Social Investigations in Florida Family Law: An Overview
Introduction
In Florida family law, when parents cannot agree on a parenting plan, the court may order a social investigation to assess pertinent details about the child and each parent. This process aims to provide the court with comprehensive information to determine arrangements that serve the child’s best interests. The procedures and guidelines for social investigations are outlined in Florida Statute §61.20 and Florida Family Law Rule of Procedure 12.364.codes.findlaw.com15thcircuit.com
Purpose of a Social Investigation
A social investigation is designed to assist the court in making informed decisions regarding a parenting plan when parents are unable to reach an agreement. The investigation delves into all relevant aspects concerning the child’s welfare and the capacities of each parent. The ultimate goal is to establish a parenting plan that promotes the child’s well-being and best interests.
Legal Framework
Florida Statute §61.20
Under Florida Statute §61.20, in any action where the parenting plan is contested due to parental disagreement, the court may order a social investigation and study. This investigation examines all pertinent details relating to the child and each parent. The statute specifies that the investigation and study should be conducted by qualified professionals, such as:leg.state.fl.us+5streetslaw.com+5m.flsenate.gov+5streetslaw.com+2m.flsenate.gov+2codes.findlaw.com+2
- Qualified staff of the court
- A child-placing agency licensed pursuant to Fla. Stat. § 409.175
- A psychologist licensed under chapter 490, Fla. Stat.
- A clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491, Fla. Stat.
The findings and recommendations from the investigation are compiled into a written report, which is furnished to the court and all parties involved. The court may consider the information contained in the study when making decisions about the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
Florida Family Law Rule of Procedure 12.364
Rule 12.364 provides detailed procedures for the appointment and conduct of social investigations:
- Appointment of Social Investigator: When issues concerning time-sharing, parental responsibility, or the parenting plan are in dispute, the court, on its own motion or that of any party, may appoint a social investigator. The parties may agree on a specific investigator, subject to court approval. If they cannot agree, the court will appoint an investigator.
- Order for Social Investigation: The court’s order will specify whether the investigation pertains to the initial establishment or modification of a parenting plan. The investigator is required to consider the child’s best interests based on all factors affecting the child’s welfare and the family’s circumstances, including statutory factors outlined in s. 61.13, Florida Statutes.
- Written Study with Recommendations: The investigator must prepare a written report containing recommendations regarding the parenting plan, supported by factual findings from the investigation.
Process of a Social Investigation
A social investigation typically involves several key steps:
- Interviews: The investigator conducts interviews with both parents, the child, and other relevant individuals, such as family members, teachers, or counselors.
- Home Visits: Observations of each parent’s living environment are conducted to assess suitability and stability.
- Review of Documents: The investigator examines pertinent records, including school reports, medical records, and any prior legal documents related to the family.
- Assessment of Parent-Child Interactions: Interactions between each parent and the child are observed to gain insight into the quality of their relationships.
The culmination of this process is a comprehensive report submitted to the court, providing recommendations on the parenting plan that aligns with the child’s best interests.
Financial Responsibility
According to Florida Statute §61.20, the costs associated with a social investigation are typically borne by the parents involved in the proceeding. The court determines each party’s responsibility and ability to pay for or contribute to these costs. However, if a parent obtains a certification of indigence, indicating financial inability to pay, and the court lacks qualified staff to perform the investigation, the court may request that the Department of Children and Families conduct the investigation at no cost to the indigent party.
Conclusion
Social investigations serve a crucial role in Florida family law by providing the court with a thorough and impartial assessment of factors affecting a child’s welfare. Guided by Florida Statute §61.20 and Florida Family Law Rule of Procedure 12.364, these investigations aim to establish parenting plans that uphold the child’s best interests, especially in cases where parents cannot reach an agreement.
