In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida
____________

No. SC2024-1093
____________

IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE - 2024 LEGISLATION.

September 12, 2024

PER CURIAM.

The Florida Bar’s Juvenile Court Rules Committee has filed a

fast-track report proposing amendments to the Florida Rules of

Juvenile Procedure in response to recent statutory changes. 1 See

chs. 2024-70, 2024-177, Laws of Fla. Specifically, the Committee

proposes amendments to rules 8.210 (Parties and Participants),

8.215 (Guardian Ad Litem), 8.217 (Attorney Ad Litem/Attorney for

the Child), 8.240 (Computation, Continuance, Extension, and

Enlargement of Time), 8.305 (Shelter Petition, Hearing, and Order),

8.345 (Post-Disposition Relief), 8.347 (Motion to Supplement Order

of Adjudication, Disposition Order, and Case Plan), 8.350

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
(Placement of Child into Residential Treatment Program), 8.415

(Judicial Review of Dependency Cases), 8.425 (Permanency

Hearings), 8.505 (Process and Service), and 8.535 (Postdisposition

Hearings). Additionally, the Committee proposes adopting new rule

8.445 (Petition for Adjudication and Permanent Commitment).

The Board of Governors of The Florida Bar unanimously

recommends adopting the proposed amendments. The Committee

did not publish the proposals for comment before filing them with

the Court. Having reviewed the Committee’s proposals, we adopt

the Committee’s proposals with some minor modifications to new

rule 8.445. We discuss the more significant amendments below.

Section 5 of chapter 2024-70, Laws of Florida, amended the

definition of “party” in section 39.01(61), Florida Statutes (2023), by

removing the phrase “or the representative of the guardian ad litem

program when the program has been appointed.” Thus, we amend

rule 8.210 by deleting “or the representative of the guardian ad

litem program, when the program has been appointed” from the list

of individuals who are considered parties.

Section 6 of chapter 2024-70, Laws of Florida, amended

section 39.013(11), Florida Statutes (2023), to now require a court

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to appoint a guardian ad litem at the earliest possible time.

Accordingly, we amend rule 8.215 to remove language pertaining to

requesting a guardian ad litem and to require a court to appoint a

guardian ad litem at the earliest possible time.

Also, section 13 of chapter 2024-70, Laws of Florida, revised

section 39.402(8)(c)1., Florida Statutes (2023), to delete the

language “unless the court finds that such representation is

unnecessary,” eliminating an exception for a court to appoint a

guardian ad litem at the shelter hearing. We, likewise, amend rule

8.305 to delete the language permitting a court to not appoint a

guardian ad litem if it “finds representation unnecessary.”

Next, we amend rule 8.345 by creating a new subdivision (a),

titled “Emergency Motion for Modification of Placement.” The new

subdivision outlines the procedure for a case manager, an

authorized agent of the department, or a law enforcement officer to

remove a child from a court-ordered placement and take the child

into custody as provided by law. The new subdivision follows the

procedure set out in section 39.522(7), Florida Statutes (2024),

which was enacted by chapter 2024-177, section 4, Laws of Florida.

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Further, consistent with the language added to section

39.701(3), Florida Statutes (2023), by section 24 of chapter 2024-

70, Laws of Florida, we amend rule 8.415(b)(3) (Scheduling

Hearings; Review Hearings for Children 16 Years of Age) to require

the court to provide not just the child but also the guardian ad

litem the opportunity to address the court. We also amend rule

8.415(b)(4) (Scheduling Hearings; Review Hearings for Children 17

Years of Age) to require the court to “determine whether the child

has entered into a formal agreement with a supportive adult,” in

response to the language added to section 39.701(3)(e)1., Florida

Statutes (2023), by chapter 2024-70, section 24, Laws of Florida.

Chapter 2024-70, section 23, Laws of Florida, amended

section 39.6241(2), Florida Statutes (2023), to require a guardian

ad litem to advise the court whether the child has entered into a

formal agreement with a supportive adult and, if so, to ensure such

agreement is documented in the child’s court file. Thus, we amend

rule 8.425(d) (Permanency Order) by adding:

For children with another planned permanent living
arrangement case plan goal, the guardian ad litem must
also advise the court whether the child has been
connected with a supportive adult and, if so, whether the
child has entered into a formal agreement with the adult

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as provided by law. It is the guardian ad litem’s
responsibility to ensure the agreement is documented in
the child’s court file.

