Case Plan Amendment: Trial court departed from the essential requirements of law when it changed case plan goal from reunification to permanent guardianship without an adequate evidentiary basis

S.C.P. v. Department of Children and Families, 220 So.3d 1290 (2017)

Only a few months after accepting a reunification case plan, the court changed the goal of mother’s case plan from reunification to permanent guardianship, despite finding the mother in compliance with her case plan. Noting that the rules and statutes contemplate an evidentiary basis to support a case plan amendment, and that the case plan goal amendment here could prevent the mother from eventually reunifying with her children, the Third DCA granted the mother’s petition for writ of certiorari and quashed the order.

Practice Tip: The governing rules and statutes contemplate an evidentiary basis to support a case plan amendment.

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