In Re: Amendments to Florida Rules of Juvenile Procedure 8.013 and 8.350

Supreme Court of Florida
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No. SC22-1674
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IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE 8.013 AND 8.350.

January 5, 2023

PER CURIAM.

The Juvenile Court Rules Committee (Committee) has filed a

fast-track report proposing amendments to Florida Rules of

Juvenile Procedure 8.013 (Detention Petition and Order) and 8.350

(Placement of Child into Residential Treatment Center After

Adjudication of Dependency). 1 The proposed amendments are in

response to newly enacted legislation. See chs. 2022-55, 2022-181,

Laws of Fla. The Board of Governors of The Florida Bar approved

the proposed amendments to rule 8.013 by a vote of 32-10, and it

unanimously approved the proposed amendments to rule 8.350.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
The Committee did not publish the proposals for comment before

filing them with the Court.

Having considered the Committee’s report and the relevant

legislation, we hereby amend rules 8.013 and 8.350 as proposed by

the Committee, except for the addition of proposed rule 8.013(c)(3),

which is severed from this case and will be considered separately in

In re Amendments to Florida Rule of Juvenile Procedure 8.013, No.

SC23-1.

Rule 8.013 is amended to include new subdivisions (b)

(Additional Requirements for Supervised Release Detention) and (c)

(Additional Requirements for Secure Detention). New subdivision

(b) requires that all motions to extend supervised release detention

be in writing, and that if a child is placed on supervised release

detention prior to an adjudicatory hearing, a court must conduct a

hearing within 15 days of the 60th day of detention. New

subdivision (c): (1) requires that a motion to extend a child’s secure

detention be in writing and heard by a court before expiration of the

current period of detention; (2) permits a court to order the

continued detention of a child upon written findings if the child

meets the criteria for continued detention; and (3) directs a court to

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order that an adjudicatory hearing commence as soon as

reasonably possible.

Next, the title of rule 8.350 is amended to read “Placement of

Child into Residential Treatment Program,” and references

throughout the rule to “residential treatment center,” “residential

treatment center or hospital,” and “residential mental health

treatment facility” are replaced with “residential treatment

program.” Subdivision (a)(3) of the rule is amended to require the

Department of Children and Families to provide a copy of the

qualified evaluator’s assessment of a child’s suitability for

placement in a residential treatment program to the court and all

parties within five days of its receipt.

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

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adoption, interested persons shall have 75 days from the date of

this opinion in which to file comments with the Court. 2

It is so ordered.

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL, and
GROSSHANS, JJ., concur.
FRANCIS, J., did not participate.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

2. All comments must be filed with the Court on or before
March 21, 2023, with a certificate of service verifying that a copy
has been served on the Committee Chair, Stephanie C.
Zimmerman, DCF Children’s Legal Services, 1301 6th Avenue West,
Suite 101, Bradenton, Florida 34205,
stephanie.zimmerman@myflfamilies.com, and on the Bar Staff
Liaison to the Committee, Michael Hodges, 651 E. Jefferson Street,
Tallahassee, Florida 32399-2300, mhodges@floridabar.org, as well
as a separate request for oral argument if the person filing the
comment wishes to participate in oral argument, which may be
scheduled in this case. The Committee Chair has until April 11,
2023, to file a response to any comments filed with the Court. If
filed by an attorney in good standing with The Florida Bar, the
comment must be electronically filed via the Florida Courts E-Filing
Portal (Portal) in accordance with In re Electronic Filing in the
Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla.
Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a
nonlawyer or a lawyer not licensed to practice in Florida, the
comment may be, but is not required to be, filed via the Portal. Any
person unable to submit a comment electronically must mail or
hand-deliver the originally signed comment to the Florida Supreme
Court, Office of the Clerk, 500 South Duval Street, Tallahassee,
Florida 32399-1927.

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Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee,
Bradenton, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, Elizabeth Clark Tarbert and
Michael Hodges, Staff Liaisons, The Florida Bar, Tallahassee,
Florida,

for Petitioner

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Appendix

RULE 8.013. DETENTION PETITION AND ORDER

(a) Time Limitation. No child taken into custody shall be
detained, as a result of the incident for which taken into custody,
longer than as provided by law unless a detention order so directing
is made by the court following a detention hearing.

(b) Additional Requirements for Supervised Release
Detention.

(1) All motions to extend detention as provided by law must be
in writing and filed with the court.

(2) For a child who is placed on supervised release detention
care prior to an adjudicatory hearing the court must conduct a
hearing within 15 days after the 60th day. Upon written findings as
provided by law, the court may order the child to continue on
supervised release detention until the adjudicatory hearing is
completed.

(c) Additional Requirements for Secure Detention.

(1) All motions to extend detention as provided by law must be
in writing and filed with the court.

(2) A written motion to extend secure detention must be heard
before the expiration of the current period to determine the need for
continued secure detention care. If the child meets the criteria for
continued secure detention as provided by law, the court may order
the child to continue secure detention upon the required written
findings. The court must order that the adjudicatory hearing
commence as soon as reasonably possible.

(bd) Petition. The detention petition shall:

(1)-(4) [No change]

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(5) recommend the place where the child is to be
detained or the agency to be responsible for the detention; and

(6) be signed by an authorized agent of the Department
of Juvenile Justice or by the state attorney or assistant state
attorney; and

(7) state the conditions, if any, being requested that are
necessary to preserve public safety or to ensure the child’s safety or
appearance in court.