Additionally, consistent with the procedure set out in section

39.5035, Florida Statutes (2024), enacted by chapter 2024-177,

section 3, Laws of Florida, we adopt new rule 8.445 to allow for “an

attorney for the department or any other person who has knowledge

of the facts alleged or is informed of the alleged facts, and believes

them to be true,” to “initiate a proceeding by filing a petition for

adjudication and permanent commitment” “[i]f both parents of a

child are deceased or the last known living parent of a child is

deceased and a legal custodian has not been appointed for the child

through a probate or guardianship proceeding.” However, we make

a minor modification to the Committee’s proposal by relettering the

subdivisions.

Last, we amend rule 8.535 in response to changes to section

39.812, Florida Statutes (2023), by chapter 2024-177, section 8,

Laws of Florida. First, we delete the entirety of subdivision (d)

(Withholding Consent to Adopt). In its place, we add a new

subdivision (d), titled “Review of the Department’s Denial of an

Application to Adopt a Child,” which outlines the procedure for an

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applicant to seek review of a denial of an application to adopt a

child.

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 75 days from the date of

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

2. All comments must be filed with the Court on or before
November 26, 2024, with a certificate of service verifying that a copy
has been served on the Committee Chair, Sarah J. Rumph,
Children’s Legal Services, 325 John Knox Road, Building South,
Tallahassee, Florida 32303, sarah.rumph@myflfamilies.com, and on
the Bar Staff Liaison to the Committee, Michael Hodges, 651 E.
Jefferson Street, Tallahassee, Florida 32399-2300,
rules@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 December 17, 2024, 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). 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

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It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

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

Original Proceeding – Florida Rules of Juvenile Procedure

Sarah J. Rumph, Chair, Juvenile Court Rules Committee,
Tallahassee, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff
Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Court, Office of the Clerk, 500 South Duval Street, Tallahassee,
Florida 32399-1927.

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APPENDIX

RULE 8.210. PARTIES AND PARTICIPANTS

(a) Parties. For the purpose of these rules the terms “party”
and “parties” shall include the petitioner, the child, the parent(s) of
the child, the department, and the guardian ad litem or the
representative of the guardian ad litem program, when the program
has been appointed.

(b) Participants. “Participant” means any person who is not
a party but who should receive notice of hearings involving the
child. Participants include foster parents or the legal custodian of
the child, identified prospective parents, actual custodians of the
child, grandparents entitled to notice of an adoption proceeding as
provided by law, the state attorney, and any other person whose
participation may be in the best interest of the child. The court may
add additional participants. Participants may be granted leave by
the court to be heard without the necessity of filing a motion to
intervene and shall have no other rights of a party except as
provided by law.

(c) [No Change]

RULE 8.215. GUARDIAN AD LITEM

(a) Request. At any stage of the proceedings, any party may
request or the court may appoint a guardian ad litem to represent
any child alleged to be dependent.

(ba) Appointment. The court shallmust appoint a guardian
ad litem to represent the child in any proceeding as required by law
and shall ascertain at each stage of the proceeding whether a
guardian ad litem should be appointed if one has not yet been
appointed at the earliest possible time.

(cb) Duties and Responsibilities. The guardian ad litem
shallmust be a responsible adult, who may or may not be an
attorney, or a certified guardian ad litem program,appointed by the

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court to represent a child as authorized by law and shall havehas
the following responsibilities:

(1) To gather information concerning the allegations of
the petition and any subsequent matters arising in the case and,
unless excused by the court, to file a written report. This report
shallmust include a summary of the guardian ad litem’s findings, a
statement of the wishes of the child, and the recommendations of
the guardian ad litem and shallmust be provided to all parties and
the court at least 72 hours before the hearing for which the report
is prepared.

(2) [No Change]

(3) To represent the interests of the child throughout
the proceeding, including appeals, until the jurisdiction of the court
over the child terminates, or until excused by the court.

(4) To advocate for the child’s participation in the
proceeding and inform the court of the child’s preferences, to the
extent the child is able to express them.

(45) To perform such other duties as are consistent with
the scope of the appointment.

(dc) Bond. A guardian ad litem shall not beis not required to
post bond but shallmust file an acceptance of the
officeappointment.

(ed) Service. A guardian ad litem shall beis entitled to receive
service of pleadings and papers as provided by rule 8.225law.

(fe) Practice of Law by Lay Guardians. The duties of lay
guardians shallmust not include the practice of law.

(gf) Substitution or Discharge. The court, on its own motion
or that of any party, including the child, may substitute or
discharge the guardian ad litem for reasonable cause.

