In re Amendments to the Fla. Rules of Juvenile Procedure, SC15–150.

Decision Date19 February 2015
Docket NumberNo. SC15–150.,SC15–150.
PartiesIn re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE.
CourtFlorida Supreme Court

Deborah Anne Schroth, Chair, Juvenile Court Rules Committee, Jacksonville, FL; John F. Harkness, Jr., Executive Director, and Ellen H. Sloyer, Bar Staff Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.

PER CURIAM.

The Florida Bar's Juvenile Court Rules Committee (Committee) has filed a “fast-track” out-of-cycle report proposing amendments to the Florida Rules of Juvenile Procedure intended to implement recent legislation. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction1 and adopt the amendments as proposed.

The Committee proposes amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency); 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained); 8.415 (Judicial Review of Dependency Cases); and existing forms 8.960 (Shelter Petition); 8.961 (Shelter Order); 8.970 (Order on Judicial Review); 8.973A (Order on Judicial Review for Child Age 17 or Older); 8.973B (Order on Judicial Review); 8.973C (Order on Judicial Review for Young Adults in Extended Foster Care). The Committee also proposes new rule 8.231 (Providing Counsel to Dependent Children With Special Needs). The majority of the proposals implement statutory changes,2 which became effective July 1, 2014.3

The Board of Governors of The Florida Bar unanimously approved the proposals. The Committee did not publish its proposals before filing them with the Court.

After considering the proposed amendments and reviewing the relevant legislation, we amend the Florida Rules of Juvenile Procedure as proposed by the Committee. The more significant amendments make the following changes to the rules.

New rule 8.231 (Providing Counsel to Dependent Children With Special Needs) provides the procedure for appointing counsel for a dependent child with certain special needs. See ch.2014–227, § 1, Laws of Fla. (creating section 39.01305, Fla. Stat.). Subdivision (a) (Duty of Court) of the rule provides the procedure the court must use for appointing an attorney to represent a dependent child with special needs. Subdivision (b) (Determination of Dependent Child of Special Needs) sets out the statutory requirements for determining a dependent child is a child of special needs. Subdivision (c) (Duties of Attorney) provides the duties of the appointed attorney. The amendments to rules 8.350 (Placement of Children into Residential Treatment Center After Adjudication of Dependency), and 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained) require the court to appoint an attorney for a dependent child subject to proceedings under those rules, in accordance with the procedures in new rule 8.231.

The amendments to subdivisions (a) (Shelter Petition) and (c) (Shelter Order) of rule 8.305 (Shelter Petition, Hearing, and Order), and forms 8.960 (Shelter Petition) and 8.961 (Shelter Order) are in response to statutory requirements concerning placing siblings together when sheltering them in out-of-home care unless it is not in the best interest of each child to be placed together, and providing sibling visitation when siblings cannot be placed together. See ch.2014–224, § 12, Laws of Fla. (amending §§ 39.402(8)(h), (9); Fla. Stat.).

The amendment to rule 8.310(a) (Dependency Petitions; Contents) adds information concerning safety planning offered to the child's parents or legal custodians to the list of things that must be described in a dependency petition. See ch.2014–224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla. Stat.).

The amendment to subdivision (b) (Scheduling Hearings) of rule 8.415 (Judicial Review of Dependency Cases) requires the order removing the disability of nonage of the child to remove disabilities of nonage “pursuant to sections 743.044, 743.045, 743.046, and 743.047, Florida Statutes, as well as any other disabilities of nonage that the court finds to be in the child's best interest to remove.” See chs.2014–166, § 1; 2014–224, § 17, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat ). The amendment to subdivision (f)(1) (Court Action) of rule 8.415 requires the court to “determine the frequency, kind, and duration of contacts among siblings who have been separated during placement, as well as any efforts undertaken to reunite separated siblings, if doing so is in the best interest of each child.” See ch.2014–224, § 17, Laws of Fla. (amending § 39.701(2)(c), Fla. Stat.). The form orders on judicial review are amended to conform to the amendment to subdivision (f)(1).

Accordingly, the Florida Rules of Juvenile Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.4

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN WITH SPECIAL NEEDS

(a) Duty of Court.

(1) The court shall appoint an attorney to represent any child who is determined to be a child of special needs and who is subject to any proceeding under chapter 39, Florida Statutes.

(A) The court must first request a recommendation from the Statewide Guardian Ad Litem Office for an attorney who is willing to represent a child without additional compensation. If such an attorney is available within 15 days after the court's request, the court must appoint that attorney.

(B) If no attorney is available to represent a child without compensation, the court must appoint a compensated attorney. A compensated attorney may be appointed within the 15–day period if the Statewide Guardian Ad Litem Office informs the court it will not be able to recommend an attorney within that time period.

(C) The appointment continues until the attorney is allowed to withdraw, is discharged by the court, or until the case is dismissed.

(D) The court order appointing an attorney must be in writing.

(b) Determination of Dependent Child of Special Needs.

(1) A dependent child of special needs is a child who:

(A) resides in a skilled nursing facility or is being considered for placement in a skilled nursing home;

(B) is prescribed psychotropic medication but declines assent to the psychotropic medication;

(C) has a diagnosis of a developmental disability as defined in section 393.063, Florida Statutes ;

(D) is being placed in a residential treatment center or being considered for placement in a residential treatment center; or

(E) is a victim of human trafficking as defined in section 787.06(2)(d), Florida Statutes.

(c) Duties of Attorney. The attorney shall provide the child the complete range of legal services, from the removal from the home or from the initial appointment through all available appellate proceedings. With permission of the court, the attorney may arrange for supplemental or separate counsel to represent the child in appellate proceedings.

RULE 8.305. SHELTER PETITION, HEARING, AND ORDER

(a) Shelter Petition. If a child has been or is to be removed from the home and maintained in an out-of-home placement for more than 24 hours, the person requesting placement shall file a written petition that shall:

(1)(6) [No Change]

(7) recommend where the child is to be placed or the agency to be responsible for placement; and

(8) if the children are currently not placed together, specify the reasonable efforts of the department to keep the siblings together after the removal from the home, why a foster home is not available to place the siblings, or why it is not in the best interest of the child that all the siblings be placed together in out-of-home care;

(9) specify ongoing visitation or interaction between the siblings or if sibling visitation or interaction is not recommended, specify why visitation or interaction would be contrary to the safety or well-being of the child; and

(10) be signed by the petitioner and, if represented by counsel, by the petitioner's attorney.

(b) [No Change]

(c) Shelter Order. An order granting shelter care must identify the parties present at the hearing and contain written findings that:

(1) placement in shelter care is necessary based on the criteria provided by law;

(2) placement in shelter care is in the best interest of the child;

(3) the department made reasonable efforts to keep the siblings together after the removal from the home and specifies if the children are currently not placed together, why a foster home is not available or why it is not in the best interest of the child that all the siblings be placed together in out-of-home care;

(4) specifies on-going visitation or interaction between the siblings or if sibling visitation or interaction is not recommended, specifies why visitation or interaction would be contrary to the safety or well-being of the child;

(5) continuation of the child in the home is contrary to the welfare of the child because the home situation presents a substantial and immediate danger to the child's physical, mental, or emotional health or safety that cannot be mitigated by the provision of preventive services;

(46) there is probable cause to believe the child is dependent;

(57) the department has made reasonable efforts to prevent or eliminate the need for removal of the child from the home, including a description of which specific services, if available, could prevent or eliminate the need for removal or continued removal from the home, the date by which the services are...

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