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 I……..

RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES

(a) – (e) [No Change]

(f) Court Action.

(1) The court shall hold a hearing to review the compliance of the parties with the case plan and to deter mine what assigned tasks were and were not accom plished and the reasons for any non achieve ment.

(2) If the court finds that the parents have substantially complied with the case plan, the court shall return the child to the custody of the parents if the court is satisfied that reunification will not be detrimental to the child's safety, well-being, or physical, mental, or emotional health.

(3) If the court finds that the social service agency has not complied with its obligations, the court may find the social service agency to be in contempt, shall order the social service agency to submit its plan for com pliance with the case plan, and shall require the social service agency to show why the child could not be safely returned to the home of the parents. If the court finds that the child could not be safely returned to the parents, it shall extend the case plan for a period of not more than 6 months to allow the social service agency to comply with its obligations under the case plan.

(4) At any judicial review held under section 39.701(6), Florida Statutes, if, in the opinion of the court, the department has not complied with its obligations as specified in the written case plan or in the provision of independent living services as required by sections 39.701(6) and 409.1451, Florida Statutes, the court shall issue a show cause order. If cause is shown for failure to comply, the court shall give the department 30 days within which to comply and, on failure to comply with this or any subsequent order, the court may hold the department in contempt.

(5) If, at any judicial review hearing, regardless of the expiration date of the case plan, the court finds that the parents have not substantially com plied with the case plan to the degree that further reunification efforts are without merit, the court may order the social service agency to initiate a termination of parental rights proceeding. If the court finds that an order initiating a termination of parental rights pro ceeding would not be in the child's best interests; that the parents in good faith attempted to comply with the terms of the plan but need more time to accomplish their assigned tasks and believes the parents will accomplish them; or, by clear and con vincing proof, that the situation of the child is so extraordinary that the case plan should be extended, the court may extend the time limitation for the plan or modify the terms of the plan. No plan shall be extended for a period longer than 6 months. At the expiration of the extended plan, the court shall again review the child's status.

(65) When a child is returned to the parents, the court shall not terminate its jurisdiction over the child until 6 months after the return. Based on a report of the department and any other relevant factors, the court shall then determine whether jurisdiction should be continued or terminated. If its jurisdiction is to be terminated, it shall enter an order to that effect.

(76) When a child has not been returned to the parent, but has been per ma nently committed to the department for subsequent adoption, the court shall continue to hold judicial review hearings on the status of the child at least every 6 months until the adoption is finalized. These hearings shall be held in accordance with these rules.

(87) If a youth in the legal custody of the department immediately before his or her 18th birthday petitions the court at any time before his or her 19th birthday requesting the court's continued jurisdiction, the court may retain or reinstate jurisdiction for a period of time not to continue beyond the date of the youth's 19th birthday. This continued jurisdiction is for the purpose of determining whether appropriate aftercare support, Road-to-Independence Scholarship, transitional support, mental health, and developmental disability services have been provided to the youth.

(98) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings shall be set solely for the purpose of determining the status of the petition and application. The court's jurisdiction shall terminate on the final decision of the federal authorities, or on the immigrant child's 22nd birthday, whichever occurs first.

(109) The court shall enter a written order on the conclusion of the review hearing including a state ment of the facts, those findings it was directed to deter mine by law, a determination of the future course of the proceedings, and the date, time, and place of the next hearing.

(g) [No Change]

(h) Concurrent Planning.

(1) At the initial judicial review hearing, the court shall 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.

(2) If the court makes a written finding that it is not likely that the child will be reunified with the parent or legal custodian within 12 months after the child was removed from the home, the department must file a motion to amend the case plan and declare that it will use concurrent planning for the case plan.

(3) The department must file the motion to amend the case plan no later than 10 business days after receiving the written finding of the court and attach the proposed amended case plan to the motion.

(4) If concurrent planning is already being used, the case plan must document the efforts the department is making to complete the concurrent goal.

