Fl. R. Juv. P. 8.535

As amended through November 4, 2024
Rule 8.535 - POSTDISPOSITION HEARINGS
(a) Initial Hearing. If the court terminates parental rights, a postdisposition hearing must be set within 30 days after the date of disposition. At the hearing, the department or licensed child-placing agency must provide to the court a plan for permanency for the child.
(b) Subsequent Hearings. Following the initial postdisposition hearing, the court must hold hearings every 6 months to review progress being made toward permanency for the child until the child is adopted or reaches the age of 18, whichever occurs first. Review hearings for alternative forms of permanent placement must be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates the parental rights to a child under chapter 39, Florida Statutes, must retain exclusive jurisdiction in all matters pertaining to the child's adoption under chapter 63, Florida Statutes. The petition for adoption must be filed in the division of the circuit court that entered the judgment terminating parental rights, unless a motion for change of venue is granted as provided by law.
(d) Review of the Department's Denial of an Application to Adopt a Child.
(1)Notice of Denial of Application to Adopt. If the department denies an application to adopt a child, the department must file written notification of the denial with the court and provide copies to all parties and the denied applicant within 10 business days after the department's decision.
(2)Motion to Review Denial of Application to Adopt. A denied applicant may file a motion to have the court review the department's denial within 30 business days after the issuance of the department's written notification of its decision to deny the application to adopt a child. The motion to review must allege that the department unreasonably denied the application to adopt and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.
(3)Standing. A denied applicant only has standing to file a motion to review the department's denial and to present evidence in support of such motion. Such standing is terminated upon the entry of the court's order. If the department selected a different applicant to adopt the child, the selected applicant may participate in the hearing as a participant pursuant to law and may be granted leave by the court to be heard without the need to file a motion to intervene.
(4)Hearing on Motion. The court must hold a hearing within 30 business days after the denied applicant files the motion to review. The court may only consider whether the department's denial of the application is consistent with its policies and if the department made such decision in an expeditious manner. The standard of review is whether the department's denial of the application is an abuse of discretion.
(5)Order. Within 15 business days after the conclusion of the hearing, the court must enter a written order denying the motion to review or finding that the department unreasonably denied the application to adopt and authorizing the denied applicant to file a petition to adopt the child under chapter 63 without the department's consent.

Fl. R. Juv. P. 8.535

Amended by SC24-1093, effective 9/12/2024; amended effective 7/1/2023; amended by 939 So.2d 74, effective 1/1/2007; amended by 894 So.2d 875, effective 1/27/2005; amended by 725 So.2d 296, effective 10/1/1998; added by 684 So.2d 756, effective 1/1/1997; added by 549 So.2d 663, effective 10/1/1989; added by 462 So.2d 399, effective 1/1/1985.