiary hearing; and
(iii) appoint a court-selected neutral and independent licensed professional with expertise in the science and research of child-parent bonding.(D) The court must conduct the evidentiary hearing and provide a written order of its findings regarding the placement that is in the best interest of the child no later than 90 days after the date the caregiver provided written notice to the court. The court must provide its written order to the department, the caregiver, and the prospective caregiver.(3)Reunification.(A) In cases in which the issue before the court is whether a child should be reunited with a parent, and the child is currently placed with someone other than a parent, the court must review the conditions for return and determine whether the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health.(B) In cases in which the issue before the court is whether a child who is placed in the custody of a parent should be reunited with the other parent on a finding that the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home of the other parent with an in-home safety plan prepared or approved by the department will not be detrimental to the child, the court must determine that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child.(4)Removal from Home. In cases in which the issue before the court is whether to place a child in out-of-home care after the child was placed in the child's own home with an in-home safety plan or the child was reunified with a parent or caregiver with an in-home safety plan, the court must consider, at a minimum, the following factors in making its determination whether to place the child in out-of-home care:(A) the circumstances that caused the child's dependency and other subsequently identified issues;(B) the length of time the child has been placed in the home with an in-home safety plan;(C) the parent's or caregiver's current level of protective capacities; and(D) the level of increase, if any, in the parent's or caregiver's protective capacities since the child's placement in the home based on the length of time the child has been placed in the home.(d) Change of Permanency Goal. The court must additionally evaluate the child's permanency goal and change the permanency goal as needed if doing so would be in the best interests of the child. If the court changes the permanency goal, the case plan must be amended under law.(e) Motion for Termination of Supervision or Jurisdiction. Any party requesting termination of agency supervision or the jurisdiction of the court or both must do so by written motion or in a written report to the court. The court must hear all parties present and enter an order terminating supervision or terminating jurisdiction and supervision or continuing them as previously ordered. The court must not terminate jurisdiction unless the child is returned to the parent and has been in the placement for at least 6 months, the child is adopted, or the child attains the age of 18, unless the court has extended jurisdiction.Amended by SC24-1093, effective 9/12/2024; amended effective 7/1/2023; amended by 2022 WL 324871, effective 2/3/2022; amended 9/10/2020 by No. SC20-1153; amended March 11, 2021, by Order No. SC20-1153; Amended effective 2/1/2018; amended by 175 So.3d 263, effective 1/1/2016; amended by 123 So.3d 1128, effective 10/3/2013; amended by 115 So.3d 286, effective 7/1/2013; amended by 827 So.2d 219, effective 1/1/2003; amended by 783 So.2d 138, effective 1/1/2001; amended by 753 So.2d 1214, effective 7/1/1999; amended by 725 So.2d 296, effective 10/1/1998; amended by 589 So.2d 818, effective 7/1/1991; added by 549 So.2d 663, effective 10/1/1989.Committee Note
2022 Amendment. Multiple sections of this rule were amended in response to ch. 2021-169, Laws of Florida.