Amendments to Rules of Juv. Procedure-Forms
| Decision Date | 06 July 2006 |
| Docket Number | No. SC05-950.,SC05-950. |
| Parties | In re AMENDMENTS TO THE RULES OF JUVENILE PROCEDURE-FORMS FOR USE WITH RULES OF JUVENILE PROCEDURE; AND THE FLORIDA RULES OF APPELLATE PROCEDURE-JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY. |
| Court | Florida Supreme Court |
Mary Katherine Wimsett, Chair, Juvenile Court Rules Committee, Orlando, FL, Alan Abramowitz, Past-Chair, Juvenile Court Rules Committee, Daytona Beach, Florida, Edward Maurice Mullins, Chair, Appellate Court Rules Committee, Miami, FL, Jack Roy Reiter, Past-Chair, Appellate Court Rules Committee, Miami, Florida, and John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, FL, for Petitioners.
The Honorable David A. Demers, Chief Judge, and B. Elaine New, Court Counsel, Sixth Judicial Circuit, St. Petersburg, FL, for Proponent.
Galen Sherwin, Center for Reproductive Rights, Eve C. Gartner, Planned Parenthood Federation of America, Inc., New York, NY, Janet Crepps, Center for Reproductive Rights, Simpsonville, South Carolina, and Richard Johnson, Tallahassee, FL, and The Honorable Scott M. Bernstein, Judge, Eleventh Judicial Circuit, Miami, FL, for Opponents.
On June 30, 2005, in response to the enactment of the Parental Notice of Abortion Act, the Court adopted several new Florida Rules of Juvenile Procedure, accompanying forms, and an amendment to
Florida Rule of Appellate Procedure 9.110. See In re Amendments to Fla. Rules Juv. Pro., 907 So.2d 1161 (Fla.2005). These rules and forms govern proceedings through which a minor may seek a judicial waiver of the notice requirements set forth in the Parental Notice of Abortion Act. Because the rules and forms were adopted on an emergency basis without the benefit of the general rulemaking process, the Court requested that interested parties file comments with the Court within sixty days of the date of the opinion. After considering the comments filed and hearing oral argument, we adopt the following amendments to rules 8.805 (Commencement of Proceedings), 8.820 (Hearing), and 9.110(n) (). We also amend forms 8.987 (Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy) and 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). Finally, we adopt new forms 8.992 (Clerk's Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes), and 9.900(f) ().
Rule 8.805 is amended in two ways. First, subdivision (a) is amended to delete the statement requiring that petitions for judicial waiver be filed in "any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes." The statutory provision speaks for itself and there is no need to include a venue provision in the procedural rule. Second, subdivision (b)(1) is amended to require that when a petition is filed, the clerk must open a new file and assign a new case number. The Juvenile Court Rules Committee recommended this change to prevent the petition from being combined with an existing delinquency, dependency, or other child case to which a parent or others might have access.1 The Committee also concluded that this change would ensure that in the case of an appeal, the only material in the court file will be that related to the waiver of parental notification case.
Three amendments have been made to rule 8.820. First, subdivision (d)(1) is amended to clarify that rules 8.180 and 8.240, which govern computation of time periods in delinquency and dependency cases, respectively, do not apply to the 48-hour time period for disposition of judicial waiver petitions, and that the time period does not exclude weekends or holidays. Second, subdivision (d)(3) is amended to require that where no ruling on the petition has been made within the 48-hour period, the clerk of the circuit court shall issue a certificate stating that the notice requirement is waived pursuant to section 390.01114(4)(b), Florida Statutes (2005). In conjunction with this change, we also adopt new form 8.992 (Clerk's Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes). Third, subdivision (e) of rule 8.820, which specifies that hearings on petitions for judicial waiver of parental notification shall be closed to the public, is amended to permit the minor to request that persons other than herself or her attorney be permitted to attend the hearing.
One minor amendment is made to form 8.987 (Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). Currently, this form allows the petitioner to check, as a reason that she is seeking to terminate her pregnancy without notice, that she "is a victim of child abuse or sexual abuse by one or both of her parents or a guardian, for the following reason(s)" and then provides three blank lines. This appears to require the minor to list the "reasons" that she has been abused—a result that is clearly not what was intended. Accordingly, the form has been amended to delete the words "for the following reasons" and the blank lines.