Committee Notes

[No Change]

RULE 8.420. CASE PLAN AMENDMENTS

(a) Modifications. After the case plan has been developed, the tasks and services agreed upon in the plan may not be changed or altered except as follows.

(1) The case plan may be amended at any time to change the goal of the plan, employ the use of concurrent planning, add or remove tasks the parent must complete to substantially comply with the plan, provide appropriate services for the child, and update the child's health, mental health, and education records.

(2) The case plan may be amended on approval of the court if all parties are in agreement regarding the amendments to the plan and the amended plan is signed by all parties and submitted to the court with a memorandum of explanation.

(3) The case plan may be amended by the court or on motion of any party at any hearing to change the goal of the plan, employ the use of concurrent planning, or add or remove the tasks the parent must complete in order to substantially comply with the plan, if there is a preponderance of evidence demonstrating the need for the amendment.

(4) The case plan may be amended by the court or on motion of any party at any hearing to provide appropriate services to the child if there is competent evidence demonstrating the need for the amendment.

(5) The case plan is deemed amended as to the child's health, mental health, and education records when the child's updated health and education records are filed by the department.

(b) Basis to Amend the Case Plan. The need to amend the case plan may be based on information discovered or circumstances arising after the approval of the case plan for:

(1) a previously unaddressed condition that, without services, may prevent the child from safely returning to or remaining in the home;

(2) the child's need for permanency;

(3) the failure of a party to substantially comply with a task in the original case plan, including the ineffectiveness of a previously offered service;

(4) an error or oversight in the case plan; or

(5) information discovered or circumstances arising after the approval of the plan regarding the provision of safe and proper care for the child.

(c) Service. A copy of the amended plan must be immediately given to all parties.

RULE 8.425. PERMANENCY HEARINGS

(a) Required Review. A permanency hearing must be held no later than 12 months after the date the child was removed from the home or no later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required, whichever occurs first. A permanency hearing must be held at least every 12 months for any child who continues to receive supervision from the department or awaits adoption.

(b) Determinations at Hearing.

(1) The court shall determine

(A) whether the current permanency goal for the child is appropriate or should be changed;

(B) when the child will achieve one of the permanency goals; and

(C) whether the department has made reasonable efforts to finalize the permanency plan currently in effect.

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

(A) reunification;

(B) adoption, if a petition for termination of parental rights has been or will be filed;

(C) permanent guardianship of a dependent child under section 39.6221, Florida Statutes;

(D) permanent placement with a fit and willing relative under section 39.6231, Florida Statutes; or

(E) placement in another planned permanent living arrangement under section 39.6241, Florida Statutes.

(3) The best interest of the child is the primary consideration in determining the permanency goal. The court must also consider the reasonable preference of the child if the court has found the child to be of sufficient intelligence, understanding, and experience to express a preference and any recommendation of the guardian ad litem.

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

(d) Permanency Order.

(1) The findings of the court regarding reasonable efforts to finalize the permanency plan must be explicitly documented, made on a case-by-case basis, and stated in the court order.

(2) The court shall 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 shall 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.

(4) If the court establishes a permanent guardianship for the child, the court's written order shall

(A) transfer parental rights with respect to the child relating to protection, education, care and control of the person, custody of the person, and decision-making on behalf of the child to the permanent guardian;

(B) list the circumstances or reasons why the child's parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;

(C) state the reasons why a permanent guardianship is being established instead of adoption;

(D) specify the frequency and nature of visitation or contact between the child and his or her parents, siblings, and grandparents; and

(E) require that the permanent guardian not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

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

(A) list the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;

(B) state the reasons why permanent placement with a fit and willing relative is being established instead of adoption;

(C) specify the frequency and nature of visitation or contact between the child and his or her parents, siblings, and grandparents; and

(D) require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

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

(A) The court must find that a more permanent placement, such as adoption, permanent guardianship, or placement with a fit and willing relative, is not in the best interests of the child.

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

(C) The court must find that the health, safety, and well-being of the child will not be jeopardized by such an arrangement.

