IN RE: AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE—2019 FAST-TRACK REPORT. (2019)

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 the following rules and forms: rules 8.240 (Computation, Continuance, Extension, and Enlargement of Time); 8.305 (Shelter Petition, Hearing, and Order); 8.332 (Order Finding Dependency); 8.345 (Post-Disposition Relief); 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency); 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained); 8.400 (Case Plan Development); 8.415 (Judicial Review of Dependency Cases); 8.430 (Modification of Permanency Order); 8.525 (Adjudicatory Hearings); and forms 8.961 (Shelter Order); 8.965 (Arraignment Order); 8.966 (Adjudication Order—Dependency); 8.970 (Order on Judicial Review); 8.973A (Order on Judicial Review for Child Age 17 or Older); 8.973B (Order on Judicial Review); 8.973C (Order on Judicial Review for Young Adults in Extended Foster Care); 8.975 (Dependency Order Withholding Adjudication); 8.983 (Order Involuntarily Terminating Parental Rights); and 8.984 (Order Terminating Parental Rights (Voluntary)). The amendments implement changes to chapter 39, Florida Statutes, made by chapters 2019-142 and 2019-128, Laws of Florida, which became effective July 1, 2019, and October 1, 2019, respectively.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 Committee's proposals and 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) (Shelter Hearing) of rule 8.305 (Shelter Petition, Hearing, and Order) is amended to add language requiring the court to advise parents in plain language what is expected of them to achieve reunification with their child. New subdivisions (b)(11)(A)-(D) are added to include three new advisements that the court must tell the parent at the shelter hearing. See ch. 2019-128, § 3, Laws of Fla. (amending § 39.402(18), Fla. Stat. (2018)). Similarly, subdivision (d) (Failure to Substantially Comply) of rule 8.332 (Order Finding Dependency) is amended to add new subdivisions (d)(1)-(4) to include three new advisements that the court must tell the parent if the court adjudicates a child dependent and the child is in out-of-home care. See ch. 2019-128, § 4, Laws of Fla. (amending § 39.507(7)(c), Fla. Stat. (2018)).

Subdivision (b) (Continuing Residential Placement Reviews) of rule 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency) is amended to change the timeframe for the court's review of the child's residential treatment from no later than three months to no later than sixty days after the child's admission. See ch. 2019-142, § 6, Laws of Fla. (amending § 39.407(6)(g)2., Fla. Stat. (2018)).

Subdivision (b) (Contents) of rule 8.400 (Case Plan Development) is amended to add a phrase regarding the parent's responsibility to comply with the case plan no later than one year after removal or adjudication of the child and to notify the parties of barriers to completing the case plan. See ch. 2019-128, § 7, Laws of Fla. (amending § 39.6011(2)(e), Fla. Stat. (2018), and enacting § 39.6011(4), Fla. Stat. (2019)). Additionally, new subdivision (d)(3) is added to explain the department's responsibility to explain the provision of the case plan to all persons involved, provide the contact information for all entities, explain strategies to overcome barriers to completing the case plan, and advise the parent that he or she should notify the parties of barriers in achieving the case plan within a reasonable time. See id. The subsequent paragraphs of subdivision (d) are renumbered accordingly.

Existing subdivision (f)(6) of rule 8.415 (Judicial Review of Dependency Cases) is renumbered to (f)(7) to accommodate new subdivision (f)(6). New subdivision (f)(6) is added to require that when the court determines at a judicial review hearing that a child is placed out of home, the judicial review order must state that the department has placement and care responsibility for the child. See ch. 2019-142, § 10, Laws of Fla. (amending § 39.701(2)(d), Fla. Stat. (2018), and enacting § 39.701(4)(f)-(g), Fla. Stat. (2019)). New subdivision (f)(8) is also added and states that when a young adult is in extended foster care, each judicial review order must state that the department has placement and care responsibility for the young adult. New subdivision (f)(8) also states that when a young adult is in extended foster care, the court shall find whether the department has made reasonable efforts to finalize the permanency plan. See id. Lastly, new subdivision (g)(5) is added and states that when a young adult voluntarily leaves extended foster care, an order regarding placement of the young adult must be entered within 180 days of the voluntary placement agreement. See id.

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 seventy-five days from the date of this opinion in which to file comments with the Court.³

It is so ordered.

APPENDIX

FOOTNOTES

1.   See art. V, § 2(a), Fla. Const.

2.   See ch. 2019-142, §§ 5-6, 9-10, Laws of Fla. (amending §§ 39.402(8)(h), 39.407(3)(d)1., 39.407(6)(g)2., 39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(4), Fla. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019).

3.   All comments must be filed with the Court on or before February 10, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, Linda McGrady Berman, Office of the State Attorney, 17th Judicial Circuit, 201 SE 6th Street, Suite 08140, Fort Lauderdale, Florida 33301-3303, lberman@sao17.state.fl.us, 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 March 2, 2020, 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 POLSTON, LABARGA, LAWSON, LAGOA, and MUÑIZ, JJ., concur.