Dependency Benchbook

This benchbook is a compilation of promising and science-informed practices as well as a legal resource guide. It is a comprehensive tool for judges, providing information regarding legal and non-legal considerations in dependency cases.

Dependency Court Improvement Program grants from the United States Department of Health and Human Services, Administration for Children and Families, support this project.

Dependency Benchbook Unabridged

Click either the  Word or  PDF version of the complete benchbook as a single document. Updated 5-14-2020. 

Dependency Benchbook by Section

Sections of the benchbook are as follows:

1. Overview: What is the Benchbook? Why Use the Benchbook? How to Use the Benchbook

• Introduction: What, Why, How?
• Background and General Principles
• Dependency Flowchart Page 1
• Dependency Flowchart Page 2

2. Dependency Cases in the Context of Family Court

• Family Court Tool Kit: The Basics
  This tool kit provides an overview Florida’s family court. It includes: a timeline of significant family court events; a listing of case types that comprise Florida’s family court; guiding principles; descriptions of the ten core components; information about the one family/ one judge model and noted benefits of the model; filings trends; process maps for dependency, delinquency, dissolution of marriage, and domestic violence injunction cases; and links to additional resources. 
• Legal Issues Tool Kit
  This tool kit contains the more frequent, difficult, and interesting legal questions that may arise when coordinating multiple cases involving one family. It will help users meet the challenges of handling related cases by offering quick reference to statutes, rules, and precedents. Handling related cases in a coordinated manner can decrease delays in case processing, minimize the issuance of conflicting orders, decrease the number of post-judgment actions, minimize duplication in hearings, and improve judicial decision-making.
• Dependency Cases in the Context of Floridas Family Court
• Delinquency and Dependency Issues
• Delinquency Benchbook
• Domestic Violence and the Effects on Children
• Paternity in Dependency Cases
• Child Support in Dependency Cases
• For further information about specific child support issues, please see the Child Support Benchbook

3. Family-Centered Practice

• Children in Court
• Time Certain Calendaring and Orders
• Family Time (Visitation) Protocols 
• Engaging Fathers Considerations
• Placement Stability
• Concurrent Case Planning Model
• Co-parenting
• Out-of-County Services (OTI)
• Guardian ad Litem

4. Trauma and Child Development

• The Family Court Tool Kit: Trauma and Child Development
  contains compelling information, rooted in science, which aids in determining children's needs based on developmental milestones and the impact of trauma. The information and practices in this tool kit will improve judicial decision making and improve outcomes for children. The practices are in keeping with guiding principles from In re: Report of the Family Court Steering Committee, 794 So. 2d 518 (Fla. 2001). Federal regulations, state statutes, Florida Supreme Court opinions, and a judicial canon support these practices and authorize trauma screening and treatment.

5. Service and Treatment Considerations

For Children:

• Educational Considerations
  • Educational and Developmental Considerations for Children Ages Birth to 5
  • Questions for Judges to Ask; Proposed Findings for Judges to Make
  • Educational Considerations for School-Aged Children, General
• Education Surrogate
• Physical, Mental/Developmental, and Dental Health Considerations

For Parents:

• Substance Use, Mental Health, and Co-occurring Disorders

6. Child Safety Considerations

• The American Bar Association Child Safety: A Guide for Judges and Attorneys

7. Five Federal Laws and the National Compact

• Indian Child Welfare Act (ICWA)
• Adoption Assistance and Child Welfare Act
• Multiethnic Placement Act (MEPA)
• Adoption and Safe Families Act (ASFA)
• Fostering Connections to Success and Increasing Adoptions Act
• Interstate Compact on the Placement of Children (ICPC)

8. General Legal Issues

• Appeals
• Confidentiality
• Continuances
• Human Trafficking
• Immigrant Status
• Jurisdiction and Venue
• Master Trusts
• Mediation
• Parties, Participants, and Relatives Requesting Notice
• Service
• Attorneys for Dependent Children With Certain Special Needs

9. Dependency Hearing Benchcards

• Shelter Hearing
• Arraignment Hearing
• Adjudicatory Hearing
• Disposition Hearing
• Case Plan Approval
• Judicial Review
• Judicial Review & Youth Transitioning to Adulthood
• Permanency Hearing
• Residential Treatment
• Psychotropic Medication
• TPR Advisory Hearing
• TPR Adjudicatory Hearing
• Ineffective Assistance of Counsel Motion Hearing
• Marchman Act Hearing
• APPLA

10. Colloquies

• Dependency Consent Colloquy
• Manifest Best Interests Colloquy
• TPR Surrender Colloquy
• Adoption Hearing Colloquy

11. Front Pocket Materials

Acronyms PDF Word

Reunification plan PDF Word

Rules of Judicial Administration 2.560 PDF Word

United Spinal Association Disability Etiquette booklet PDF

Judicial Guide to Implementing the Fostering Connections to Success and Increasing Adoptions Act of 2008 PDF