(D) The court must find that compelling reasons exist to show that placement in another planned permanent living arrangement is the most appropriate permanency goal.

(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 shall 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) Recommendations for Sustaining Permanency. If the court approves a goal of placement with a fit and willing relative or another planned permanent living arrangement, the department and the guardian ad litem must provide the court with a recommended list and description of services needed by the child, and a recommended list and description of services needed by his or her caregiver.

RULE 8.430. MODIFICATION OF PERMANENCY ORDER

(a) Best Interests of Child. The permanency placement is intended to continue until the child reaches the age of majority and may not be disturbed absent a finding by the court that the circumstances of the permanency placement are no longer in the best interest of the child.

(b) Request for Modification by a Parent.

(1) If a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall first hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order. At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.

(2) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical and emotional health of the child. Factors that must be considered and addressed in the findings of fact of the order on the motion must include

(A) the compliance or noncompliance of the parent with the case plan;

(B) the circumstances which caused the child's dependency and whether those circumstances have been resolved;

(C) the stability and length of the child's placement;

(D) the preference of the child, if the child is of sufficient age and understanding to express a preference;

(E) the recommendation of the current custodian; and

(F) the recommendation of the guardian ad litem, if one has been appointed.

FORM 8.929. DETENTION ORDER

DETENTION HEARING ORDER

Pick up order for absconding from:

..... home detention

..... probation

..... commitment

..... other: ..................

Present before the court:

..... the child;

..... .....(name)....., Assistant State Attorney;

..... .....(name)....., Assistant Public Defender/defense attorney;

..... .....(name)....., parent/legal guardian;

..... .....(name)....., DJJ juvenile probation officer;

..... .....(name)....., Department of Children and Family Services

..... .....(name)....., guardian ad litem

DJJ Supervision status:

..... None

..... Home detention

..... Probation

..... Committed to ..... level

..... CINS/FINS

..... Conditional release

Other court involvement:

Dependency: ..... Yes ..... No ..... Unknown

Domestic relations: ..... Yes ..... No ..... Unknown

Domestic violence: ..... Yes ..... No ..... Unknown

The court finds that the child was taken into custody at ..... a.m./p.m., on .....(date)......

Probable cause that the child committed delinquent acts was:

.... found.

..... not found.

..... reset within 48 hours of custody.

Risk assessment instrument (RAI) score: .......... Score amended to: ..........

..... Meets detention criteria.

IT IS ORDERED that the above-named child be:

..... released to the custody of .....(name)......

..... held in secure detention for domestic violence charge under section 985.213(2)(b)3985.245, Florida Statutes. The court finds:

..... respite care is not available for the child; and

..... it is necessary to place the child in secure detention to protect the victim from injury.

..... detained by the Department of Juvenile Justice in

..... home detention.

..... home detention with electronic monitoring.

..... secure detention.

with the following special conditions:

..... attend school regularly.

..... attend evaluation as follows:

..... physical.

..... psychological.

..... ADM.

..... other .....................

..... no (..... harmful) contact with .....(name)......

..... drug testing.

..... no drug and alcohol use.

..... other: ....................

..... released from detention and returned to the child's nonresidential commitment program.

Reasons for court ordering more restrictive place ment than RAI score: ....................

It is FURTHER ORDERED that unless an adjudicatory hearing has begun or a subsequent modification order is entered, the child shall be released no later than 5:00 p.m. on .....(date)..... to .....(name(s))....., who is/are

..... the parent(s)

..... a relative

..... foster care

..... .................... program

..... .....him/her..... self

..... other .....................

IT IS FURTHER ORDERED under section 985.2311985.039, Florida Statutes

..... The parent/guardian of the child, .....(name)....., shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $5 per day for each day the juvenile is in secure detention.

..... The parent/guardian of the child, .....(name)....., shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $1 per day for each day the child is in home detention.