Committee Notes

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[No Change]

RULE 8.217. ATTORNEY AD LITEM/ATTORNEY FOR THE
CHILD

(a) [No Change]

(b) Appointment. The court may appoint an attorney ad
litem to represent the child in any proceeding as allowed by law.
The court must appoint an attorney for the child who is the subject
of a motion to modify custody as required by law.

(c) Duties and Responsibilities. The attorney ad litem must
be an attorney who has completed any additional requirements as
provided by law. The attorney ad litem is in an attorney-client
relationship with the child, maintains confidentiality, and has
theother responsibilities as provided by law.

(d) [No Change]

Committee Note

[No Change]

RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION,
AND ENLARGEMENT OF TIME

(a) [No Change]

(b) Enlargement of Time. When by these rules, by a notice
given under them, or by order of a court an act is required or
allowed to be done at or within a specified time, the court for good
cause shown, within the limits established by law, and subject to
the provisions of subdivision (d) of this rule, may, at any time, in its
discretion (1) with or without notice, order the period enlarged if a
request is made before the expiration of the period originally
prescribed or as extended by a previous order, or (2) on motion
made and notice after the expiration of the specified period permit
the act to be done when the failure to act was the result of
excusable neglect. The court may not, except as provided by law or

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elsewhere in these rules, extend the time for making a motion for
new trial, for rehearing, or vacation of judgment, or for taking an
appeal. This rule does not apply to shelter hearings.

(c) [No Change]

(d) Continuances and Extensions of Time.

(1)-(3) [No Change]

(4) These time limitations do not include the following:

(A) Periods of delay resulting from a continuance
granted at the request of the child’s counsel, or the child’s guardian
ad litem, or, if the child is of sufficient capacity to express
reasonable consent, at the request of or with the consent of the
child attorney ad litem.

(B)-(D) [No Change]

(5) [No Change]

RULE 8.305. SHELTER PETITION, HEARING, AND ORDER

(a) [No Change]

(b) Shelter Hearing.

(1)-(6) [No Change]

(7) The court must appoint:

(A) a guardian ad litem to represent the child
unless the court finds representation unnecessary;

(B)-(C) [No Change]

(8)-(13) [No Change]

(14) If the child has or is suspected of having a disability
and the parent is unavailable pursuant tounder law, the court must

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appoint a surrogate parent or refer the child to the district school
superintendent for appointment of a surrogate parent.

(15) If the shelter hearing is conducted by a judge other
than a judge assigned to hear dependency cases, a judge assigned
to hear dependency cases shallmust hold a shelter review on the
status of the child within 2 working days after the shelter hearing.

(c)-(d) [No Change]

Committee Note
[No Change]

RULE 8.345. POST-DISPOSITION RELIEF

(a) Emergency Motion for Modification of Placement.

(1) A child’s case manager, an authorized agent of the
department, or a law enforcement officer may, at any time, remove a
child from a court-ordered placement and take the child into custody
as provided by law.

(2) If, at the time of the removal, the child was not placed
in licensed care in the department’s custody, the department must
file a motion to modify placement within 1 business day after the
child is taken into custody.

(3) The court must set a hearing within 24 hours after
the motion is filed unless all of the parties and the caregiver agree to
the change of placement.

(4) At the hearing, the court must determine if the
department has established probable cause to support the immediate
removal of the child from his or her current placement. The court
may base its determination on a sworn petition or affidavit or on
testimony and may hear all relevant and material evidence, including
oral or written reports, to the extent of their probative value, even if
such evidence would not be competent evidence at an adjudicatory
hearing.

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(5) If the caregiver admits that a change of placement is
needed or the department establishes probable cause to support
removal of the child, the court must enter an order changing the
placement of the child. The new placement for the child must meet
the home study criteria in this chapter if the child is not placed in
foster care. The court must then conduct a hearing pursuant to
subdivision (b) unless such hearing is waived by all parties and the
caregiver.

(6) If the court finds that the department did not
establish probable cause to support the removal of the child from
his or her placement, the court must enter an order that the child
be returned to such placement. An order by the court to return the
child to his or her placement does not preclude a party from filing a
subsequent motion pursuant to this rule.

(ab) Motion for Modification of Placement. At any time
before a child is residing in the permanent placement approved at
the permanency hearing, a child who has been placed in his or her
own home, in the home of a relative, or in some other place, under
the supervision or legal custody of the department, may be brought
before the court by the department or any interested person on a
motion for modification of placement. The court may enter an order
making the change in placement without a hearing unless a party
or the current caregiver objects to the change. If any party or the
current caregiver objects to the change of placement, the court
must conduct a hearing and thereafter enter an order changing the
placement, modifying the conditions of placement, continuing
placement as previously ordered, or placing the child with the
department or a licensed child-caring agency.

(1)-(2) [No Change]

(bc) Standard for Changing Custody.

(1) [No Change]

(2) Rebuttable presumption.

(A)-(B) [No Change]

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(C) Within 7 days after receiving written notice
from the caregiver, the court must conduct an initial case status
hearing, at which time the court must:

(i) grant limited purpose party status to the
current caregiver who is seeking permanent custody and has
maintained physical custody of that child for at least 9 continuous
months for the limited purpose of filing a motion for a hearing on
the objection and presenting evidence pursuant tounder this rule;

(ii) appoint an attorney for the child who is
the subject of the permanent custody proceeding, in addition to the
guardian ad litem, if one is appointed;

(iii) advise the caregiver of his or her right to
retain counsel for purposes of the evidentiary hearing; and

(iviii) appoint a court-selected neutral and
independent licensed professional with expertise in the science and
research of child-parent bonding.

(D) [No Change]

(3) Reunification.

(A) [No Change]

(B) In cases in which the issue before the court is
whether a child who is placed in the custody of a parent should be
reunited with the other parent upon a finding that the
circumstances that caused the out-of-home placement and issues
subsequently identified have been remedied to the extent that the
return of the child to the home of the other parent with an in-home
safety plan prepared or approved by the department will not be
detrimental to the child, the court must determine that the safety,
well-being, and physical, mental, and emotional health of the child
would not be endangered by reunification and that reunification
would be in the best interest of the child.

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(4) Removal from Home. In cases in which the issue
before the court is whether to place a child in out-of-home care
after the child was placed in the child’s own home with an in-home
safety plan or the child was reunified with a parent or caregiver
with an in-home safety plan, the court must consider, at a
minimum, the following factors in making its determination
whether to place the child in out-of-home care:

(A) Tthe circumstances that caused the
child’s dependency and other subsequently identified issues.;

(B) Tthe length of time the child has been
placed in the home with an in-home safety plan.;

(C) Tthe parent’s or caregiver’s current level
of protective capacities.; and

(D) Tthe level of increase, if any, in the
parent’s or caregiver’s protective capacities since the child’s
placement in the home based on the length of time the child
has been placed in the home.

(cd) Change of Permanency Goal. The court shallmust
additionally evaluate the child’s permanency goal and change the
permanency goal as needed if doing so would be in the best
interests of the child. If the court changes the permanency goal, the
case plan must be amended pursuant tounder law.

(de) Motion for Termination of Supervision or
Jurisdiction. Any party requesting termination of agency
supervision or the jurisdiction of the court or both shallmust do so
by written motion or in a written report to the court. The court
must hear all parties present and enter an order terminating
supervision or terminating jurisdiction and supervision or
continuing them as previously ordered. The court shallmust not
terminate jurisdiction unless the child is returned to the parent and
has been in the placement for at least 6 months, the child is
adopted, or the child attains the age of 18, unless the court has
extended jurisdiction.

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Committee Note

[No Change]

RULE 8.347. MOTION TO SUPPLEMENT ORDER OF
ADJUDICATION, DISPOSITION ORDER, AND
CASE PLAN

(a) Motion. After the court has entered an order of
adjudication of dependency, any party may file a motion for the
court to supplement the order of adjudication with findings that a
parent or legal custodian contributed to the dependency status of
the child pursuant tounder the statutory definition of a dependent
child. The motion may also request that the court supplement the
disposition order and the case plan.

(b) Contents. The motion must:

(1)-(2) [No Change]

(3) allege sufficient facts showing that a parent or legal
custodian contributed to the dependency status of the child
pursuant tounder the statutory definition of a dependent child.

(c) [No Change]

(d) Amendments. At any time prior tobefore the conclusion
of an evidentiary hearing on the motion, an amended motion may
be filed or the motion may be amended by oral motion. A
continuance may be granted on motion and a showing that the
amendment prejudices or materially affects any party.

(e) Notice.

(1) [No Change]

(2) Summons.

(A) [No Change]

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(B) UponOn the filing of the motion and upon
request, the clerk must issue a summons.

(C)-(F) [No Change]

(G) Appearance of any person in a hearing before
the court on the motion eliminates the requirement for serving
process upon that person.

(H) [No Change]

(f) [No Change]

(g) Evidentiary Hearing.

(1) [No Change]

(2) Motion for Judgment Denying Motion. In all
proceedings, if at the close of the evidence for the movant, the court
is of the opinion that the evidence is insufficient to warrant findings
that a parent or legal custodian contributed to the dependency
status of the child pursuant tounder the statutory definition of a
dependent child, it may, and on the motion of any party must, enter
an order denying the motion for insufficiency of the evidence.

(3)-(5) [No Change]

(h) [No Change]

(i) Supplemental Disposition Hearing.

(1) [No Change]

(2) Supplemental Reports and Case Plan.

(A) A written case plan and any reports required
by law prepared by an authorized agent of the department must be
filed with the court, served upon the parents of the child, provided
to the representative of the guardian ad litem programoffice, if the
programoffice has been appointed, and provided to all other parties
not less than 72 hours before the supplemental disposition hearing.

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(B) [No Change]

(3) [No Change]

RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL
TREATMENT PROGRAM

(a) Placement.

(1)-(2) [No Change]

(3) Assessment by Qualified Evaluator. Whenever the
department believes that a child in its legal custody may require
placement in a residential treatment program, the department must
arrange to have the child assessed by a qualified evaluator as
provided by law and must file notice of this with the court and all
parties. On the filing of this notice by the department, the court
must appoint a guardian ad litem for the child, if one has not
already been appointed, and must also appoint an attorney for the
child. All appointments under this rule must conform to the
provisions of rule 8.231. Both the guardian ad litem and attorney
must meet the child and must have the opportunity to discuss the
child’s suitability for residential treatment with the qualified
evaluator conducting the assessment. On the completion of the
evaluator’s written assessment, the department must 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 must
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)-(11) [No Change]

(b)-(d) [No Change]

RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES

(a) [No Change]

(b) Scheduling Hearings.

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(1)-(2) [No Change]

(3) Review Hearings for Children 16 Years of Age. The
court must provide the child and the guardian ad litem the
opportunity to address the court and must review the child’s
independent living transition services. The foster parent, legal
custodian, or guardian ad litem may also provide any information
relevant to the child’s best interest to the court. At the first hearing
after the child’s 16th birthday, the court must inquire about the life
skills the child has acquired and whether they are age-appropriate,
and the department must provide a report that includes specific
information as to the life skills the child has acquired since the
child’s 13th birthday, or since the child came into foster care,
whichever came later.

(4) Review Hearings for Children 17 Years of Age. The
court must hold a judicial review hearing within 90 days after a
child’s 17th birthday. The court must also issue an order, separate
from the order on judicial review, that the specific disabilities of
nonage of the child have been removed pursuant tounder 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. The court must continue to hold
timely judicial review hearings. The department must update the
child’s transition plan before each judicial review hearing as
required by law. If necessary, the court may review the status of the
child more frequently during the year before the child’s 18th
birthday. At the last review hearing before the child reaches 18
years of age, the court must address whether the child plans to
remain in foster care, and, if so, ensure that the child’s transition
plan complies with the law. It must also determine whether the
child has entered into a formal agreement with a supportive adult.
The court must approve the child’s transition plan before the child’s
18th birthday.

(5) [No Change]

(c)-(e) [No Change]

(f) Court Action.

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(1)-(4) [No Change]

(5) The court shallmust appoint an attorney to
represent a child with special needs as required by rule 8.231, and
who is not already represented by an attorney.

(6) If, at any judicial review, the court determines that
the child shallmust remain in out-of-home care in a placement
other than with a parent, the court shallmust order that the
department has placement and care responsibility for the child.

(7) [No Change]

(8) When a young adult is in extended foster care, each
judicial review order shallmust provide that the department has
placement and care responsibility for the young adult. When a
young adult is in extended foster care, the court shallmust enter an
order at least every 12 months that includes a finding of whether
the department has made reasonable efforts to finalize the
permanency plan currently in effect.

(g) Jurisdiction.

(1)-(4) [No Change]

(5) If the young adult elects to voluntarily leave
extended foster care for the sole purpose of ending a removal
episode and immediately thereafter executes a voluntary placement
agreement with the department to reenroll in extended foster care,
the court shallmust enter an order finding that the prior removal
episode has ended. Under these circumstances, the court maintains
jurisdiction and a petition to reinstate jurisdiction as provided by
law is not required. When a young adult enters extended foster care
by executing a voluntary placement agreement, the court shallmust
enter an order within 180 days after execution of the agreement
that determines whether the placement is in the best interest of the
young adult.

(6) [No Change]

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(h) [No Change]

(i) Concurrent Planning.

(1) At the initial judicial review hearing, the court must
make findings regarding the likelihood of the child’s reunification
with the parent or legal custodian within 12 months after the
removal of the child from the home. In making such findings, the
court shallmust consider the level of the parent or legal custodian’s
compliance with the case plan and demonstrated change in
protective capacities compared to that necessary to achieve timely
reunification within 12 months after the removal of the child from
the home. The court shallmust also consider the frequency,
duration, manner, and level of engagement of the parent or legal
custodian’s visitation with the child in compliance with the case
plan.

(2)-(4) [No Change]

Committee Notes
[No Change]

RULE 8.425. PERMANENCY HEARINGS

(a) [No Change]

(b) Determinations at Hearing.

(1) The court shallmust determine:

(A)-(D) [No Change]

(2) The court shallmust approve a permanency goal for
the child as provided by law choosing from the following options,
listed in order of preference:

(A)-(E) [No Change]

(3) [No Change]

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(c) Case Plan. The case plan must list the tasks necessary
to finalize the permanency placement and shallmust be amended at
the permanency hearing if necessary. If a concurrent case plan is in
place, the court shallmust approve a single goal that is in the
child’s best interest.

(d) Permanency Order.

(1) [No Change]

(2) The court shallmust enter an order approving the
permanency goal for the child.

(3) If the court approves a permanency goal of
permanent guardianship of a dependent child, placement with a fit
and willing relative, or another planned permanent living
arrangement, the court shallmust make findings as to why this
permanent placement is established without adoption of the child to
follow. The department and the guardian ad litem must provide the
court with a recommended list and description of services needed
by the child, such as independent living services and medical,
dental, educational, or psychological referrals, and a recommended
list and description of services needed by his or her caregiver. For
children with another planned permanent living arrangement case
plan goal, the guardian ad litem must also advise the court whether
the child has been connected with a supportive adult and, if so,
whether the child has entered into a formal agreement with the
adult as provided by law. It is the guardian ad litem’s responsibility
to ensure the agreement is documented in the child’s court file.

(4) If the court establishes a permanent guardianship
for the child, the court’s written order shallmust:

(A)-(F) [No Change]

(5) The court shallmust retain jurisdiction over the case
and the child shallmust remain in the custody of the permanent
guardian unless the order creating the permanent guardianship is
modified by the court. The court shallmust discontinue regular
review hearings and relieve the department of the responsibility for

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supervising the placement of the child. Notwithstanding the
retention of jurisdiction, the placement shallmust be considered
permanency for the child.

(6) If the court permanently places a child with a fit
and willing relative, the court’s written order shallmust:

(A)-(D) [No Change]

(7) If the court establishes another planned permanent
living arrangement as the child’s permanency option:

(A) [No Change]

(B) The department shallmust document reasons
why the placement will endure and how the proposed arrangement
will be more stable and secure than ordinary foster care.

(C)-(D) [No Change]

(e) Entry of Separate Order Establishing Permanency. If
the court permanently places a child in a permanent guardianship
or with a fit and willing relative, the court shallmust enter a
separate order establishing the authority of the permanent
guardian or relative to care for the child, reciting that individual’s
powers and authority with respect to the child and providing any
other information the court deems proper which can be provided to
persons who are not parties to the proceeding as necessary,
notwithstanding the confidentiality provisions of Chapter 39,
Florida Statutes.

(f) [No Change]

RULE 8.445. PETITION FOR ADJUDICATION AND
PERMANENT COMMITMENT

(a) Petition.

(1) If both parents of a child are deceased or the last
known living parent of a child is deceased and a legal custodian has
not been appointed for the child through a probate or guardianship

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proceeding, then an attorney for the department or any other
person who has knowledge of the facts alleged or is informed of the
alleged facts, and believes them to be true, may initiate a
proceeding by filing a petition for adjudication and permanent
commitment. If the child has already been adjudicated dependent, a
petition for permanent commitment may be filed.

(2) If a child has been placed in shelter status by order
of the court but has not yet been adjudicated, a petition for
adjudication and permanent commitment must be filed within 21
days after the shelter hearing. In all other cases, the petition must
be filed within a reasonable time after the date the petitioner first
becomes aware of the facts that support the petition for
adjudication and permanent commitment.

(b) Contents. The petition must:

(1) Be in writing;

(2) Identify the alleged deceased parents;

(3) Provide facts that establish that both parents of the
child are deceased, or that the last known living parent is deceased;
and

(4) Allege that a legal custodian has not been appointed
for the child through a probate or guardianship proceeding.

(c) Verification. The petition must be signed by the
petitioner under oath stating the petitioner’s good faith in filing the
petition.

(d) Adjudicatory Hearing. When a petition for adjudication
and permanent commitment or a petition for permanent
commitment has been filed, the clerk of court must set the case
before the court for an adjudicatory hearing.

(1) The adjudicatory hearing must be held as soon as
practicable after the petition is filed, but no later than 30 days after
the filing date.

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(2) Notice of the date, time, and place of the
adjudicatory hearing and a copy of the petition must be served on
the following persons:

(A) Any person who has physical custody of the
child;

(B) A living relative of each parent of the child
unless a living relative cannot be found after a diligent search or
inquiry; and

(C) The guardian ad litem for the child or the
representative of the guardian ad litem office if the office has been
appointed.

(3) The court must conduct an adjudicatory hearing
without a jury and apply the rules of evidence in use in civil cases,
adjourning the hearing as necessary. The court must determine
whether the petitioner has established by clear and convincing
evidence that both parents of the child are deceased, or that the last
known living parent is deceased and the other parent cannot be
found after a diligent search or inquiry, and that a legal custodian
has not been appointed for the child through a probate or
guardianship proceeding. A certified copy of the death certificate for
each parent is sufficient evidence of the parents’ deaths.

(e) Order on Adjudicatory Hearing on Petition for
Adjudication and Permanent Commitment. The court must enter
an order within 30 days after an adjudicatory hearing on the
petition.

(1) Order Granting Adjudication and Permanent
Commitment. If the court finds that the petitioner has met the clear
and convincing standard, the court must enter a written order
adjudicating the child dependent and permanently committing the
child to the custody of the department for the purpose of adoption.
A disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide a case
plan that identifies the permanency goal for the child to the court.

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(2) Order Granting Adjudication. If the court finds that
clear and convincing evidence does not establish that both parents
of a child are deceased, or that the last known living parent is
deceased and the other parent cannot be found after a diligent
search or inquiry, and that a legal custodian has not been
appointed for the child through a probate or guardianship
proceeding, but that a preponderance of the evidence establishes
that the child does not have a parent or legal custodian capable of
providing supervision or care, the court must enter a written order
adjudicating the child dependent. A disposition hearing must be
scheduled no later than 30 days after the entry of the order.

(3) Order Dismissing Petition. If the court finds that the
petitioner has not met the clear and convincing standard and that a
preponderance of the evidence does not establish that the child
does not have a parent or legal custodian capable of providing
supervision or care, the court must enter a written order so finding
and dismiss the petition.

(f) Order on Adjudicatory Hearing on Petition for
Permanent Commitment. The court must enter an order within 30
days after an adjudicatory hearing on the petition.

(1) Order Granting Permanent Commitment. If the court
finds that the petitioner has met the clear and convincing standard,
the court must enter a written order permanently committing the
child to the custody of the department for purposes of adoption. A
disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide an
amended case plan that identifies the permanency goal for the child
to the court.

(2) Order Denying Petition. If the court finds that clear
and convincing evidence does not establish that both parents of a
child are deceased or that the last known living parent is deceased
and the other parent cannot be found after a diligent search or
inquiry, the court must enter a written order denying the petition.
The order has no effect on the child’s prior adjudication. The order
does not bar the petitioner from filing a subsequent petition for
permanent commitment based on newly discovered evidence that

- 26 -
establishes that both parents of a child are deceased, or that the
last known living parent is deceased, and that a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding.

(g) Disposition Hearing.

(1) Hearing. The court must conduct a supplemental
disposition hearing under the same procedures for a
disposition hearing and case plan review hearing for a
dependency petition as provided by law.

(2) Reports and Case Plan.

(A) A written case plan and any reports required
by law must be filed with the court, served to any known living
parents, if applicable, and provided to the representative of the
guardian ad litem office, if the office has been appointed, not less
than 72 hours before the disposition hearing.

(B) The court may grant an exception to the
requirement for any reports required by law by separate order or
within the judge’s order of disposition upon a finding that all the
family and child information required by law is available in other
documents filed with the court.

(3) Order of Disposition. The court must in its written
order of disposition include:

(A) the placement or custody of the child;

(B) special conditions of placement and visitation;

(C) evaluation, counseling, treatment activities,
and other actions to be taken by the parties, when ordered;

(D) the names of the supervising or monitoring
agencies, and the continuation or discharge of the guardian ad
litem, when appropriate;

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(E) the date, time, and location for the next case
review as required by law;

(F) child support payments, if applicable and if
the child is in an out-of-home placement;

(G) if the child is placed in foster care, the reasons
why the child was not placed in the legal custody of an adult
relative, legal custodian, or other adult approved by the court;

(H) approval of the case plan and any reports
required by law or direction to amend the case plan within 30 days;
and

(I) such other requirements as are deemed
necessary to protect the health, safety, and well-being of the child.

