The Legal System

A Guide to Family Court, Hearings, and Court Participation

Who’s Who?

It is important to understand the different people and organizations involved in supporting a child in foster care.

Case Worker

The child’s case worker will be at all court dates and provide status updates to Children’s legal service and to the judge. 

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Guardian ad Litem

Every child is assigned a guardian ad litem who provides legal representation for this child at all court hearings.  The role of the child advocate is to look out for the best interests of the child and to provide the court with information to best serve and protect the child.

Family Court

Each case must be reviewed in court at regular intervals to assess progress towards reunification and to set goals.  All official decisions are made by the court.  When reunification is not possible, the court is responsible for determining the next best place for the child to live, whether that’s with other family members, or with a new adoptive family.

Relative/non-Relative

Relatives or non-relatives are caregivers who care for a child who has been removed from their biological parent. Responsibilities include providing food and shelter, transportation, schooling, and healthcare. They are welcome to attend court hearings. 

Foster Family

Foster families are licensed to provide care for children when it is not safe for them to live in their own homes.  These families care for children on behalf of DCF and Embrace Families. Responsibilities include providing food and shelter, transportation, schooling, and healthcare. They are welcome to attend court hearings.

Types of Court Hearings

There are a number of regular hearings required for every family and child

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Shelter Hearing

Within 24 hours of placement

A shelter care hearing is held within 24 hours after a child is removed from their home in which the court determines whether there is sufficient evidence to warrant keeping the child in out-of-home care.

If so, the child then remains in “emergency care” with other family or with a foster family until the adjudicatory hearing.

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Adjudicatory Hearing

Within 60 days of shelter order

Within 60 days of the shelter order, an adjudicatory hearing is held where a judge collects all available information about a case to determine if a child should be formally placed in out-of-home care with other family or in foster care.  If so, goals are set for the family to reach before the child can be reunified.  The case is also transitioned from DCF to Embrace Families and a caseworker is assigned to the family and child.

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Judicial Review/Permanency Hearing

Within 6 months of shelter
Every 3-6 months while in care

In FL, a Judicial review is required every 3-6 months depending on the setting  to determine the progress of the case. More often, hearings tend to be held roughly every 3 months when possible. Any previous family goals are reviewed to see what progress has been made. Future goals for permanency can be set, which may include:

  • reunification with birth family
  • adoption by other family members
  • adoption by foster family or preadoptive family
  • legal guardianship by other family members

A 12 month permanency review is required. Often these will be delayed until the next judicial review. 

Foster parents are encouraged to attend court hearings. See court participation below.

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Termination of Parent Rights Hearing

Within 60 days of Permanency Hearing

The primary goal of foster care is always family reunification. If reunification has been deemed impossible by the court, then parental rights to guardianship may be terminated at a formal hearing which frees a child for adoption. The court may request a TPR hearing at any point when reunification is deemed no longer possible. A request for termination does not mean that rights will be terminated. 

After, the petition for termination is filed, an advisory hearing will be held after all parties are served. An advisory hearing will follow, then a pre-trial status conference, followed by a TPR adjudicatory hearing. At that point the petition will be granted or dismissed. If it is granted, the child is now legally free for adoption. 

 

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    Adoption Hearing

    After reunification has been ruled out

    If it has been determined that reunification is not possible, the next step is either an adoption hearing or a permanent guardianship hearing.  If the birth parents’ rights have been formally terminated at a termination of parent rights hearing, then the child may be adopted by other family members, the foster family, or another preadoptive family.  If the parents’ rights have not been terminated, but reunification is not possible, the child may be placed under permanent legal custody of a new permanent home.  In this case, the birth parent retains some rights, such as visitation.

    For more information, see the Child Welfare Information Gateway.

    Court Participation

    Foster parents are welcome and encouraged to participate in court hearings that involve their foster children

    Attending Court Hearings

    As a foster parent, you shold receive a letter notifying you ahead of time for any hearings. The letter should include the case number, hearing date, and court room location.

    Where Do I Go?

    All hearings for Orange county children are held at the Orange County Juvenile Division Court at 2000 E Michigan St, Orlando, FL 32806. The Osceola County Court House is located at 2 Courthouse Sq, Kissimmee, FL 34741. The Seminole County Courthouse is located at 301 N Park Ave, Sanford, FL 32771. 

    Your hearing notification letter should show the specific courtroom location where your child’s case will be held. Your case manager can also help you know where to go. 

    Questions About Court

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    Am I allowed to go to court with my child?

    Yes!  Foster parents are encouraged to attend their foster child’s hearings and can often be useful sources of information.  It is important to remember that you are not one of the parties in the case.  Instead, think of your role as more of a witness.

    Should I or can I have a lawyer represent me?

    No, foster parents cannot have a lawyer because they are not one of the named parties in the case.  The only people who are represented in court are the parent(s) and the child(ren). 

    What should I wear to court?

    Try to be as presentable as possible – it is a court after all.  Avoid things like denim, sweatpants, or hats.  Business casual is acceptable.

    Will I have to speak in court?

    Foster parents have the right to be heard in court. That means if the judge or a lawyer asks you questions, you have the right to speak. Answers you provide will be used to help guide decisions made by the judge.

    How can I express concerns about my child's birth parents to the court?

    In court, you are only permitted to speak if you are directly asked a question by the judge or if the judge permits a lawyer to ask you questions.

    However, foster parents are permitted to provide a report to the court with any concerns at least 1 week ahead of time. In the notification letter you receive prior to your child’s court date, there will be instructions for submitting a report as well as a template.

    It is important to note that any information you provide will be read out loud in court. If the birth parents are there, they will hear the contents of your report. Therefore, voice your concerns as tactfully as possible to avoid hurting your relationship with the birth parents.

    How can I express concerns about DCF or my foster care agency to the court?

    In court, you are only permitted to speak if you are directly asked a question by the judge or if the judge permits a lawyer to ask you questions.

    However, foster parents are permitted to provide a report to the court with any concerns at least 1 week ahead of time. In the notification letter you receive prior to your child’s court date, there will be instructions for submitting a report as well as a template.

    If you have specific concerns about DCF or your foster care agency, you should notify them ahead of time to allow them the opportunity to resolve the issue if possible. However, DCF and your foster care agency are not permitted to retaliate against you for any information you provide.

    It is important to note that any information you provide will be read out loud in court for the record.

    Will I be able to stay for the entire hearing?

    The judge has the right to ask you to leave the courtroom at any time during the hearing, depending on the sensitivity of the topics discussed. You may be asked to be present for some parts of the hearing and not for others.

    Attendance is at the sole discretion of the judge. However, keep in mind that foster parents are often a valuable information resource and your attendance is often appreciated. 

    Learn More About Foster Care

    The following guides can help get you up to speed on several important aspects of foster care in Orlando.

    Finances

    Learn about financial support available for foster parents.

    Healthcare

    Learn about healthcare topics such as doctors visits and insurance.

    The Legal System

    Learn about family court, hearings, and child custody.

    Caseworkers and Visits

    Learn about the different types of caseworkers, home visits, and parent visits.

    New Placements

    Learn about what to ask when receiving a new placement and the first week in care

    School and Daycare

    Learn more about education, school, and daycare.

    Adoption and Permanency

    Learn about foster care, adoption, and foster-to-adopt.

    Foster Care Policies

    Learn about policies like travel and babysitters