Opinion
No. SC05-1303.
November 17, 2005.
Alan Abramowitz, Chair, Juvenile Court Rules Committee, Daytona Beach, FL and Jonn F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, FL, for Petitioner.
The Florida Bar's Juvenile Court Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to the Florida Rules of Juvenile Procedure to conform the rules to recent legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla.R.Jud.Admin. 2.130(e).
The proposed amendments conform the rules to chapter 2004-362, section 2, Laws of Florida (amending § 39.701(6), Fla. Stat.); chapter 2005-65, section 2, Laws of Florida (amending § 39.407(3), Fla. Stat.); chapter 2005-179, section 1, Laws of Florida (amending § 39.013(2), Fla. Stat.); chapter 2005-245, section 1, Laws of Florida (amending § 39.5075, Fla. Stat.); chapter 2005-263, sections 1, 4, 6, and 7, Laws of Florida (amending §§ 985.03(46), 985.215(2), 985.231(1), 985.2311(1)(a), Fla. Stat.).
Under the Committee's "fast-track" procedure for considering new legislation, the Committee proposes amendments to existing rules 8.010 (Detention Hearing); 8.013 (Detention Petition and Order); and 8.415 (Judicial Review of Dependency Cases); and existing forms 8.929 (Detention Order); 8.947 (Disposition Order — Delinquency); and 8.970 (Order on Judicial Review). The Committee also proposes new rule 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained); and new forms 8.973 (Order on Judicial Review for Child Age 17 or Older); and 8.974 (Petition to Extend or Reinstate Court's Jurisdiction). The Executive Committee of The Florida Bar Board of Governors approved the proposed amendments by a vote of 10-0. In order to expedite the adoption of the proposed amendments, the Court did not publish the amendments prior to considering them. However, the Committee published the proposals in the August 1, 2005, edition of The Florida Bar News, indicating in its report that it would forward any comments received to the Court. No comments have been forwarded.
After considering the Committee's proposals and reviewing the relevant legislation, we amend the Rules of Juvenile Procedure as proposed by the Committee and reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. However, because the Court did not publish the amendments 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 Court.
An original and nine paper copies of all comments must be filed with the Court on or before January 17, 2006, with a certificate of service verifying that a copy has been served on the Committee Chair, Alan Abramowitz, 210 N. Palmetto Avenue, Suite 440, Daytona Beach, Florida 32114-3269, 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. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
APPENDIX
RULE 8.010. DETENTION HEARING
(a) — (e) [No Change]
(f) Issues. At this hearing the court shall determine the following:
(1) — (2) [No Change]
(3)The need to release the juvenile from detention and return the child to the child's nonresidential commitment program.
(g) [No Change]
RULE 8.013. DETENTION PETITION AND ORDER
(a) — (b) [No Change]
(c) Order. The detention order shall:
(1) — (3) [No Change]
(4)order that the child shall be held in detention and state the reasons therefore;, or, if appropriate, order that the child be released from detention and returned to his or her nonresidential commitment program;
(5) — (9) [No Change]
RULE 8.355. ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO A CHILD IN SHELTER CARE OR IN FOSTER CARE WHEN PARENTAL CONSENT HAS NOT BEEN OBTAINED (a) Motion for Court Authorization for Administration of Psychotropic Medications. (1) Whenever the department believes that a child in its physical or legal custody requires the administration of a psychotropic medication, and the child's parents or legal guardians have not provided express and informed consent as provided by law, the department or its agent shall file a motion with the court to authorize the administration of the psychotropic medication before the administration of the medication, except as provided in subdivision (c) of this rule. In all cases in which a motion is required, the motion shall include the following information: (A) The written report of the department describing the efforts made to enable the prescribing physician to obtain express and informed consent for providing the medication to the child and describing other treatments considered or recommended for the child; and (B) The prescribing physician's signed medical report, as required by law. (2) The department must serve a copy of the motion, and notify all parties of its proposed administration of psychotropic medication to the child in writing, or by whatever other method best ensures that all parties receive notification of the proposed action, within 48 hours after filing the motion for court authorization. (3) If any party objects to the proposed administration of the psychotropic medication to the child, that party must file its objection within 2 working days after being notified of the department's motion.
