What is a Parenting Plan?

Chapter 61 of the Florida Statutes that governs family matters requires the court to order a parenting plan in proceedings involving children.  A parenting plan is a document created to govern the relationship between the parties relating to decisions made regarding the minor child(ren), and it must contain a detailed time-sharing schedule for the parents and the child(ren).  The parenting plan may include issues concerning the child(ren) such as the child(ren)’s education, health care, social, physical, and emotional well-being.

What is a Social Investigation and a Parenting Plan Recommendation?

In the 12th Judicial Circuit, a social investigation and parenting plan recommendation is an investigative process conducted by a mental health professional.  The investigator is an impartial examiner that will assess each party, the child(ren), and any other necessary collateral sources in order to formulate an opinion as to how parents should share parental responsibility and recommend the best time-sharing arrangement for each parent and the child.  After the assessment, the investigator will provide the court with a social investigation report that includes facts regarding all parties and a parenting plan recommendation to assist the court in making decisions that are in the best interest of and consider the special needs of the child involved.

Who Performs Social Investigations and Parenting Plan Recommendations?

Social investigations under the 12th Judicial Circuit’s reduced fee program are performed by professionals licensed by the State of Florida and are assigned from a Circuit approved list.  They are qualified to provide the Family Court, the parties, and the parties’ attorneys with impartial and competent recommendations that focus on what is in the best interest of child(ren).  They are authorized to conduct social investigations and parenting plan recommendations pursuant to section 61.20 of the Florida Statutes. They have knowledge, training and experience with issues common in family law cases, and they practice in accordance with the highest nationally established standards of professional conduct.

What Is The Procedure?

The court may order a social investigation and parenting plan recommendation:

  • Upon the agreement of both parties;
  • Upon the request of either party;
  • Upon the court’s motion when the parents do not agree on parental responsibility or time-sharing arrangements.

If the court determines that the case and the parties meet the requirements to be eligible for a 12th Judicial Circuit reduced fee court appointed social investigation, the Family Division Case Manager will provide the parties with the name of the professional assigned to the case, as well as other pertinent information. Circuit court appointed social investigators provide services at a rate substantially reduced from private professionals. They are assigned to cases, in rotation, off of a list of 12th Judicial Circuit approved mental health professionals.  Parties may only stipulate to a certain social investigator if the court orders a private social investigator to the case.  All parties are required to cooperate fully with the court’s order and Circuit procedures.

What Can I Expect From the Social Investigation and Parenting Plan Recommendation?

The areas of assessment may include, but are not limited to any or all of the following:

Social Investigations:
  • Interviews with each child, parent, step-parent, or adult in a parenting role.
  • Contact with relevant professionals, such as teachers, doctors and employers.
  • Interviews with objective character references submitted by each parent.
  • Visits to the homes of each parent.
  • Background checks of relevant police and court records.
  • Completion of relevant surveys and questionnaires as requested by the social investigator.
  • Presentation of facts to the court offering professional opinions as to parental responsibility, and time-sharing arrangements that are in the best interest of the child(ren).
Parenting Plan Recommendations:
  • Requiring the parents to complete the assessment tool, Instructions and Assessments for Your Parenting Plan.
  • Establishing or modifying, and recommending to the court a written parenting plan that governs the parties’ relationship with respect to parental responsibility, decision making authority, and time-sharing between each parent and the child(ren).

The parenting plan provides detailed provisions concerning the child(ren) such as the child(ren)’s education, health care, social, physical, and emotional well-being.  The social investigators appointed under this program will use the 12th Judicial Circuit’s approved parenting plans when making parenting plan recommendations. The financial responsibilities of each parent with respect to the child(ren)’s activities will not be addressed by the social investigator in the parenting plan. These sections of the parenting plan will be considered and addressed by the court.

How Are Decisions Made?

The court has the responsibility and the final authority for all decisions. Any parenting plan agreed to by the parties or recommended by a professional must be approved by the court. 

What Are The Costs?

