Florida Statutes 39.6231 – Permanent placement with a fit and willing relative
Current as of: 2023 | Check for updates
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(1) If a court finds that reunification or adoption are not in the best interests of a child, the court may place the child with a fit and willing relative as a permanency option if:
(a) The child has been in the placement for at least the preceding 6 months;
Terms Used In Florida Statutes 39.6231
- 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
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Dependent: A person dependent for support upon another.
- Family: means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:(a) The persons reside in the same house or living unit; or(b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. 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
- Party: means the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child. See Florida Statutes 39.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- 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 relative has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence;(c) The relative is suitable and able to provide a safe and permanent home for the child; and(d) The relative agrees to give notice of any change in his or her residence or the residence of the child by filing a written document with the clerk of court.
(2) The department and the guardian ad litem shall provide the court with a recommended list and description of services needed by the child and the family in order to ensure the permanency of the placement.
(3) In its written order placing the child with a fit and willing relative, the court shall:
(a) List the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;
(b) State the reasons why permanent placement with a fit and willing relative is being established instead of adoption;
(c) Specify the frequency and nature of visitation or contact between the child and his or her parents;
(d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509;
(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and
(f) Require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.
(4) The court shall give the relative a separate order establishing his or her authority to care for the child and providing other information the court deems proper which can be provided to entities and individuals who are not parties to the proceeding as necessary, notwithstanding the confidentiality of s. 39.202.
(5) The department shall continue to supervise the placement with the relative until further court order. The court shall continue to review the placement at least once every 6 months.
(6) Each party to the proceeding must be advised by the department and the court that placement with a fit and willing relative does not preclude the possibility of the child returning to the custody of the parent.
(7) The court shall continue to conduct permanency hearings in order to reevaluate the possibility of adoption or permanent guardianship of the child.