IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE. 

Supreme Court of Florida

____________

No. SC06-2151

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IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE.

[February 8, 2007]

STORY CONTINUED FROM PART II……..

FORM 8.950. RESTITUTION ORDER

JUDGMENT AND RESTITUTION ORDER

THIS CAUSE was heard on .....(date)....., on the state's motion for an order requiring the child, born .....(date)....., or .....his/her..... parent(s), to pay restitution costs for the benefit of the victim pursuant to sections 985.201(4)(c)985.0301(5)(i), 985.231(1)(a)6, 985.231(1)(a)9985.437, and 775.089, Florida Statutes.

Name of victim: ....................

Attorney or Advocate: ....................

Address: ....................

The court being fully advised in the premises, it is ORDERED AND ADJUDGED:

The state's motion is granted and the .....child/child's parent(s), .....(name(s))....., shall pay resti tution for the benefit of the victim named above as follows:

..... $..... for medical and related services and devices relating to physical, psychiatric, and psycho logical care, including nonmedical care rendered in accordance with a recognized method of healing.

..... $..... for necessary physical and occupational therapy and rehabilitation.

..... $..... to reimburse the victim for income lost as a result of the offense.

..... $..... for necessary funeral and related services, if the offense caused bodily injury resulting in the death of the victim.

..... $..... for damages resulting from the offense.

..... $..... for .....................

The total amount of restitution due is $......

Payment shall be made to the clerk of the circuit court.

Payment schedule:

..... Installment payments of $..... payable on a .....weekly/monthly..... basis.

..... Payment is due in full.

..... The court finds that the .....child/child's par ent(s)..... .....is/are..... unable to pay and orders the child to perform ..... hours of community service in lieu of .....partial/total..... restitution.

The court retains jurisdiction over this child beyond .....his/her..... nineteenth birthday in order to enforce the provisions of this order and retains jurisdiction to modify the restitution in this case.

Other, specified conditions: ....................

IT IS FURTHER ORDERED AND ADJUDGED that the clerk of the court shall provide the victim named above a certified copy of this order for the victim to record this judgment as a lien, pursuant to section 55.10, Florida Statutes.

IT IS FURTHER ORDERED AND ADJUDGED that this judgment may be enforced by the state or the victim in order to receive restitution in the same manner as a judgment in a civil action. Execution shall issue for all payments required under this order.

DONE AND ORDERED AT .....(city)....., .....(county)....., Florida, on .....(date)......

Circuit Judge

Copies to:

State Attorney

Counsel for Child

Victim

Department of Juvenile Justice

Parent(s)

FORM 8.951. MOTION FOR JUVENILE SEXUAL OFFENDER PLACEMENT

MOTION FOR JUVENILE SEXUAL

OFFENDER PLACEMENT

Comes now the .....State of Florida, by and through the undersigned assistant state attorney/Department of Juvenile Justice, by and through its undersigned counsel....., and moves the court for Juvenile Sexual Offender placement. In support thereof, movant would show:

..... that the juvenile has been found by the court, under section 985.228985.35, Florida Statutes, to have committed a violation of chapter 794, chapter 796, chapter 800, section 827.071, or section 847.0133, Florida Statutes; or

..... that the juvenile has been found to have com mitted any violation of law or delinquent act involving juvenile sexual abuse as defined in section 985.03(33)985.475(1), Florida Statutes.

Placement in a juvenile sexual offender program is required for the protection of the public and would best serve the needs of this juvenile.

WHEREFORE, as this child meets the juvenile sexual offender placement criteria, the .....state/ department..... respectfully requests this court to enter an order placing the child as a juvenile sexual offender under section 985.308985.48, Florida Statutes.

Date: ....................

Assistant State Attorney/DJJ Attorney

.....(address & phone no.).....

Florida Bar No.: ..........

FORM 8.961. SHELTER ORDER

ORDER FOR PLACEMENT IN SHELTER

THIS CAUSE came on to be heard under chapter 39, Florida Statutes, on the sworn AFFIDAVIT AND PETITION FOR PLACEMENT IN SHELTER CARE filed by .....(petitioner's name)....., on .....(date)...... The following persons appeared before the court:

..... Petitioner

..... Petitioner's attorney

..... Mother

..... Father(s)

..... Legal custodian(s)

..... Guardian ad litem

..... GAL attorney

..... Other:

and the Court having reviewed its file and having been otherwise duly advised in the premises finds as follows:

1. The minor child(ren), ……………….. , was/were found within the jurisdiction of this court and is/are of an age subject to the jurisdiction of this court.

2. PLACEMENT IN SHELTER.

..... The minor child(ren) was/were placed in shelter on .....(date)..... at .......... a.m./p.m. by .....(name)....., a duly authorized agent of the department.

..... The minor child(ren) need(s) to be placed in shelter at the request of the petitioner for the reasons stated in this order.

3. PARENTS/CUSTODIANS. The parents/cus to dians of the minor child(ren) are:

Name Address

Mother: ........................ ........................ ...............................................

Father of .....(child's name).....:

........................ ........................ ...............................................

Other: .....(relationship and to which child).....:

.................................................... ................................................