Court appointed social investigators provide standard, court-approved services to needy persons at the substantially reduced rate of $1,200.

Both parties will be expected to contribute to the costs of the social investigation as determined by the court and as specified in their court order. 

Additional court appearances, depositions or proceedings requested by the parties are subject to the mental health professionals’ standard fee schedule and shall be paid by the requesting party pursuant to an agreement between the professional and the party.

For an application and more information about the 12th Judicial Circuit’s Social Investigation and Parenting Plan Recommendation Reduced Fee Program, please visit the "Family Division Programs Page", or contact Monica Ausborn at (941) 749-3600 x 7098.

Procedure for Order for Social Investigation and Recommendations Regarding Parenting Plan,
Pursuant to Fla. Stat. 61.20

If the judge determines that a social investigation and parenting plan recommendation is necessary, the parties may either agree to jointly and privately contract with a private social investigator or request that the court appoint an social investigator who has been approved by the 12th Judicial Circuit (herein referred to as “circuit investigator”) to provide a social investigation and  parenting plan recommendation for a reduced fee. The court may also appoint a circuit investigator on its own motion.

If the parties use a circuit investigator, the judge will hear the evidence of each party’s ability to pay for or contribute to the costs of a social  investigation.

  1. The Order will set forth the cost of the social investigation and the portion to be paid by each party.
  2. The family division case manager will select circuit investigators on a rotating basis from a circuit-approved list of  investigators.
  3. The party/parties ordered to pay the cost of the social investigation must do so before the social investigation will begin.

If the parties privately contract for a social investigation, the investigator must be   a psychologist licensed pursuant to Chapter 490, Florida Statutes; or a clinical social worker, marriage and family therapist or mental health counselor licensed pursuant to Chapter 491, Florida Statutes. Proof of licensure and a current resume and/or curriculum vitae of the evaluator must be included with the final  report.

Payment for Social Investigations Conducted By Circuit  Investigators

In accordance with Florida Statute 61.20, parties will be assessed a fee for the cost of a social investigation. The charge for an investigation conducted by a circuit investigator is $1,200. It is within the court’s discretion to determine the responsibility and ability of each party to pay for or contribute to this  cost.

Unless the Order indicates otherwise, payment for the social investigation must be made directly to the circuit investigator within fifteen (15) business days of the parties receiving written notice of the circuit investigator assigned to the  case.

If payment is not made within fifteen (15) business days, the circuit investigator shall submit to the case manager a Request For Status Conference, indicating that one or both parties have not paid in order for the investigation to begin. 

Assignment & Completion of Social Investigations

There is no obligation on the part of the court or the case manager to assign cases to specific circuit investigators. Although generally assigned by rotation, the decision to use a particular circuit investigator rests with the court and the case manager. Neither the parties nor counsel may request a particular circuit investigator.

If the case has settled, the parties or their attorneys must give immediate written notice to the case manager before the case is assigned to a circuit investigator. If notice of settlement is received after the case is assigned to a circuit investigator, the social investigation will be completed as ordered until further order of the court.

Each social investigation and parenting plan recommendation must contain, but is not limited to, the following assessments/information:

  • Parties must complete the assessment tool “Instructions and Assessments for Your Parenting Plan;
  • Recommended parenting plans must be 12th  Judicial Circuit approved plans, the Basic Plan, the Long Distance Plan, the Safety Focused Plan, or the Highly Structured Plan;
  • The investigator must complete a local related cases public records  search;
  • The investigator must follow the social investigation report outline and format that are included in the 12th  Judicial Circuit training materials.

Each circuit investigator must submit the completed social investigation report  and a recommended 12th Judicial Circuit Parenting Plan attached to the Order for Social Investigation and Recommendations Regarding Parenting Plan to the case manager within seventy-five (75) days after the date of entry of the Order, and in no case later than thirty (30) days prior to the date set for trial, whichever should occur first.

The failure of a circuit investigator to meet deadlines will result in an imposition  of a probationary period resulting in no further assignments for a period of time to be determined by the Family Administrative Judge.

