Amendments to the Rules of Juvenile Procedure.

The Florida Supreme Court recently adopted amendments to the Florida Rules of Juvenile Procedure. See In re Amends. Fla. Rules Juv. Pro.-2017 Fast-Track Report, No. SC17-2040 (Fla. Feb. 1, 2018). The amendments are in response to recent legislation. See ch. 2017-8, [section][section] 3, 8, Laws of Fla. (amending [section] 39.701(3) (a), Fla. Stat.; effective May 1, 2017); ch. 2017-151, [section][section] 3, 7, 10, 12-13, 17, 21, 46, Laws of Fla. (amending [section][section] 39.013(2), 39.402(8)(c), 39.507(7)(b), 39.521(1)(a), 39.522(2), (3), 39.6035(4), 39.801(3)(a), Fla. Stat.; effective July 1, 2017). The court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/opinions.shtml. All comments must be filed with the court on or before April 2 with a certificate of service verifying that a copy has been served on the committee chair, Kara Ann Fenlon, 301 S. Monroe Street, Suite 401, Tallahassee 32301-1861, Kara.Fenlon@flpd2.com, and on the Bar staff liaison to the committee, Mikalla Andies Davis, 651 E. Jefferson Street, Tallahassee 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 chair has until April 23 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 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 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE - 2017 FASTTRACK REPORT, CASE NO. SC17-2040

RULE 8.305. SHELTER PETITION, HEARING, AND ORDER

(a) [No Change]

(b) Shelter Hearing.

(1)-(8) [No Change]

(9) If the identity of a parent is unknown, the court must conduct the inquiry required by law.

(910) The court shall inquire of the parents whether the parents have relatives who might be considered for placement of the child. The parents shall provide to the court and all parties identification and location information regarding the relatives. The court shall advise the parents that the parents have a continuing duty to inform the department of any relative who should be considered for placement of the child.

([begin strikethrough]10[end strikethrough]11) The court shall advise the parents that if the parents fail to substantially comply with the case plan their parental rights may be terminated and the child's out-of-home placement may become permanent.

([begin strikethrough]11[end strikethrough]12) The court must request that the parents consent to provide access to the child's medical and educational records and provide information to the court, the department, or its contract agencies, and any guardian ad litem or attorney for the child. If a parent is unavailable, is unable to consent, or withholds consent and the court determines access to the records and information is necessary to provide services for the child, the court shall issue an order granting access.

([begin strikethrough]12[end strikethrough]13) The court may order the parents to provide all known medical information to the department and to any others granted access.

([begin strikethrough]13[end strikethrough]14) If the child has or is suspected of having a disability and the parent is unavailable pursuant to law, the court must appoint a surrogate parent or refer the child to the district school superintendent for appointment of a surrogate parent.

([begin strikethrough]14[end strikethrough]15) If the shelter hearing is conducted by a judge other than a judge assigned to hear dependency cases, a judge assigned to hear dependency cases shall hold a shelter review on the status of the child within 2 working days after the shelter hearing.

(c)-(d) [No Change]

RULE 8.325. ANSWERS AND PLEADINGS

(a)-(b) [No Change]

(c) Admission of or Consent to Dependency. The parent or legal custodian may admit or consent to a finding of dependency. The court shall determine that any admission or consent to a finding of dependency is made voluntarily and with a full understanding of the nature of the allegations and the possible consequences of the admission or consent, and that the parent has been advised of the right to be represented by counsel. The court shall incorporate these findings into its order in addition to findings of fact specifying the act or acts causing dependency, by whom committed, and facts on which the findings are based. [begin strikethrough]If the answer admits the allegations of the petition it shall constitute consent to a predisposition study.[end strikethrough]

RULE 8.335. ALTERNATIVES PENDING DISPOSITION

If the court finds that the evidence supports the allegations of the petition, it may make a finding of dependency as provided by law. If the [begin strikethrough]predisposition and other[end strikethrough] reports required by law are available, the court may proceed to disposition or continue the case for a disposition hearing. If the case is continued, the court may refer the case to appropriate agencies for additional study and recommendation. The court may order the child continued in placement, designate the placement or the agency that will be responsible for the child's placement, and enter such other orders deemed necessary to protect the health, safety, and wellbeing of the child, including diagnosis, evaluation, treatment, and visitation.

RULE 8.340. DISPOSITION HEARINGS

(a)-(b) [No Change]

(c) Orders of Disposition. The court shall in its written order of disposition include:

(1)-(9) [No Change]

(10) approval of the case plan and any reports required by law as filed with the court. If the court does not approve the case plan at the disposition hearing, the court must set a hearing within 30 days after the disposition hearing to review and approve the case plan.

Committee Notes

[No Change]

RULE 8.345. POST-DISPOSITION RELIEF

(a) Motion for Modification of Placement. A child who has been placed in his or her own home, in the home of a relative, or in some other place, under the supervision or legal custody of the department, may be brought before the court by the department or any interested person on a motion for modification of placement. If neither the department, the child, the parents, the legal custodian, nor any appointed guardian ad litem or attorney ad litem object to the change, then the court may enter an order making the change in placement without a hearing. If the department, the child, the parents, the legal custodian, or any appointed guardian ad litem or attorney ad litem object to the change of placement, the court shall conduct a hearing and thereafter enter an order changing the placement, modifying the conditions of placement, continuing placement as previously ordered, or placing the child with the department or a licensed child-caring agency.

(1) In cases in which the issue before the court is whether a child should be reunited with a parent, and the child is currently placed with someone other than a parent, the court must review the conditions for return and determine whether [begin strikethrough]the parent has substantially complied with the terms of the case plan[end strikethrough]circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health [begin strikethrough]of the child is not endangered by the return of the child to the home.[end strikethrough]

(2) In cases in which the issue before the court is whether a child who is placed in the custody of a parent should be reunited with the other parent upon a finding [begin strikethrough]of substantial compliance with the terms of the case plan[end strikethrough]that the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home of the other parent with an in-home safety plan prepared or approved by the department will not be detrimental to the child, the court must determine that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child.

(b) [No Change]

RULE 8.347. MOTION TO SUPPLEMENT ORDER OF ADJUDICATION, DISPOSITION ORDER, AND CASE PLAN

(a)-(d) [No Change]

(e) Notice.

(1) In General. Parents or legal custodians who have previously been properly served with the dependency petition or who have previously appeared in the dependency proceeding shall be served with a notice of hearing and copies of the motion and the initial order of adjudication of dependency in the same manner as the service of documents that are filed after the service of the initial dependency petition as provided in these rules. The notice shall require the person on whom it is served to appear for the preliminary hearing on the motion at a time and...