Rule 9.110(n), governing appeals of orders dismissing petitions for judicial waiver, is amended in three ways. First, it is amended to clarify that it is the clerk of the lower tribunal who shall prepare and transmit the record on appeal. Second, it is amended to permit the petitioner to request leave to file a brief or to request oral argument in the district court. Third, it is amended to clarify that the district court has the authority to reverse the dismissal of the petition, rather than to grant the petition.
We also adopt new form 9.900(f) ().2 This new form is adapted specifically for an appeal in a judicial waiver case. Additionally, the Advisory Notice to the Minor attachment notifies the minor (1) that she is entitled to appeal the order dismissing her petition; (2) that she does not have to pay a filing fee; (3) that a form notice of appeal will be provided to her with the order dismissing her petition; (4) that if she needs assistance in filling out the notice of appeal, the clerk of the circuit court will help her; (5) that she must file the notice of appeal in the circuit court within 30 days of the order dismissing her petition; (6) that the only document she needs to file is the notice of appeal, but that she may request permission from the district court to file a brief and have oral argument; and (7) that she may request appointment of counsel on appeal. The notice also tells the minor the name and address of the appellate court that will hear her appeal.
Accordingly, we amend the Florida Rules of Juvenile Procedure and the Florida Rules of Appellate Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. Forms 8.987, 8.991, 8.992, and 9.900(f) are adopted as reflected in the appendix to this opinion, fully engrossed and effective for immediate use. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately upon release of this opinion. This opinion and the forms discussed herein may be accessed and downloaded from the Florida State Courts website at www.flcourts.org.
It is so ordered.
APPENDIX
8.805. Commencement of Proceedings
(a) Petition to Be Filed. Proceedings for a judicial waiver of parental notice of termination of pregnancy shall be commenced by the filing of a petition in any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes.
(b) Pseudonymous Petitions. Petitions filed under a pseudonym or initials shall be filed simultaneously with a sworn statement containing the minor's true name, date of birth, address and the case number. A certified copy of this Sworn Statement of True Name and Pseudonym shall be given to the minor at the time it is filed. The original sworn statement shall be kept under seal at all times and may only be opened at the minor's request or by court order.
(c) Notice Under Pseudonymous Petitions. So that the minor may receive notice in a safe and secure manner, the minor shall elect to receive notice through the address and phone number of a trusted third person or by personally contacting the clerk's office. If the minor elects to personally contact the clerk's office, she must still provide an address and phone number of a third person through which to receive notice in the event that the court needs to provide notice at a time other than when the minor personally contacts the clerk's office.
(d) Procedures Upon Filing Petition. Upon the filing of a petition, the clerk of the circuit court shall immediately:
(1) open a new file and assign a new case number;
(2) provide the minor with a certified copy of Form 8.988 Sworn Statement of True Name and Pseudonym;
(3) provide the minor with Form 8.989 Advisory Notice to Minor;
(4) present the petition to the court for scheduling of the hearing and appointment of counsel, if requested; and
(5) provide notice of the hearing to the minor. If it is not possible for the clerk to immediately provide notice at the time the minor files the petition, the clerk shall provide notice through the method elected by the minor in the petition.
(e) Fees and Costs. No filing fees or court costs shall be assessed against any pregnant minor who...
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In re Doe 07-B
...Section 390.01114(4)(a) is not a jurisdictional statute, but is rather a venue provision. See In re Amendments to the Rules of Juvenile Procedure, 934 So.2d 438, 438 (Fla.2006) (amending rule 8.805 to "delete the statement requiring that petitions for judicial waiver be filed in any circuit......
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In re Doe
...of procedure designed to protect the confidentiality of the proceedings. See In re Amendments to the Rules of Juvenile Procedure—Forms for Use with Rules of Juvenile Procedure, 934 So.2d 438, 441 (Fla. 2006); Fla. R. Juv. P. 8.805(b) (2006) (allowing petitions to be filed under pseudonym or......