(b) Court Action on Department's Motion for Administration of Psychotropic Medication.(1) If no party timely files an objection to the department's motion, the court may enter its order authorizing the proposed administration of the psychotropic medication without a hearing. Based on its determination of the best interests of the child, the court may order additional medical consultation or require the department to obtain a second opinion within a reasonable time, not more than 21 calendar days. When the court orders an additional medical consultation or second medical opinion, the department shall file a written report including the results of this additional consultation or a copy of the second medical opinion with the court within the time required by the court, and shall serve a copy of the report as required by subdivision (a)(2) of this rule. (2) If any party timely files its objection to the proposed administration of the psychotropic medication to the child, the court shall hold a hearing as soon as possible on the department's motion. (A) At such hearing, the medical report of the prescribing physician is admissible in evidence. (B) At such hearing, the court shall ask the department whether additional medical, mental health, behavioral, counseling, or other services are being provided to the child that the prescribing physician considers to be necessary or beneficial in treating the child's medical condition, and which the physician recommends or expects to be provided to the child with the medication. (C) The court may order additional medical consultation or a second medical opinion, as provided in subdivision (b)(1) of this rule. (D) After considering the department's motion and any testimony received, the court may order that the department provide or continue to provide the proposed psychotropic medication to the child, on a determination that it is in the child's best interest to do so. (c) Emergency Situations. (1) Shelter Care. When a child is initially removed from the home and taken into custody under section 39.401, Florida Statutes, and the department continues to administer a current prescription of psychotropic medication to the child, the department shall request court authorization for the continued administration of the medication at the shelter hearing. This request shall be included in the shelter petition. (A) The department shall provide all information in its possession to the court in support of its request at the shelter hearing. The court may authorize the continued administration of the psychotropic medication only until the arraignment hearing on the petition for adjudication, or for 28 days following the date of the child's removal, whichever occurs first. (B) When the department believes, based on the required physician's evaluation, that it is appropriate to continue the psychotropic medication beyond the time authorized by the court at the shelter hearing, the department shall file a motion seeking continued court authorization at the same time as it files the dependency petition, within 21 days after the shelter hearing. (2) When Delay Would Cause Significant Harm. Whenever the department believes, based on the certification of the prescribing physician, that delay in providing the prescribed psychotropic medication to the child would, more likely than not, cause significant harm to the child, the department must submit a motion to the court seeking continuation of the medication within 3 working days after the department begins providing the medication to the child. (A) The motion seeking authorization for the continued administration of the psychotropic medication to the child shall include all information required in subdivision (a)(1) of this rule. The required medical report must also include the specific reasons why the child may experience significant harm, and the nature and the extent of the potential harm, resulting from a delay in authorizing the prescribed medication. (B) The department shall serve the motion on all parties within 3 working days after the department begins providing the medication to the child. (C) The court shall hear the department's motion at the next regularly scheduled court hearing required by law, or within 30 days after the date of the prescription, whichever occurs sooner. However, if any party files an objection to the motion, the court shall hold a hearing within 7 days. (3) In Emergency Psychiatric Placements. The department may authorize the administration of psychotropic medications to a child in its custody in advance of a court order in hospitals, crisis stabilization units, and in statewide inpatient psychiatric programs. Should the department do so, it must seek court authorization for the continued administration of the medication as required in subdivision (a) of this rule.
RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES
(a) — (e) [No change]
(f) Court Action.
(1) — (7) [No change]
(8) 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. (9) 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.
(8 10) The court shall enter a written order on the conclusion of the review hearing including a statement of the facts, those findings it was directed to determine by law, a determination of the future course of the proceedings, and the date, time, and place of the next hearing.
(g) [No Change]
Committee Notes [No Change] 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
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)3, 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 placement 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 985.2311, 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 courts 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 inquired, 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 residential 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, 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.
_____ placed in a maximum risk program because the child meets the criteria in section 985.313, Florida Statutes. The placement is for an indeterminate 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.