4. INABILITY TO NOTIFY AND/OR LOCATE PARENTS/CUSTODIANS. The peti tioner has made a good faith effort to notify and/or locate, but was unable to notify and/or locate .....(name(s))....., a parent or legal custodian of the minor child(ren).

5. NOTIFICATION. Each parent/legal custo dian not listed in #4 above was:

..... duly notified that the child(ren) was/were taken into custody;

..... duly notified to be present at this hearing;

..... served with a statement setting forth a sum mary of procedures involved in dependency cases;

..... advised of their right to counsel; and

..... was represented by counsel, .....(name)......

..... knowingly, voluntarily, and intelligently waived the right; or

..... the court declined to accept the waiver because ......................................

..... requested appointment of counsel, but the court declined appointment because he/she did not qualify as indigent.

..... requested appointment of counsel and counsel was appointed.

6. PROBABLE CAUSE.

..... Based on the allegations in the Affidavit and Petition for Placement in Shelter, there is probable cause to believe that the child(ren) is/are depen dent based on allegations of abuse, abandonment, or neglect or substantial risk of same.

..... A finding of probable cause cannot be made at this time and the court requires additional information to determine the risk to the child(ren). The following information must be provided to the court during the continuation of this hearing: .....(information to be pro vided)...... This hearing is continued for 72 hours, until .....(date and time)...... The children will remain in shelter care.

7. NEED FOR PLACEMENT. Placement of the child(ren) in shelter care is in the best interest of the child(ren). Continuation in the home is contrary to the welfare of the child(ren) because the home situation presents a substantial and immediate danger which cannot be mitigated by the provision of preventive services and placement is necessary to protect the child(ren) as shown by the following facts:

..... the child(ren) was/were abused, abandoned, or neglected, or is/are suffering from or in imminent danger of injury or illness as a result of abuse, abandonment, or neglect, specifically:

....... the custodian has materially violated a con dition of placement imposed by the court, specifically: ................

....... the child(ren) has/have no parent, legal custo dian, or responsible adult relative immediately known and available to provide supervision and care, specifically: …………………………

8. REASONABLE EFFORTS.

....... Reasonable efforts to prevent or eliminate the need for removing the child(ren) from the home have been made by the department, which provided the following services to the family:

..... The following specific services, if available, could prevent or eliminate the need for removal or continued removal of the child from the home .......................................................................................................................

..... The date these services are expected to be available is .........................................................

...... The department is deemed to have made reasonable efforts to prevent or eliminate the need for removal from the home because:

..... The first contact with the department occurred during an emergency.

..... The appraisal of the home situation by the department indicates a substantial and immediate danger to the child(ren) which cannot be mitigated by the provision of preventive services.

..... The child(ren) cannot safely remain at home because no services exist that can ensure the safety of the child(ren). Services are not available because ................................................

..... Even with appropriate services, the child(ren)'s safety cannot be ensured.

9. RELATIVE PLACEMENT

The court asked any parents present whether the parents have relatives that might be considered as a placement for the child(ren).

The court advised any parents present that the parents have a continuing duty to inform the department of any relative who should be considered for placement of the child.

It is, therefore, ORDERED AND ADJUDGED, as follows:

1. The child(ren) shall remain/be placed in the shelter custody of:

..... the department, with the department having the discretion to shelter the child(ren) with a relative or other responsible adult on com pletion of a positive homestudy, abuse registry, and criminal background checks.

..... Other:

2. The child(ren) ..... may ..... may not be returned to the parent/custodian without further order of this court.

3. The Guardian Ad Litem Program is appointed.

4. The parents, within 28 days of the date of this order, shall provide to the department the infor mation necessary to accurately calculate child support under section 61.30, Florida Statutes. The parents shall pay child support in accordance with Florida Statutes.

5. The legal custodian, or in the absence of the legal custodian, the department and its agents, are hereby authorized to provide consent for and to obtain ordinary and necessary medical and dental treatment and examination for the above child(ren) including blood testing deemed medically appro priate, and necessary preventive care, including ordinary immunizations and tuberculin testing.

6. Visitation with the child(ren) shall be as follows:...........................................................

7. The parents shall provide to the court and all parties identification and location information regarding potential relative placements.

8. IF THE PARENTS FAIL TO SUBSTANTIALLY COMPLY WITH THE CASE PLAN, THEIR PARENTAL RIGHTS MAY BE TERMINATED AND THE CHILD(REN)'S OUT-OF-HOME PLACEMENT MAY BECOME PERMANENT.

79. Special conditions: .............

810. This court retains jurisdiction over this matter to enter any other and further orders as may be deemed to be in the best interest and welfare of this/these child(ren).

911. If a Petition for Dependency is subsequently filed in this cause, the Arraignment Hearing is scheduled for .....(date)....., at .......... a.m./p.m. at .....(location of arraignment)...... The parents have a right to be represented by an attorney at the arraignment hearing and during the dependency proceedings.

ORDERED in ....................... County, Florida on .....(date)....., at .......... a.m./p.m.