(h) Judicial Review Hearing. Until the adoption of the child
is finalized, or the child reaches the age of 18 years, whichever
occurs first, the court must hold hearings pursuant to these rules
every 6 months to review the progress being made toward
permanency for the child.

RULE 8.505. PROCESS AND SERVICE

(a) Personal Service. On the filing of a petition requesting
the termination of parental rights, a copy of the petition and notice
of the date, time, and place of the advisory hearing must be
personally, or via primary e-mail address upon a party’s consent,
served on:

(1)-(6) [No Change]

(7) the guardian ad litem for the child or the
representative of the guardian ad litem program, if the program has
been appointed;

(8)-(9) [No Change]

(b)-(c) [No Change]

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(d) Waiver of Service.

(1) Service of process may be waived, as provided by
law, for persons who have executed a written surrender of the child
to the department.

(2) Appearance of a person at the advisory hearing
obviates the necessity of serving process on that person, and the
court may proceed with the advisory hearing and any subsequently
noticed hearing.

RULE 8.535. POSTDISPOSITION HEARINGS

(a) Initial Hearing. If the court terminates parental rights, a
postdisposition hearing must be set within 30 days after the date of
disposition. At the hearing, the department or licensed child-placing
agency shallmust provide to the court a plan for permanency for the
child.

(b) Subsequent Hearings. Following the initial
postdisposition hearing, the court shallmust hold hearings every 6
months to review progress being made toward permanency for the
child until the child is adopted or reaches the age of 18, whichever
occurs first. Review hearings for alternative forms of permanent
placement shallmust be held as provided by law.

(c) Continuing Jurisdiction. The court that terminates the
parental rights to a child under chapter 39, Florida Statutes,
shallmust retain exclusive jurisdiction in all matters pertaining to
the child’s adoption under chapter 63, Florida Statutes. The
petition for adoption must be filed in the division of the circuit court
that entered the judgment terminating parental rights, unless a
motion for change of venue is granted as provided by law.

(d) Withholding Consent to Adopt.

(1) When a petition for adoption and a favorable home
study under section 39.812(5), Florida Statutes, have been filed and
the department’s consent has not been filed, the court shall

- 29 -
conduct a hearing to determine if the department has unreasonably
withheld consent.

(2) In reviewing whether the department unreasonably
withheld its consent to adopt, the court shall determine whether the
department abused its discretion by withholding consent to the
adoption by the petitioner. In making this determination, the court
shall consider all relevant information, including information
obtained or otherwise used by the department in selecting the
adoptive family, pursuant to Florida Administrative Code Chapter
65C.

(3) If the court determines that the department
unreasonably withheld consent to adopt, and the petitioner has
filed with the court a favorable home study as required by law, the
court shall incorporate its findings into a written order with specific
findings of fact as to how the department abused its discretion in
withholding its consent to adopt, and the consent of the department
shall be waived.

(d) Review of the Department’s Denial of an Application
to Adopt a Child.

(1) Notice of Denial of Application to Adopt. If the
department denies an application to adopt a child, the department
must file written notification of the denial with the court and
provide copies to all parties and the denied applicant within 10
business days after the department’s decision.

(2) Motion to Review Denial of Application to Adopt. A
denied applicant may file a motion to have the court review the
department’s denial within 30 business days after the issuance of
the department’s written notification of its decision to deny the
application to adopt a child. The motion to review must allege that
the department unreasonably denied the application to adopt and
request that the court allow the denied applicant to file a petition to
adopt the child under chapter 63 without the department’s consent.

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(3) Standing. A denied applicant only has standing to
file a motion to review the department’s denial and to present
evidence in support of such motion. Such standing is terminated
upon the entry of the court’s order. If the department selected a
different applicant to adopt the child, the selected applicant may
participate in the hearing as a participant pursuant to law and may
be granted leave by the court to be heard without the need to file a
motion to intervene.

(4) Hearing on Motion. The court must hold a hearing
within 30 business days after the denied applicant files the motion
to review. The court may only consider whether the department’s
denial of the application is consistent with its policies and if the
department made such decision in an expeditious manner. The
standard of review is whether the department’s denial of the
application is an abuse of discretion.

(5) Order. Within 15 business days after the conclusion
of the hearing, the court must enter a written order denying the
motion to review or finding that the department unreasonably
denied the application to adopt and authorizing the denied
applicant to file a petition to adopt the child under chapter 63
without the department’s consent.

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