_____ JUVENILE PROBATION: The child is _____placed on/continued in_____ juvenile probation under supervision of _____the Department of Juvenile Justice/_____ (name)_____ for an indefinite period not to exceed the child's 19th birthday or the maximum term of imprisonment an adult could receive for each count listed above, whichever comes first.
_____ DISMISS: The case is dismissed.
_____ Disposition on each count is _____concurrent/consecutive_____
_____ This case disposition is _____concurrent/consecutive_____ with case number __________
GENERAL CONDITIONS OF JUVENILE PROBATION. The child shall abide by all of the following conditions:
1. The child shall obey all laws.
2. The child shall be employed full-time or attend school with no unexcused absences, suspensions, or disciplinary referrals.
3. The child shall not change or leave _____his/her______ residence, school, or place of employment without the consent of _____his/her_____ parents and juvenile probation officer.
4. The child shall answer truthfully all questions of _____his/her_____ juvenile probation officer and carry out all instructions of the court and juvenile probation officer.
5. The child shall keep in contact with the juvenile probation officer in the manner prescribed by the juvenile probation officer.
6. The child shall not use or possess alcoholic beverages or controlled substances.
SPECIAL CONDITIONS OF JUVENILE PROBATION. The child shall abide by all of the conditions marked below:
_____ Restitution is ordered. Parent and child are responsible, _____ jointly and severally.
_____ Amount is reserved.
_____ $__________ to be paid to _____(name)______ Payments shall begin _____(date)_____ and continue at the rate of $__________ each month.
_____ The court retains jurisdiction under Chapter 985, Florida Statutes, to enforce its restitution order, regardless of the age of the child.
_____ Community Service _____ hours are to be performed by the child at the rate of _____ hours per month. Written proof is to be provided to the juvenile probation officer.
_____ A letter of apology to be written by the child to _____(name)_____ within _____ days. The letter must be a minimum of _____ words.
_____ A _____ word essay to be written by the child on _____(subject)_____ and provided to the juvenile probation officer within 30 days.
_____ The child may have no __________ contact with victim(s), _____(name(s))______
_____ A _____mental health/substance abuse_____ evaluation to be completed by the child within _____ days. The child will attend and participate in every scheduled appointment and successfully attend and complete any and all recommended evaluations and treatment.
_____ The parent(s) _____is/are_____ to complete counseling in __________
_____ A curfew is set for the child at __________ p.m. Sunday through Thursday and __________ p.m. Friday and Saturday.
_____ The child's driver's license is _____suspended/revoked/withheld_____ for _____(time period)______
_____ The child is to complete a _____detention/jail/prison______ tour within _____ days.
_____ The child will be subject to random urinalysis.
_____ The child will be electronically monitored.
_____ The child will successfully complete all sanctions of the original juvenile probation order.
_____ Other:
________________________
_____ The child must pay court costs of $______
GUN CHARGES
_____ The court finds that one of the above charges involves the use or possession of a firearm and further ORDERS the following:
_____ The child's driver's license is _____suspended/revoked_____ for _____ 1/2 _____ years.
_____ The child is to serve _____5/10_____ days in the Juvenile Detention Center.
THE COURT FURTHER FINDS AND ORDERS:
_____ The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.
_____ The child _____has been adjudicated delinquent/has entered a plea of no contest/has entered a plea of guilty _____ to an offense under Chapter 794 or 800, sections 782.04, 784.045, 810.02, 812.133, 812.135, Florida Statutes, or any other offense specified in section 943.325, Florida Statutes, and the child is required to submit blood specimens under section 943.325, Florida Statutes.
_____ Under section 985.231(1)(b), Florida Statutes:
_____ the parent/legal guardian, _____(name)_____, shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, $5 per day for each day the child is in residential commitment.
_____ the parent/legal guardian, _____(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 on probation, nonresidential commitment, or conditional release.
_____ the parent/legal guardian, _____(name)_____, shall pay to the Department of Juvenile Justice, 2737 Centerview Drive, Tallahassee, FL 32399-3100, a REDUCED fee of $_____ per day for each day the child is in the custody of or supervised by the department. This reduced fee is based on the court's finding:
_____ that the parent/legal guardian was the victim of the delinquent act or violation of law for which the child is currently before the court and is cooperating in the investigation of the offense.
_____ of indigency or significant financial hardship. The facts supporting this finding are: _________________________
_____ The cost of care/supervision fee is WAIVED based on the court's finding:
_____ that the parent/legal guardian was the victim of the delinquent act or violation of law for which the child is currently before the court and is cooperating in the investigation of the offense.
_____ of indigency or significant financial hardship. The facts supporting this finding are: _________________________
_____ The parent/guardian, _____(name)_____, _____(address)_____, shall be liable for _____% of the payment. The parent/guardian, _____(name)_____, _____(address)_____, shall be liable for _____% of the payment.
The child is placed on notice that the court may modify the conditions of . . . . his/her . . . . juvenile probation at any time and may revoke the juvenile probation if there is a violation of the conditions imposed.
The parties are advised that an appeal is allowed within 30 days of the date of this order.
DONE AND ORDERED in _____(city)_____, __________ County, Florida on _____(date)_____, at _____ a.m./p.m.
______________________ Circuit Judge
Copies to: ____________________
FORM 8.970. ORDER ON JUDICIAL REVIEW
ORDER ON JUDICIAL REVIEW AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on _____(date)_____ for Judicial Review on the report filed by _____the Department of Children and Family Services in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
_____ _____(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)_____, The child
_____ _____(Name)_____, Attorney/Attorney ad litem for the child
_____ _____(Name)_____, Other: ____________________
and the court having considered:
_____ Judicial Review Social Study Report filed by the Department;
_____ Statement/homestudy filed by the Department;
_____ Report of the Guardian Ad Litem;
_____ Case plan filed by the Department;
_____ Statement by the Child's Caretaker;
_____ Whether or not the child is a citizen and, if the child is not a citizen, the steps that have been taken to address the citizenship or residency status of the child;
_____ Other: ____________________
AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter of these proceedings, was/were adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and is/aare resident(s) of the state of Florida.
2. The following parties were notified of this hearing and provided a copy of the documents filed for this hearing:
_____ _____(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)_____, Other: ____________________
3. The mother, _____(name)_____:
_____ did not appear and _____ was _____ was not represented by legal counsel;
_____ appeared _____ with _____ without legal 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.
4. The father, _____(name)_____:
_____ did not appear and _____ was_____ was not represented by legal counsel;
_____ appeared _____ with _____ without legal 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.
COMMENT: Repeat above for each father.
5. The department filed a judicial review report with the court on _____(date)______ This judicial review report _____ is _____ is not in compliance with the statutory requirements.
6. The following parents/legal custodians were notified of their right to participate in the preparation of the case plan and to receive assistance from any other person in the preparation of the case plan: _____(names of those notified)______
7. The mother has complied with the following tasks in the case plan: _____(list tasks complied with)______
8. The mother has not complied with the following tasks in the case plan: _____(list tasks not complied with)______
9. The father, _____(father's name)_____, has complied with the following tasks in the case plan: _____(list tasks complied with)______
10. The father, _____(father's name)_____, has not complied with the following tasks in the case plan: _____(list tasks not complied with)______
11. The mother _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)______
12. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)______
13. The department _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)_____
14. The mother_____ has _____ has not complied with court ordered financial support for the child as follows: _____(explanation of financial compliance)______
15. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered financial support for the child as follows: _____(explanation of financial compliance)______
16. The mother _____ has _____ has not complied with court ordered meetings with the department as follows: _____(explanation of meetings compliance)_____
17. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered meetings with the department as follows: _____(explanation of meetings compliance)_____
18. The department _____ has _____ has not complied with court ordered meetings with the parents as follows: _____(explanation of meetings compliance)______
COMMENT: Use 19, 20, 21, 22 if child(ren) is/are not placed in the home of a parent.
_____ 19. It is in the best interest of the minor child(ren) to be placed in the care and custody of _____(placement ordered)______
_____ 20. Placement of the minor child(ren) in the care and custody of _____(placement ordered)_____ 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.