Circuit Judge

FORM 8.966. ADJUDICATION ORDER -- DEPENDENCY

ORDER OF ADJUDICATION

THIS CAUSE came before this court on .....(date)....., under chapter 39, Florida Statutes, for adjudication of the Petition for Dependency filed by .....(petitioner's name)....... Present before the court were

….. .....(Name)....., Petitioner

….. .....(Name)....., Attorney for the petitioner

….. .....(Name)....., Attorney for the department

….. .....(Name)....., Department caseworker

….. .....(Name)....., Mother

….. .....(Name)....., Attorney for mother

….. .....(Name)....., Father of .....(child).....

….. ....(Name)....., Attorney for father

….. .....(Name)....., Guardian ad litem

….. .....(Name)....., Attorney for guardian ad litem

….. .....(Name)....., Legal custodian

….. .....(Name)....., Attorney for legal custodian

….. …..(Name)…, Minor child(ren)

….. …..(Name)…, Attorney ad litem for minor child(ren)

….. .....(Name)....., Other ……….

The court having heard testimony and argument and being otherwise fully advised in the premises finds:

1. That the minor child(ren) who is/are the subject matter of these proceedings, is/are dependent within the meaning and intent of chapter 39, Florida Statutes, and is/are (a) resident(s) of the State of Florida.

2. The mother, .....(name).....:

..... was ..... was not noticed of this hearing;

.... .did not appear, and the court:

..... entered a Consent for failure to appear after proper notice.

..... did not enter a Consent for failure to appear after proper notice.

..... appeared with counsel;

..... appeared without counsel and:

..... was ..... was not advised of her right to legal counsel,

...... knowingly, intelligently, and voluntarily waived ..... did not waive her right to legal counsel and

..... was ..... was not determined to qualify as indigent and

..... was ..... was not appointed an attorney.

3. The father, .....(name).....:

..... was ..... was not noticed of this hearing;

..... did not appear, and the court:

..... entered a Consent for failure to appear after proper notice.

..... did not enter a Consent for failure to appear after proper notice.

..... appeared with counsel;

..... appeared without counsel and:

..... was ..... was not advised of his right to legal counsel,

..... knowingly, intelligently, and voluntarily ..... waived ..... did not waive his right to legal counsel and

..... was ..... was not determined to qualify as indigent and

..... was ..... was not appointed an attorney.

…….. 4. That the child(ren) is/are dependent within the meaning and intent of chapter 39, Florida Statutes, in that the mother, ....(name)....., abused, neglected or abandoned the minor child(ren) by ............................................................................................

These facts were proven by ..... preponderance of the evidence ...... clear and convincing evidence.

…….. 5. That the child(ren) is/are dependent within the meaning and intent of chapter 39, Florida Statutes, in that the father, .....(name)....., abused, neglected or abandoned the minor child(ren) by .......................................................................................

These facts were proven by ..... preponderance of the evidence ...... clear and convincing evidence.

COMMENT: Use 6, 7, and 8 only if the child is in out-of-home placement.

6. That the Court finds that it is in the best interest of the child(ren) to remain in out-of-home care.

7. That every reasonable effort was made to eliminate the need for placement of the child(ren) in out-of-home care but the present circumstances of the child(ren) and the ..... mother ..... father are such that out-of-home care is the only way to ensure the health, safety, and well being of the child(ren), in that ..............................

8. That the child(ren)'s placement in .....(type of placement)..... is in a setting which is as family like and as close to the home as possible, consistent with the child(ren)'s best interests and special needs.

9. That returning the minor child(ren) to the custody of .....(person who had previous legal custody)..... would be contrary to the best interest and welfare of the minor child(ren).

10. The Court inquired of any parents present whether they have relatives who might be considered for placement of the child(ren).

THEREFORE, based upon the foregoing findings, it is ORDERED AND ADJUDGED that:

1. The minor child(ren), ......(name(s))....., is/are adjudicated dependent.

2. The child(ren) shall remain in the care and custody of

..... the department in shelter care

..... other .....(name).....

pending disposition.

3. The parents shall provide to the Court and all parties identification and location information regarding potential relative placements.

4. THE COURT ADVISED THE PARENTS THAT IF THE PARENTS FAIL TO SUBSTANTIALLY COMPLY WITH THE CASE PLAN THEIR PARENTAL RIGHTS MAY BE TERMINATED AND THE CHILD(REN)'S OUT-OF-HOME PLACEMENT MAY BECOME PERMANENT.

35. This court shall retain jurisdiction over this cause to enter any such further orders that may be deemed necessary for the best interest and welfare of the minor child(ren).

46. All prior orders not inconsistent with the present order shall remain in full force and effect.

57. Disposition is scheduled for .....(date)....., at ...... a.m./p.m.

DONE AND ORDERED on .....date...... at .....(city)....., Florida.

Circuit Judge

NOTICE OF HEARING

The Juvenile Court hereby gives notice of hearing in the above styled cause on .....(date)..... at ..... a.m./p.m., before .....(judge)....., at .....(location)....., or as soon thereafter as counsel can be heard.

In accordance with the Americans With Dis abilities Act, persons needing a special accommo dation to participate in this proceeding should contact the Office of the Court Administrator no later than 7 days before the proceeding at .....(telephone number)......

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to: