Florida Statutes 39.8155 – Reinstatement of parental rights
Current as of: 2023 | Check for updates
|
Other versions
(1) After parental rights have been terminated in accordance with this part, the department, the parent whose rights were terminated, or the child may file a motion to reinstate the parent’s parental rights. The court may consider a motion to reinstate parental rights if:
(a) The grounds for termination of parental rights were based on s. 39.806(1)(a) or (e)1.-3.
Terms Used In Florida Statutes 39.8155
- abandonment: means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. See Florida Statutes 39.01
- abandonment of the child: means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. See Florida Statutes 39.01
- Abuse: means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. See Florida Statutes 39.01
- Allegation: something that someone says happened.
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Safety plan: means a plan created to control present or impending danger using the least intrusive means appropriate to protect a child when a parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so. See Florida Statutes 39.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The parent is not the verified perpetrator of sexual or physical abuse of the child.
(c) The parent has not been a perpetrator involved in any verified reports of abuse, neglect, or abandonment since his or her parental rights for the child were terminated.
(d) The parent has not had his or her parental rights terminated for any other child, under any grounds, in this state or any other jurisdiction, since his or her parental rights for the child were terminated.
(e) The child is at least 13 years of age.
(f) The child has not achieved permanency and is not in a preadoptive placement, and at least 36 months have passed since the termination of parental rights.
(2) The court shall dismiss a motion to reinstate parental rights if the criteria are not met in subsection (1).
(3) If a motion to reinstate parental rights is filed, the court shall consider all relevant evidence, including whether:
(a) The child possesses sufficient maturity to express a preference regarding the reinstatement of parental rights.
(b) The child is not in a preadoptive home or under permanent guardianship.
(c) The parent has a documented change in behavior such that, given the current age and maturity of the child, the circumstances that brought the child into care are remedied.
(d) The parent demonstrates sufficient protective capacities, given the child’s age, physical and behavioral health, and any other specific characteristics and needs, such that the risk of the child reentering care is low.
(e) Both the parent and child wish to reinstate parental rights.
(f) The child’s guardian ad litem recommends the reinstatement of parental rights.
(4) Upon finding that the criteria in subsection (3) are established by clear and convincing evidence, the court shall order the department to conduct supervised visitation and trial home visits between the child and former parent for at least 3 consecutive months after the completion of a home study. In issuing the order, the court shall consider the transition plan developed by the child’s multidisciplinary team. The department shall report to the court at least once every 30 days regarding the former parent’s interactions with the child and recommend whether the court should reinstate parental rights. The department shall immediately cease the visitation with the former parent if there is an allegation of abuse, neglect, or abandonment of the child by the parent; if the department determines that the child’s safety or well-being is threatened; or that such visitation is not in the child’s best interest. The department shall immediately notify the court if it ceases visitation between the child and former parent.
(5) The court may reinstate parental rights upon a finding of clear and convincing evidence that it is in the best interest of the child. Upon ordering reinstatement of parental rights, the court shall place the child in the custody of the former parent with an in-home safety plan. The court shall retain jurisdiction for at least 6 months, during which the department shall supervise the placement and report to the court on the stability of the placement. The court shall determine whether its jurisdiction should be continued or terminated 6 months after reinstating parental rights based on a report from the department or the child’s guardian ad litem and any other relevant factors.