_____ 21. Return of the minor child(ren) to the custody of _____(person(s) from whom child(ren) was/were originally removed)_____ would be contrary to the best interest and welfare of the minor child(ren). The child(ren) cannot safely _____remain _____return home with services and removal of the child(ren) is necessary to protect the child(ren).
_____ 22. Prevention or reunification services _____ were not _____ were indicated and are as follows: _____(services indicated)_____ Further efforts could not have shortened separation of this family because ____________________
COMMENT: Use 23 if child(ren) remain(s) or is/are returned to the parent(s).
_____ 23. The child(ren) can safely _____ remain with _____ be returned to _____(parent ( 's) (s') name(s))_____ as long as he/she/they comply(ies) with the following: ____________________
The safety, well-being, and physical, mental, and emotional health of the child(ren) is/ are not endangered by allowing the child(ren) to _____ remain _____ return home.
THEREFORE, based upon the foregoing findings, it is hereby ORDERED AND ADJUDGED that:
1. The minor child(ren), _____(name(s))_____, be placed in the custody of _____(name)_____, under supervision of the department.
2. The judicial review report filed by the department is:
_____ not accepted and a continuance was requested.
_____ accepted by the court.
3. Other: ____________________
4. All prior orders not inconsistent with the present order shall remain in full force and effect.
5. This court shall retain jurisdiction over this cause to enter any such further orders and as may be deemed necessary for the best interest and welfare of the minor child(ren).
6. This matter is scheduled for Judicial Review on _____(date)_____ at _____ (time)______
DONE AND ORDERED in ____________________, Florida, on _____(date)______
_______________________ 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 Disabilities Act, persons needing a special accommodation 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: ______________________
FORM 8.973. ORDER ON JUDICIAL REVIEW FOR CHILD AGE 17 OR OLDER
ORDER ON JUDICIAL REVIEW FOR CHILD OVER AGE 17 AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on______(date)_________ for Judicial Review on the report filed by the Department of Children and Family Services in this cause under chapter 39, Florida Statutes. The following persons appeared before the court:
_____ _____(Name)_____, Child
_____ _____(Name)_____, Attorney/Attorney ad Litem for the Child
_____ _____(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)_____, Other: ____________________
and the court having considered:
_____ Judicial Review Social Study Report filed by the Department;
_____ If the child has reached the age of 17, written verification that the child:
_____ Has been provided with a current Medicaid card and has been provided all necessary information concerning the Medicaid program;
_____ Has been provided with a certified copy of his or her birth certificate;
_____ Has a valid Florida drivers license or has been provided with a Florida identification card;
_____ Has been provided information relating to Social Security Insurance benefits, if the child is believed to be eligible;
_____ Has received a full accounting if there is a Master Trust for the child;
_____ Has been provided with information and training related to budgeting, interviewing, and parenting skills;
_____ Has been provided with information related to the Road-to-Independence Scholarship, including applications forms;
_____ Has been informed that if he or she is eligible for the Road-to-Independence Scholarship program, he or she may reside with the licensed foster family or group care provider with whom the child was residing at the time of attaining his or her 18th birthday or may reside in another licensed foster home or with a group care provider arranged by the department;
_____ Has an open bank account and has been provided with banking skills;
_____ Has been provided with information on public assistance and how to apply;
_____ Has been provided a clear understanding of where he or she will be living on his or her 18th birthday, how living expenses will be paid, and what educational program the child will be enrolled in;
_____ Has been provided with notice of his or her right to petition for the court's continuing jurisdiction for one year after his or her 18th birthday, and with information on how to obtain access to the court; and
