IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY FLORIDA, JUVENILE DIVISION

ADMINISTRATIVE ORDER NO. 6-16.0

IN RE: OUT OF COUNTY TRAVEL OF CHILDREN ADJUDICATED DEPENDENT PURSUANT TO CHAPTER 39, FLORIDA STATUTES.

WHEREAS there are many children in Polk County who have been adjudicated dependent pursuant to Chapter 39, Florida Statutes; and

WHEREAS these children may be in the temporary legal custody of, and residing with, other family members, non-relatives, or in Department of Children and Families (hereafter "DCF") foster homes; and

WHEREAS these children may be in the permanent legal custody of DCF as parental rights have been terminated; and

WHEREAS this Court recognizes the need for children to travel, from time to time, within the State of Florida, while in the custody of adults other than their parents; and

WHEREAS emergency weather conditions frequently occur within the State of Florida requiring travel out-of-county; and

WHEREAS it is necessary for the efficient administration of justice in this court; it is therefore

ORDERED:

1. Travel of Permanently Committed Children Within the State of Florida

Children who are permanently committed to DCF may travel within the State without further order of the court. However, if travel outside Polk County exceeds thirty (30) consecutive days, written permission from DCF is required.

2. Travel of Children in the Temporary Legal Custody of DCF, Family Members or Non-Relatives

Children who arc in the temporary legal custody of the DCF, other family members, or non-relatives may travel within the State without further order of the court provided the parent(s) do not object to the travel plans. Travel outside Polk County shall not be for greater than fifteen (15) consecutive days. The relative, non-relative, or foster parent with whom the child(ren) is traveling shall present to DCF a complete itinerary as soon as the travel plans arc known.

At all times, when their whereabouts are known, the parent(s) must be informed of and agree to the travel plans of their child(ren). If the parent agrees to the travel and the travel is less than fifteen (15) consecutive days, no court order is required. If the parent does not agree to the travel, a hearing shall be set by the Department of Children and Families with Motion for Travel and Notice of Hearing sent to all parties and appropriate participants. The court shall enter an order denying or granting the travel based upon the information provided at the hearing.

Any visitation missed by the family due to the travel plans shall be made up within the first thirty (30) days of the child(ren)’s return.

3. Travel During Emergency Conditions

Children who are in the legal custody of DCF, a relative or a non-relative may travel within the State without further court order of a juvenile judge when evacuation is necessary due to weather or other emergency conditions.

4. Individual Orders Forbidding Travel

Nothing in this administrative order shall supersede an individual order, entered by a court of competent jurisdiction, which forbids or limits travel by a child(ren).

5. Effective date

This administrative order shall be effective immediately.

DONE AND ORDERED in Chambers, at Bartow, Polk County, State of Florida, this l0th day of

September 2004.

Ronald A. Herring

Chief Judge