..... The parent/guardian of the child, .....(name)....., shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, a REDUCED rate of $..... per day for each day the child is in detention status. This reduced fee is based on the court's finding

..... that the parent/guardian was the victim of the delinquent act or violation of law for which the child is currently detained and is cooperating in the investigation of the offense; or

..... of indigency or significant financial hardship. The facts supporting this finding are: ....................

..... The parent/guardian of the child, .....(name)....., .....(address)....., shall be liable for .....% of the payment. The parent/guardian of the child, .....(name)....., .....(address)....., shall be liable for .....% of the payment.

..... The .....supervision fee/cost of care..... is WAIVED based on the court's finding

..... that the parent/guardian was the victim of the delinquent act or violation of law for which the child is currently detained and is cooperating in the investigation of the offense; or

..... of indigency or significant financial hardship. The facts supporting this finding are: ....................

If the child's case is dismissed or if the child is found not guilty of the charges or court order, then the parent/guardian shall not be liable for fees under this order.

Unless modified by subsequent notice, the NEXT COURT APPEARANCE:

..... will be at .....(time)..... on .....(date)..... at .....(location).......

..... is to be set.

Note: The child's parent/legal guardian shall advise Clerk's Office and DJJ of any address change.

..... Department of Juvenile Justice shall transfer the child to .................... Detention Center.

...... Other: ......................

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

Circuit Judge

Copies to: ....................

FORM 8.947. DISPOSITION ORDER -- DELINQUENCY

DISPOSITION ORDER

A petition was filed on .....(date)....., alleging .....(name)....., ..... age, to be a delinquent child. The court finds that it has jurisdiction of the proceedings.

Present before the court were:

..... the child;

..... .....(name)....., Assistant State Attorney;

..... .....(name)....., Assistant Public Defender/defense attorney;

..... .....(name)....., guardian;

..... .....(name)....., DJJ juvenile probation officer.

At the hearing on .....(date)....., after .....entry of a plea/an adjudicatory hearing....., the child was found to have committed the delinquent acts listed below:

Count Count Count Count

Charge .......... .......... .......... ..........

Lesser .......... .......... .......... ..........

Maximum .......... .......... .......... ..........

Degree .......... .......... .......... ..........

Guilty .......... .......... .......... ..........

Nolo contendere .......... .......... .......... ..........

Nolle prosse .......... .......... .......... ..........

Adjudicated .......... .......... .......... ..........

Adj. withheld .......... .......... .......... ..........

The predisposition report was .....received and considered/waived by the child......

The court, having considered the evidence and comments offered by those present, having in quired, and being otherwise fully advised in the premises ORDERS THAT:

..... Adjudication of delinquency is withheld.

..... The child is adjudicated delinquent and

..... committed to .....a licensed child-caring agency/the Department of Juvenile Justice..... for placement in .......... risk commitment program, for an indeterminate period, but no longer than the child's .....19th/21st..... birthday or the maximum term of imprisonment an adult may serve for each count listed above, except that a juvenile will not serve longer than six months in a nonresidential commitment program for a second degree misdemeanor, whichever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed in .....home detention care .....with/without..... electronic monitoring/secure detention..... until placement.

..... placed in the serious or habitual juvenile offender program because the child meets the criteria in section 985.31, Florida Statutes. The placement shall be for an indeterminate period but no longer than the maximum sentence allowed by law or the child's 21st birthday, which ever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed on .....home detention .....with/without..... elec tronic monitoring/secure detention..... until placement.

..... placed in a maximum risk program because the child meets the criteria in section 985.313985.465, Florida Statutes. The placement is for an inde terminate period of time but no longer than the maximum sentence allowed by law or the child's 21st birthday, whichever comes first. The child is allowed ..... days credit for time spent in secure detention or incarceration before this date. The child shall be placed on .....home detention .....with/without..... electronic monitoring/secure detention..... until placement.

..... The court has orally pronounced its reasons for adjudicating and committing this child.

..... The court retains jurisdiction to accept or reject the discharge of this child from commitment, as provided by law.

..... The child is placed on post-commitment juvenile probation.