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Change of Custody Case Plan Approval
Change of Custody Case Plan Approval
A Child(ren)
JUDICIAL REVIEW
REPORT AND RECOMMENDATIONS OF GENERAL MAGISTRATE
Change of Custody Case Plan Approval
THIS CAUSE came before the undersigned General Magistrate of the Circuit Court on
June 11, 2018 for JUDICIAL REVIEW of the report filed on May 23, 2018 by Department of
Children and Eamilies (hereafter DCE) or the contracted community based care provider (hereafter
CBC) in this cause pursuant to the hearing, notice and service requirements of Chapter 39, Elorida
Statutes.
The General Magistrate, having considered the Judicial Review Social Study Report filed by CBC
and having heard testimony and argument and being otherwise fully advised in the premises EINDS
that:
APPEARANCES
The unrepresented Mother was advised of her right to legal counsel and knowingly,
intelligently, and voluntarily waived her right to legal counsel;
Father#! Jordan Marcel Belliveau, Sr. appeared
Atty for Father#!: Edward Panzica appeared
The unrepresented Eather was advised of his right to legal counsel and knowingly,
intelligently, and voluntarily waived his right to legal counsel;
Custodian(s) of :
Custodian(s) of :
CBC REPRESENTATIVE: Luisey Constant appeared
Guardian Ad Litem: Sally Startzel failed to appear
Atty for GAL: Elyse McGuire appeared
Atty for Child(ren):
Other: Jessica Belliveau, paternal grandmother failed to appear
Child(ren): Jordan Belliveau, Jr. appeared
By Order dated November 1, 2016, the child(ren)’s presence is excused for future court
hearings
Notice: All persons entitled to notice of this hearing were properly noticed of the hearing and were
provided a copy of documents filed for this hearing.
^Notice was provided to the custodian(s) of the right to be present and an opportunity
to be heard concerning the matters raised at this hearing.
An Affidavit of diligent Search is filed with the Court on the following non-appearing
individuals:
CBC filed a judicial review report with the Court on or about May 23, 2018. This judicial review
report is in compliance with the statutory requirements.
The parents/legal custodians were notified of their right to participate in the preparation of the case
plan and to receive assistance from any other person in the preparation of the case plan.
Order on Shelter hearing was entered on November 1, 2016 and child(ren) was/were removed
from the parents. Reason(s) for removal/supervision: unsafe environment.
COMPLIANCE FINDINGS
The Mother, Charisse D. Stinson tasks to be completed in the case plan are set forth in the Social
Study Report and pursuant to that Report and Judicial Review hearing she is Cooperate w/CBC
Substantially Compliant/ Stable housing and income Substantially CompUant/
Provide support/basic needs N/A/ Sign releases Substantially CompUant/
Psycho-social eval/follow up PartiaUy Compliant/ Individual counseling
PartiaUy Compliant/ / / / II I I other:
The Mother is: PartiaUy CompUant The mother is working with the FITT program and
has been reunified.
Father#! Jordan Marcel Belliveau, Sr. tasks to be completed in the case plan are set forth in the
Social Study Report and pursuant to that Report and Judicial Review hearing he is
Cooperate w/CBC SubstantiaUy CompUant/ Stable housing and income
SubstantiaUy CompUant/ Provide support/basic needs PartiaUy Compliant/ Sign releases
SubstantiaUy CompUant/ Psycho-social eval/follow up PartiaUy CompUant/
Individual counseling PartiaUy Compliant/ / II II I ! other:
Father#! is: PartiaUy CompUant The mother is working with the FITT program.
VISITATION
The Mother is with Court ordered VISITATION. N/A has custody of the child(ren)
SIBLING VISITATION
[X] The Non Parent Custodian(s) is substantially compliant with the case plan.
Reasonable efforts have been made by the DCF/CBC to finalize permanency for the child(ren) as
documented by the efforts identified in the Judicial Review Social Study Report and its findings
made thereon.
Reasonable Efforts: The Department has made reasonable efforts to achieve and/or finalize the
permanency plan that is currently in effect. The Department has made the following specific efforts:
The case manager is providing assistance to the family, making referrals for services and
interventions, monitoring the parent’s compUance with Case Plan tasks, maintaining contact
with service providers, conducting at least monthly visit with parents and child(ren) and
submitting court paperwork in a timely manner.
The Department of Children and Families (hereafter DCF) or the contracted community based care
provider (hereafter CBC) will file an amended case plan in this cause pursuant to the requirements of
Section 39.6013, Florida Statutes (2009).