(ce) Order. The detention order shall:

(1)-(9) [No change]

RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL
TREATMENT CENTER AFTER ADJUDICATION
OF DEPENDENCYPROGRAM

(a) Placement.

(1) Treatment CenterProgram Defined. Any reference in
this rule to a residential treatment centerprogram is to a placement
for observation, diagnosis, or treatment of an emotional disturbance
in a residential treatment center or facility licensed under section
394.875, Florida Statutes, for residential mental health treatment.
Any reference to hospital is toor a hospital licensed under chapter
395, Florida Statutes, for residential mental health treatment. This
rule does not apply to placement under sections 394.463 or
394.467, Florida Statutes.

(2) Basis for Placement. The placement of any child who
has been adjudicated dependent for residential mental health
treatment shallmust be as provided by law.

(3) Assessment by Qualified Evaluator. Whenever the
department believes that a child in its legal custody may require
placement in a residential treatment center or hospitalprogram, the
department shallmust arrange to have the child assessed by a
qualified evaluator as provided by law and shallmust file notice of

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this with the court and all parties. UponOn the filing of this notice
by the department, the court shallmust appoint a guardian ad litem
for the child, if one has not already been appointed, and shallmust
also appoint an attorney for the child. All appointments pursuant
tounder this rule shallmust conform to the provisions of rule 8.231.
Both the guardian ad litem and attorney shallmust meet the child
and shallmust have the opportunity to discuss the child’s suitability
for residential treatment with the qualified evaluator conducting the
assessment. UponOn the completion of the evaluator’s written
assessment, the department shallmust provide a copy to the court
and to all parties within 5 days after the department’s receipt of the
assessment. The guardian ad litem shallmust also provide a written
report to the court and to all parties indicating the guardian ad
litem’s recommendation as to the child’s placement in residential
treatment and the child’s wishes.

(4) Motion for Placement. If the department seeks to
place the child in a residential treatment center or hospitalprogram,
the department shallmust immediately file a motion for placement
of the child with the court. This motion shallmust include a
statement as to why the child is suitable for this placement and
why less restrictive alternatives are not appropriate and also
shallmust include the written findings of the qualified evaluator.
The motion shallmust state whether all parties, including the child,
are in agreement. Copies of the motion must be served on the
child’s attorney and all parties and participants.

(5) Immediate Placement. If the evaluator’s written
assessment indicates that the child requires immediate placement
in a residential treatment center or hospitalprogram and that such
placement cannot wait for a hearing, then the department may
place the child pending a hearing, unless the court orders
otherwise.

(6) [No change]

(7) Status Hearing. UponOn the filing of a motion for
placement, the court shallmust set the matter for a status hearing
within 48 hours, excluding weekends and holidays. The department

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shallmust timely provide notice of the date, time, and place of the
hearing to all parties and participants.

(8) Notice of Hearing. The child’s attorney or guardian
ad litem shallmust notify the child of the date, time, and place and
communication technology information for the hearing. No hearing
shallmay proceed without the presence of the child’s attorney. The
guardian ad litem may be excused by the court for good cause
shown.

(9) Disagreement with Placement. If no party disagrees
with the department’s motion at the status hearing, then the
motion for placement may be approved by the court. However, if
any party, including the child, disagrees, then the court shallmust
set the matter for hearing within 10 working days.

(10) Presence of Child. The child shallmust be present at
the hearing unless the court determines pursuant tounder
subdivision (c) that a court appearance is not in the child’s best
interest. In such circumstances, the child shallmust be provided
the opportunity to express his or her views to the court by a method
deemed appropriate by the court.

(11) Hearing on Placement.

(A) At the hearing, the court shallmust consider,
at a minimum, all of the following:

(i) based on an independent assessment of
the child, the recommendation of a department representative or
authorized agent that the residential treatment or hospitalization is
in the child’s best interest and a showing that the placement is the
least restrictive available alternative;

(ii)-(iv) [No change]

(B) All parties shallmust be permitted to present
evidence and witnesses concerning the suitability of the placement.

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(C) If the court determines that the child is not
suitable for residential treatment, the court shallmust order the
department to place the child in the least restrictive setting that is
best suited to meet the child’s needs.

(b) Continuing Residential Placement Reviews.

(1) The court shallmust conduct a hearing to review the
status of the child’s residential treatment plan no later than 60
days after the child’s admission to the residential treatment
program. An independent review of the child’s progress toward
achieving the goals and objectives of the treatment plan must be
completed by a qualified evaluator and submitted to the court, the
child’s attorney, and all parties in writing at least 72 hours before
the 60-day review hearing.

(2) Review hearings shallmust be conducted every 3
months thereafter, until the child is placed in a less restrictive
setting. At each 3-month review hearing, if the child is not
represented by an attorney, the court shallmust appoint counsel. At
the 3-month review hearing the court shallmust determine whether
the child disagrees with continued placement.

(3) If the court determines at any hearing that the child
is not suitable for continued residential treatment, the court
shallmust order the department to place the child in the least
restrictive setting that is best suited to meet the child’s needs.

(c) Presence of Child. The child shallmust be present at all
court hearings unless the court finds that the child’s mental or
physical condition is such that a court appearance is not in the
child’s best interest. In such circumstances, the child shallmust be
provided the opportunity to express his or her views to the court by
a method deemed appropriate by the court.

(d) Standard of Proof. At the hearing, the court shallmust
determine whether the evidence supporting involuntary
commitment of a dependent child to a residential mental health
treatment facilitytreatment program is clear and convincing.

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