The case manager will file the original report in the court file within two (2) business days of receiving the report from the circuit investigator and will mail copies to the parties or counsel.

All privately contracted social investigators shall submit their social investigation reports and parenting plans, attached to the Order, to the court and file the original with the Clerk of Court. The privately contracted social investigator is responsible for distributing copies of his/her report to the parties or  counsel.

Requirements for Inclusion on the 12th  Judicial Circuit List

Mental health professionals must meet all licensure requirements and experience qualifications, as well as follow all application requirements, in order to be included on the 12th Judicial Circuit’s list for the Social Investigation and Parenting Plan Recommendation Program.

Upon the Expert Witness Review Committee’s approval of a professional to be included on the list, each applicant must be trained on the 12th Judicial Circuit’s policies and procedures. Contact the Family Court Manager for training materials and upcoming training opportunities.

Mental health professionals that are currently on the 12th Judicial Circuit list as a Custody Monitor or Custody Evaluator will not be required to re-apply for inclusion on the list for the Social Investigation and Parenting Plan Recommendation Program, as long as the professional meets the licensure, training, and experience criteria required for inclusion.

Professionals currently on the list must obtain training on the new parenting  statute and must be trained as to the 12th Judicial Circuit’s policies and procedures to accept appointments under the Social Investigation and Parenting Plan Recommendation Program. Current professionals must submit proof of   attendance of training on the new parenting statute and parenting plans prior to accepting their first appointment.

All professionals on the list must continuously update the Family Court Manager with their contact information.

  1. Licensed Mental Health Professional. The individual shall be licensed, with clear and active status.
  2. Individual must sign a release for criminal history and drivers license check or submit affidavit verifying that they have never:
    • Been convicted or had adjudication withheld on a charge of child abuse, child neglect, domestic violence, parental kidnapping or interference with custody;
    • Admitted to, or been found by a court in a child protection hearing to have, abused, neglected, or abandoned a child;
    • Consented to an adjudication or a withhold of adjudication of a petition for dependency; or
    • Been a respondent in a final order of protection against domestic violence.
  3. Domestic Violence Training – at least 4 CEUs within the last two  years
  4. Substance Abuse/Child Abuse Training – at least 4 CEUS within the last two years
  5. At least one year of experience working with high conflict families or  performance of six social investigations (formerly custody evaluations) during the past year
  6. Family Law Training – at least 4 CEUs relating to family law in the last two years VII          Individual must have specific training and knowledge in the following  areas:
    • Child Development
    • Family Systems
    • Effects of Divorce on Children and Families
    • Parenting Styles
  7. Individual must demonstrate knowledge of standards for providing forensic services in the area of child custody, i.e. AFCC Model Standards of Practice for Child Custody Evaluations; APA Guidelines for Child Custody Evaluations in Divorce Proceedings; APA Forensic Guidelines (Div. 41);  etc.
  8. Individual must demonstrate knowledge of and adherence to Ethical Guidelines and procedures governing profession.
  9. Individual must have supervised experience in the administration and use of objective data collection tools to assess children’s needs and parenting  capacities.
  10. Individual must demonstrate ability to present data collected during Social Investigation to the court in written format with specific recommendations as they relate to order of referral and relevant legal factors.
  11. Individual must be familiar with the 12th Judicial Circuit Parenting Plans, Assessment, and Administrative Order 2008 16.12.
  12. Individual must be trained on 12th Judicial Circuit standards and procedures for conducting Social Investigation and Parenting Plan  Recommendations.

Gathering Information

  1. A copy of all Orders for Social Investigation and Recommendation Regarding a Parenting Plan appointed under the Circuit’s reduced fee program will be sent to  the case manager. When a social investigator is appointed, the case manager must review the order and prepare an Information Sheet for the investigator. The case manager will also prepare a packet that includes information that the investigator may need to begin his/her  investigation.
  2. The data required to be included on the Information Sheet is as  follows:
    • Name, address and phone number of each  party;
    • Name, address and phone number of the attorney for each  party;
    • Names of children and their dates of  birth;
    • Language spoken by parties, if not  English;
    • Case number;
    • Date of trial;
    • Date final report is due to the case  manager.
  3. The case manager will provide the investigator with a copy of the Order for Social Investigation and Recommendation Regarding a Parenting  Plan.