All parties are in agreement with the amendments to the plan; the amended plan is signed by all parties
OR DCF has documented the parent(s) unwillingness or inability to sign and is submitted to the court
with a memorandum of explanation.
The child’s need for permanency, taking into consideration the child’s age and developmental
needs;
does include service interventions that are the least intrusive into the life of the parent and child,
does provide the most efficient path to quick reunification or permanent placement given the
circumstances of the case and the child’s need for safe and proper care,
is in the best interest of the child(ren) named herein and is ACCEPTED and APPROVED upon filing.
PLACEMENT FINDINGS
to safely remain in the placement and care of: Parents Charisse D. Stinson and Jordan Marcel
Belliveau, Sr.
under the protective supervision of the Department. The Department shall have placement
and care responsibility while the child is under protective supervision in an out of home
placement.
^ In Home Placement: The reasons for the creation of the case plan have been remedied to the
extent that the child(ren)’s safety, well-being, and physical, mental, and emotional health will
not be endangered and the mother/father/parents must comply with the following:
adhere to case plan
The child(ren) was/were reunified with the mother on May 31, 2018.
The child(ren) was/were reunified with the father on June 11. 2018.
The pm'ent(s) have SUBSTANTIALLY COMPLIED with the case plan, and the
child(ren) can safely be RETURNED to
The compelling reason(s) presented at this hearing indicating that termination of parental rights
should not be sought at this time are the following: the parent(s) has
custody of the child(ren)
RECOMMENDATIONS OE MAGISTRATE
under the protective supervision of the Department. The Department shall have
placement and care responsibility while the child is under protective supervision in an
out of home placement
2. The Judicial Review Social Study Report filed by the CBC is:
accepted and approved by the Court.
4. The Court shall retain jurisdiction after over this cause for to enter any such
further orders that may be deemed necessary for the best interest and welfare of the minor
child(ren).
5. I__ |Xhe CASE PLAN shall be amended to set the target date for and to include a
(goal/concurrent goal): as listed below
6. CBC and GAL shall have the discretion to allow with the
a. CBC and GAL shall have the discretion to
b. CBC and GAL shall have the discretion to increase the frequency and duration of the
visits
*CBC shall notify all parties, no later than three days before exercising any discretion.'
7. The Guardian ad Litem shall be appointed by separate order and a written report
shall be filed by
8. Other:
This Hearing shall constitute the PERMANENCY REVIEW pursuant to the Adoption and Safe
Lamilies Act OL 1997 (42 U.S.C. 675(5)) and Section 39.621, Llorida Statutes.
The following goal(s) X is/are approved as being appropriate and in the best interest of the
child(ren) OR |__ | goal(s) should be changed (Identify the goal for each child):
All prior orders not inconsistent with the present order shall remain in full force and effect.
A hearing should be set before the Circuit Court Judge of the Juvenile Division to resolve the
following matters which arose at the Judicial Review hearing and remain unresolved:
All parties present have waived the 10-day exception period to the Magistrate’s Findings and
Recommendations as allowed in Fla.R.Juv.P. 8.257.
General Magistrate
NOTICE: The custodians of any child subject to the Jurisdiction of this Court are hereby directed to notify local
law enforcement and the Department of Children and Families immediately at any time that the child/children
is/are determined to be missing or that the child/children’s whereabouts are unknown.
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE
REPORT AND RECOMMENDATIONS IN ACCORDANCE WITH FLORIDA RULE OF JUVENILE
PROCEDURE 8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD
SUFFICIENT TO SUPPORT YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE REPORT AND
RECOMMENDATIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES
A TRANSCRIPT OF PROCEEDINGS, ELECTRONIC RECORDING OF PROCEEDINGS, OR STIPULATION
BY THE PARTIES OF THE EVIDENCE CONSIDERED BY THE GENERAL MAGISTRATE AT THE
PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED FOR THE
COURrS REVIEW.
A Child(ren)
THIS CAUSE came before the Court upon the Report and Recommendations of the
General Magistrate after a JUDICIAL REVIEW hearing on June 11, 2018.
The Court, after reviewing said Report and the record herein and being otherwise advised
in the premises, finds that this Court has jurisdiction over the parties and the subject matter of this
proceeding.
The Court further finds that the findings set forth in the Report and Recommendation of
the General Magistrate are sufficient to form the basis for the Order of this Court. The General
Magistrate’s findings are hereby confirmed and the relief recommended by the General Magistrate
is hereby adopted and ratified as an Order of this Court.
