IN RE: AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE - 2018 FAST-TRACK REPORT. (2018)

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 in response to recent legislation. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction ¹ and adopt the amendments as proposed.

The Committee proposes amendments to rules 8.305 (Shelter Petition, Hearing, and Order), 8.340 (Disposition Hearings), 8.400 (Case Plan Development), 8.415 (Judicial Review of Dependency Cases), 8.420 (Case Plan Amendments), and 8.425 (Permanency Hearings). The amendments implement changes to chapter 39, Florida Statutes (2017), made by chapters 2018-45, 2018-103, and 2018-108, Laws of Florida, which became effective July 1, 2018.²

The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the Committee's proposals. The Committee did not publish the 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 are discussed below.

Subdivision (b)(12) of rule 8.305 (Shelter Petition, Hearing, and Order) is amended to add the child's child care records and early education program records to the list of records that the court, at the shelter hearing, must request the parents to consent to provide access to. See ch. 2018-108, § 2, Laws of Fla. (amending 39.402(11)(c), Fla. Stat. (2017) ). The amendment to subdivision (c)(9) of rule 8.340 (Disposition Hearings) requires the disposition order to include requirements to preserve the stability of the child's child care, early education program, or any other educational placement. See id.

New subdivision (b)(6) is added to rule 8.400 (Case Plan Development) to require that if the parent is incarcerated, the case plan contain the list of services available to the parent at the facility. See ch. 2018-45, § 1, Laws of Fla. (creating § 39.6021(1), Fla. Stat.).

Two sentences are added to subdivision (i)(1) of rule 8.415 (Judicial Review of Dependency Cases) that require the court to consider, at the judicial review hearing, “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” and “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.” See ch. 2018-103, § 12, Laws of Fla. (amending § 39.701(2)(d)(5), Fla. Stat. (2017) ).

A new paragraph is added at the end of subdivision (a) of rule 8.420 (Case Plan Amendments) to address the factors the court must consider in amending the case plan. See ch. 2018-103, § 7, Laws of Fla. (adding subsection (6) to § 39.6013, Fla. Stat. (2017) ). New subdivision (b)(6) is added to rule 8.420 to address case plan modification when the parent is incarcerated after a case plan has been developed. See ch. 2018-45, § 1, Laws of Fla. (creating section 39.6021(5), Fla. Stat.).

New subdivision (b)(1)(D) is added to rule 8.425 (Permanency Hearings) to require the court, at the permanency hearing, to consider whether the frequency, duration, manner, and level of engagement of the parent or legal guardian's visitation with the child meets the requirements of the case plan. See ch. 2018-103, § 8, Laws of Fla. (adding paragraph (d) to § 39.621(5), Fla. Stat. (2017) ). Finally, new subdivision (d)(5)(F) is added to rule 8.425 to require the permanent guardianship order to state whether the child demonstrates a strong attachment to the prospective permanent guardian and whether the prospective permanent guardian demonstrates a strong commitment to permanently caring for the child. See ch. 2018-103, § 9 (adding paragraph (f) to § 39.6221(1), Fla. Stat. (2017) ).

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.³

It is so ordered.

FOOTNOTES

1.   Art. V, § 2(a), Fla. Const.

2.   See ch. 2018-45, §§ 1-2, Laws of Fla. (creating § 39.6021(1), (5), Fla. Stat. effective July 1, 2018); ch. 2018-103, §§ 7-8, 9, 12, 33, Laws of Fla. (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. Stat. (2017) effective July 1, 2018); ch. 2018-108, §§ 2, 7, Laws of Fla. (amending § 39.402(11)(c), Fla. Stat. (2017) effective July 1, 2018).

3.   All comments must be filed with the Court on or before September 17, 2018, with a certificate of service verifying that a copy has been served on the Committee Chair, David Neal Silverstein, 1301 6th Avenue W., Suite 101, Bradenton, Florida 34205-7403, david.silverstein@myflfamilies.com, and on the Bar Staff Liaison to the Committee, Mikalla Andies Davis, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, mdavis@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 October 8, 2018, 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. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). 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; no additional copies are required or will be accepted.

PER CURIAM.

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