Florida Statutes 39.6241 – Another planned permanent living arrangement
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(1) If a court finds that reunification is not in the best interests of a child, the court may approve placement of the child in another planned permanent living arrangement if:
(a) The court finds a more permanent placement, such as adoption, permanent guardianship, or placement with a fit and willing relative, is not in the best interests of the child;
Terms Used In Florida Statutes 39.6241
- Adoption: means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law, and entitled to all the rights and privileges and subject to all the obligations of a child born to the adoptive parents in lawful wedlock. See Florida Statutes 39.01
- Adult: means any natural person other than a child. See Florida Statutes 39.01
- Caregiver: means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child's welfare as defined in subsection (57). See Florida Statutes 39.01
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Foster care: means care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof. See Florida Statutes 39.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding brought pursuant to this chapter. See Florida Statutes 39.01
- Guardian ad litem: means a person or an entity that is a fiduciary appointed by the court to represent a child in any civil, criminal, or administrative proceeding to which the child is a party, including, but not limited to, under this chapter, which uses a best interest standard for decisionmaking and advocacy. See Florida Statutes 39.01
- Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 39.01
- Permanency goal: means the living arrangement identified for the child to return to or identified as the permanent living arrangement of the child. See Florida Statutes 39.01
- Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. See Florida Statutes 39.01
(b) The department documents reasons why the placement will endure and how the proposed arrangement will be more stable and secure than ordinary foster care;
(c) The court finds that the health, safety, and well-being of the child will not be jeopardized by such an arrangement; and
(d) There are compelling reasons to show that placement in another planned permanent living arrangement is the most appropriate permanency goal. Compelling reasons for such placement may include, but are not limited to:
1. The case of a parent and child who have a significant bond but the parent is unable to care for the child because of an emotional or physical disability, and the child’s foster parents have committed to raising him or her to the age of majority and to facilitate visitation with the disabled parent;
2. The case of a child for whom an Indian tribe has identified another planned permanent living arrangement for the child; or
3. The case of a foster child who is 16 years of age or older who chooses to remain in foster care, and the child’s foster parents are willing to care for the child until the child reaches 18 years of age.
(2) The department and the guardian ad litem must provide the court with a recommended list and description of services needed by the child, such as independent living services and medical, dental, educational, or psychological referrals, and a recommended list and description of services needed by his or her caregiver. The guardian ad litem must also advise the court whether the child has been connected with a supportive adult and, if the child has been connected with a supportive adult, whether the child has entered into a formal agreement with the adult. If the child has entered into a formal agreement pursuant to s. 39.6036, the guardian ad litem must ensure that the agreement is documented in the child’s court file.
(3) The department shall continue to supervise the planned permanent living arrangement until the court orders otherwise. The court shall continue to review the placement at least once every 6 months.