The Court orders that the General Magistrate is hereby authorized to conduct such further
examinations and hold such hearings as deemed necessary in this cause.
DONE AND ORDERED in Clearwater, Pinellas County, Florida on 07/16 / 18
Circuit Judge
cc:
Department of Children and Families GAL
Parents Attorneys for Parents
State Attorney’s Office Custodian
A Child(ren)
THIS CAUSE came before the Court upon the Report and Recommendation of the
General Magistrate after a JUDICIAL REVIEW hearing on June 11, 2018, upon the Parents' Motion
for Change of Custody. The Court being otherwise fully advised of the premises, the Court finds
as follows:
1. The General Magistrate, having considered the allegations of the motion and having heard
testimony and argument and being otherwise fully advised in the premises EINDS and
recommends that:
2. The parties do not object to the motion for change of custody.
3. It is in the best interest of the child(ren), that temporary custody be changed from Mother
Charisse D. Stinson to Parents Charisse D. Stinson and Jordan Marcel Belliveau, Sr. as of
June 11, 2018.
4. It is not detrimental to the health, safety or welfare of the child(ren) that the change of custody
occurs. The circumstances that caused the out-of-home placement have been remedied to the
extent that the return of the child to the parents ’ care with an in-home safety plan prepared and/or
approved by DCE will not be detrimental to the child’s safety, well-being, and physical, mental
and emotional health. Because conditions for return of the child to the parents’ home have been
met, DCE shall prepare and approve an in-home safety plan that will allow the child to return to
the home ofthe parents safely, pursuant to section 39.521(l)(f), Elorida Statutes.
5. The above named custodian(s) shall have the right to authorize for the child(ren) any emergency
medical treatment and any ordinary and necessary medical and dental examinations and
treatment, including blood testing, preventive care including ordinary immunizations, tuberculin
testing, and well-child care, but not including nonemergency surgery, general anesthesia,
provision of psychotropic medications, or other extraordinary procedures for which a separate
order or informed consent as provided by law is required.
6. The custodian(s) is/are not authorized to consent to the administration of psychotropic
medications.
7. The custodian(s) is/are authorized to secure copies ofthe child(ren)’s records held by third parties
that are necessary to the care of the child(ren), including, but not limited to:
a. Medical, dental and psychiatric records;
RECOMMENDATIONS OF MAGISTRATE
under the protective supervision of the Department. The Department shall have
placement and care responsibility while the child is under protective supervision in an
out of home placement.
All parties present have waived the 10-day exception period to the Magistrate’s Findings and
Recommendations as allowed in Fla.R.Juv.P. 8.257.
General Magistrate
NOTICE: The custodians of any child subject to thejurisdiction of this Court are hereby directed to notify local
law enforcement and the Department of Children and Families immediately at any time that the child/children
is/are determined to be missing or that the child/children’s whereabouts are unknown.
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE
REPORT AND RECOMMENDATIONS IN ACCORDANCE WITH FLORIDA RULE OF JUVENILE
PROCEDURE 8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD
SUFFICIENT TO SUPPORT YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE REPORT AND
RECOMMENDATIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES
A TRANSCRIPT OF PROCEEDINGS, ELECTRONIC RECORDING OF PROCEEDINGS, OR STIPULATION
BY THE PARTIES OF THE EVIDENCE CONSIDERED BY THE GENERAL MAGISTRATE AT THE
A Child(ren)
THIS CAUSE came before the Court upon the Report and Recommendations of the
General Magistrate after a Motion for Change of Custody hearing on June 11, 2018.
The Court, after reviewing said Report and the record herein and being otherwise advised
in the premises, finds that this Court has jurisdiction over the parties and the subject matter of this
proceeding.
The Court further finds that the findings set forth in the Report and Recommendation of
the General Magistrate are sufficient to form the basis for the Order of this Court. The General
Magistrate’s findings are hereby confirmed and the relief recommended by the General Magistrate
is hereby adopted and ratified as an Order of this Court.
The Court orders that the General Magistrate is hereby authorized to conduct such further
examinations and hold such hearings as deemed necessary in this cause.
DONE AND ORDERED in Clearwater, Pinellas County, Florida on q7 / ifi / ?niR ■
Circuit Judge
cc:
Department of Children and Families GAL
Parents Attorneys for Parents
State Attorney’s Office Custodian