Assigning Cases to Social  Investigators

  1. When an order for a social investigation is received, the case manager must stamp the copy of the order with the date  received.
  2. The case manager assigns the next investigator from the 12th Circuit Social Investigator List, unless it is determined by the court or case manager that a specific investigator should be assigned. Neither the parties nor their counsel may request a specific investigator from the list if the order appoints a circuit investigator under the reduced fee  program.
  3. The case manager shall confirm acceptance of assignment by the investigator and send introduction notification letters to all parties and their attorneys, if  any.
  4. Once an investigator is assigned, the case manager will provide an informational packet to the investigator containing information regarding the  parties.
  5. Seventy five (75) days after the date of the Order appointing a social investigator, the completed social investigation report is due and should be turned in to the  case manager.
  6. There may be extenuating circumstances that may prevent the timely completion of the investigator’s report. For relief, the investigator must take one of two courses of action prior to the expiration of the investigator’s  deadline:
    • The investigator may submit a Request for Status Conference to the case manager. The request shall state the reason for the delay and the amount of additional time needed to complete the report. The investigator must provide copies of the request to all parties or counsel. The case manager will prepare an Order Setting Status Conference, and submit the Request for Status Conference and Order to the judge for consideration. These requests and orders shall also be filed in the court  file.
    • The investigator may submit a Request for Extension of Time to the case manager. The request shall state the reason for the delay and amount of additional time needed to complete the report. The investigator must provide copies of the request to all parties or counsel. The case manager will prepare an Order Granting/Denying Extension of Time, and submit  the Request for Extension of Time and Order to the judge for consideration. These requests and orders shall also be filed in the court file.
  7. If the case manager does not receive the circuit investigator’s report prior to the expiration date, the case manager will contact the investigator to learn the reason for the delay. If an investigator is more than 10 days late on a report without an approved extension, the investigator may be found in contempt of court and  the court may impose sanctions.

Submitting Final Reports

  1. The circuit investigator will submit to the case manager his/her final report and proposed parenting plan attached to the Order for Social Investigation The case manager will file the original in the court file and mail copies to all parties or their counsel.
  2. Private investigators shall submit to the court his/her final report and proposed parenting attached to the Order for Private Social Investigation. The investigator is responsible for filing the original in the court file and mailing copies to all  parties or their counsel.

Maintaining Records

  1. The case manager shall keep a separate file for each assigned case. The file shall include:
    • A copy of the Order for Social  Investigation;
    • A copy of the Information Sheet;
    • A copy of the final report;
    • Copies of any letters/correspondence regarding this  case;
    • Documentation of any requests for an extension of time to pay  costs;
    • Documentation of any requests for an extension of time to turn in the final report;

Retain these records until the information contained therein is obsolete, superseded, or the administrative value is lost.

Keeping Statistics

  1. The case manager shall maintain statistics on each case assigned and on each circuit investigator. These statistics shall be submitted upon request by the case manager’s immediate supervisor.
  2. The statistics shall include, but are not limited  to:
    • Number of cases referred for social investigations each month and  YTD;
    • Number of cases assigned to specific circuit  investigators;
    • Number of cases assigned to private investigators, if  known;
    • Number of cases each circuit investigator has; assignment date and final report date; reasons a report was delayed or  incomplete;
    • Origin of the cases referred (judge, general master, mediation, stipulation);
    • Number of cases involving non-English-speaking parties, and the language of the parties.
  3. The case manager shall also track each assigned case, including, but not limited to:
    • Date each case was referred for a social  investigation;
    • Date the case was assigned to a circuit  investigator;
    • Due date for each final report;
    • Date the final report was returned completed and filed with the  court.