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Is it required by law to let a parent have a case plan

before termination of parental rights...
Is it required by law to let a parent have a case plan before termination of parental rights in Florida?As in, doesn't Florida require a caseplan (with a goal of reunification) to be made available to the parent before termination of parental rights can be done?
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Answered in 58 minutes by:
1/18/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,916
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

There is case law on this matter; please see:

K.E. v. Department of Children and Families, 958 So. 2d 968, (Fla. 5th DCA 2007):

A parent who has substantially complied with a reunification case plan is entitled to reunification with the dependent child, absent a determination that reunification would be detrimental to the child. If a party or the court concludes that reunification with the offending parent would no longer be appropriate, the proper procedure is to hold an evidentiary hearing and amend the case plan.

Also please see the following statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0039/Sections/0039.6013.html

Also please see Rule 8.410(c), (d)

here:

http://www4.floridabar.org/TFB/TFBResources.nsf/Attachments/E2AD7DEF01F6F90685256B29004BFA7E/$FILE/Juvenile.pdf?OpenElement

specifically page 207;

so generally the goal is reunification unless an evidentiary hearing is held to determine that is not the best result in the particular situation.

I certainly hope this helps explain this confusing process;

as with any parental termination rights case, it is best to hire an attorney to help navigate through the system and to ensure that all procedural and substantive laws are complied with and fully presented to one's advantage.

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LegalGems
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Category: Family Law
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