IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE - 2018 FAST-TRACK REPORT.
Proceeding - Florida Rules of Juvenile Procedure
Neal Silverstein, Chair, Bradenton, Florida, and Kara Ann
Fenlon, Past Chair, Juvenile Court Rules Committee,
Tallahassee, Florida; and Joshua E. Doyle, Executive
Director, and Mikalla Andies Davis, Staff Liaison, The
Florida Bar, Tallahassee, Florida, for Petitioner
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 and adopt the amendments as proposed.
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.
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.
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.
(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.
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.).
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)).
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.).
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.
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
CANADY, CJ, and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA,
and LAWSON, JJ., concur.
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
8.305. SHELTER PETITION, HEARING, AND
(11) [No Change]
The court must request that the parents consent to provide
access to the child's medical records and to
the child's child care records, early education program
records, or other 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.
(15) [No Change]
(d) [No Change]