In re Amendments to the Florida Rules of Juvenile Procedure

191 So. 3d 257, 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523
CourtSupreme Court of Florida
DecidedJanuary 21, 2016
DocketNo. SC15-150
StatusPublished

This text of 191 So. 3d 257 (In re Amendments to the Florida Rules of Juvenile Procedure) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Rules of Juvenile Procedure, 191 So. 3d 257, 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523 (Fla. 2016).

Opinion

PER CURIAM.

In the February 19, 2015, opinion in this case,1 the Court adopted out-of-cycle amendments to the Florida Rules of Juvenile Procedure (Rules). As is relevant here, the Court adopted new rule 8 .231 (Providing Counsel to Dependent Children with Special Needs), as well as amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 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); and 8.973B (Order on Judicial Review). See In re Amends. to Fla. Rules of Juv. Proc., 158 So.3d 523 (Fla.2015). The amendments were proposed by the Florida Bar’s- Juvenile Court Rules Committee (Committee) in a fast-track report to implement recent legislation. See ch.2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ' ch.2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). Because the amendménts were not published before they were adopted, the opinion allowed interested persons sixty days to file comments. See In re Amends. to Fla. Rules of Juv. Proc., 158 So.3d at 525. The Court received comments from the Florida Association of Counsel for Children, the Legal Needs of Children Committee of The Florida Bar, and a joint comment from the Florida Guardian ad Litem Program and Florida’s Children First. The Committee filed a response to the comments proposing additional rule amendments. The proposed amendments were unanimously approved-by the Board of Governors of The Florida Bar.

Upon consideration of the comments and the Committee’s response, we adopt most of the Committee’s additional amendments as proposed, with some, modifications discussed in this opinion. However, as discussed below,, we ¡ decline to adopt the Committee’s proposed amendment to the title of rule 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or- in Foster-.Care When Parental Consent Has Not Been Obtained).

[258]*258First, in rule 8.231, based on the suggestion from the Florida Guardian ad Litem Program and Florida’s Children First in their joint comment, and as proposed by the Committee, the title of the rule is amended -to “Providing Counsel to Dependent Children with Special Needs Who Have a Statutory Right to Counsel.” Additionally,- we add a new subdivision (a) (Applicability) to clarify that the rule applies to children for whom the court must appoint counsel under section 39.01305, Florida Statutes,2 and does not affect the court’s authority to appoint counsel for any other child. Existing subdivision (a) (Duty of Court) is re-lettered as subdivision (b) (Duty of Court). We also amend the new subdivision (b), and delete the entirety of former subdivision (b) (Determination of a Dependent Child of Special Needs), to remove language restating the specific requirements and procedures for appointing counsel provided in section 39.01305. Instead, new subdivision (b) now provides that the court shall appoint an attorney to represent any child who has special needs, as defined in section 39.01305.

Also in response to the comments and as proposed by the Committee, we amend-several of the Juvenile Rules in an effort to better facilitate the appointment of counsel to children with special needs. Rule 8.305(a)(1) (Shelter Petition, Hearing, and Order; Shelter Petition) is amended to require that the Shelter Petition indicate whether the child has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes. Rule 8.310(a) (Dependency Petitions; Contents) is amended to add a new subdivision (a)(6), requiring the dependency petition to identify each child who has a special need requiring the appointment of counsel, as defined in section 39.01305, Flórida Statutes. In rule 8.415 (Judicial Review of Dependency Cases), subdivision (c) (Report) is amended to add a new subdivision (c)(4), which provides that the Florida Department of Children and Families’ required report may indicate whether the dependent child has a special need as defined in section 39.01305, Florida Statutes, requiring the appointment of an attorney. Additionally, in subdivision (f) (Court Action) of rule 8.415, we add a new subdivision (f)(5), ■ which requires the court to appoint an attorney to represent a child with special needs as required by rule 8.231; the subsequent subdivision is renumbered accordingly. We also amend Juvenile Forms 8.960 and 8.961 to add new sections to the forms to indicate whether a child has special needs, and whether an attorney has been appointed for the child.

The Committee has proposed amendments to rule 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained) to change the title of this rule to “Administration of Psychotropic Medication to a Child in Chapter 39 Proceedings.” Because the Committee’s proposed change would have the effect of broadening the scope of the rule from proceedings where a child’s parents do not consent to the administration of psychotropic medications, to all proceedings under Chapter 39, Florida Statutes, we do not adopt this amendment. However, we do amend rule 8.355, subdivision (a) (Motion for Court Authorization for Administration of Psychotropic Medications), as proposed by the Committee, to simplify the language in the rule.

Finally, based on comments from the Florida Guardian ad Litem Program, Florida’s Children First, arid The Légal Needs of Children Committee of The Florida Bar, [259]*259we amend rule 8.305(b)(7)(B), and forms 8.961,.8.970, 8.973A, and 8.973B to replace the term “attorney.ad litem” with the term “attorney for the child.”

Accordingly, we amend the Florida Rules of Juvenile Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon release of this opinion.

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 WHO HAVE A STATUTORY RIGHT TO COUNSEL

(a) Applicability. This rule applies to children for whom the court must appoint counsel under section 39.01305, ’Florida Statutes. This rule does not affect the court’s authority to appoint counsel 'for any other child.

(b) Duty of Court.

QJ-The court shall appoint an attorney to represent any child who is determined to-be-a child ofhas special needs as defined in section 39.01305, Florida Statutes, and who is subject to any proceeding under Chapter 39, Florida Statutes.

(A) ■ The court nmst-flrst--request---a-:rec-ommendation-from--the Statewide-Guardian Ad-Litem Office -for---an -- attor-ney-who-is veiling to-represent-a-child- without -additional-compensation. — If--such' an attorney is available-wfeMn-15-4ays--aftey the court’s request,- the» court-must appoint-that-aitor-

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Related

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE
158 So. 3d 523 (Supreme Court of Florida, 2015)

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Bluebook (online)
191 So. 3d 257, 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-rules-of-juvenile-procedure-fla-2016.