_____ Has been encouraged to attend all judicial review hearings occurring after his or her 17th birthday.
_____ Statement/homestudy filed by the Department;
_____ Report of the Guardian Ad Litem;
_____ A case plan, dated __________, filed by the Department that includes information related to independent living services that have been provided since the child's 13th birthday or since the date the child came into foster care, whichever came later;
_____ Statement by the child's caretaker;
_____ Whether or not the child is a citizen and, if the child is not a citizen, the steps that have been taken to address the citizenship or residency status of the child;
_____ Other: ____________________ AND THE COURT having heard testimony and argument, and having been otherwise duly advised in the premises finds: 1. That the minor child(ren) who is/are the subject matter of these proceedings was/were adjudicated dependent, continue to be dependent, is/are of an age subject to the jurisdiction of the court, and is/are resident(s) of the state of Florida. 2. The following parties were notified of this hearing and provided a copy of the documents filed for this hearing:
_____ _____(Name)_____, Child
_____ _____(Name)_____, Attorney/Attorney ad Litem for the Child
_____ _____(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)_____, Other: ____________________ 3. The child has been given the opportunity to address the court with any information relevant to the child's best interests. 4. The mother, _____(name)_____:
_____ did not appear and _____ was _____ was not represented by legal counsel;
_____ appeared _____ with _____ without legal 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. 5. The father, _____(name)_____:
_____ did not appear and _____ was _____ was not represented by legal counsel;
_____ appeared _____ with _____ without legal 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.
COMMENT: Repeat above for each father. 6. The department filed a judicial review report with the court on _____(date)______ This judicial review report _____ is _____ is not in compliance with the statutory requirements. 7. The following parents/legal custodians were notified of their right to participate in the preparation of the case plan and to receive assistance from any other person in the preparation of the case plan: _____ (names of those notified)_____ 8. The mother has complied with the following tasks in the case plan: _____(list tasks complied with)______ 9. The mother has not complied with the following tasks in the case plan: _____(list tasks not complied with)______ 10. The father, _____(father's name)_____, has complied with the following tasks in the case plan: _____(list tasks complied with)______ 11. The father, _____(father's name)_____, has not complied with the following tasks in the case plan: _____(list tasks not complied with)______ 12. The mother _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)______ 13. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)______ 14. The department _____ has _____ has not complied with court ordered visitation as follows: _____(explanation of visitation compliance)______ 15. The mother _____ has _____ has not complied with court ordered financial support for the child as follows: _____(explanation of financial compliance)______ 16. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered financial support for the child as follows: _____(explanation of financial compliance)______ 17. The mother _____ has _____ has not complied with court ordered meetings with the department as follows: _____(explanation of meetings compliance)______ 18. The father, _____(father's name)_____, _____ has _____ has not complied with court ordered meetings with the department as follows: _____(explanation of meetings compliance)______ 19. The department _____ has _____ has not complied with court ordered meetings with the parents as follows: _____(explanation of meetings compliance)_____
COMMENT: Use 20, 21, 22 23 if child(ren) is/are not placed in the home of a parent.
_____ 20. It is in the best interest of the minor child(ren) to be placed in the care and custody of _____(placement ordered)______
_____ 21. Placement of the minor child(ren) in the care and custody of _____(placement ordered)_____ 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.
_____ 22. Return of the minor child(ren) to the custody of _____(person(s) from whom child(ren) was/were originally removed) _____ would be contrary to the best interest and welfare of the minor child(ren). The child(ren) cannot safely _____ remain _____ return home with services and removal of the child(ren) is necessary to protect the child(ren).
_____ 23. Prevention or reunification services _____ were not _____ were indicated and are as follows: _____(services indicated)______ Further efforts could not have shortened separation of this family because
COMMENT: Use 24 if child(ren) remain(s) or is/are returned to the parent(s).
_____ 24. The child(ren) can safely _____ remain with _____ be returned to _____(parent('s) (s) name(s))_____ as long as he/she/they comply(ies) with the following: ____________________ The safety, well-being, and physical, mental, and emotional health of the child(ren) are not endangered by allowing the child(ren) to _____ remain _____ return home.
_____ 25. The child's petition and application for special immigrant juvenile status or other immigration decision remains pending.
_____ 26. The department _____ has _____ has not complied with its obligation as specified in the written case plan or in the provision of independent living services as required by Florida Statutes.
THEREFORE, based upon the foregoing findings, it is hereby ORDERED AND ADJUDGED that: 1. The minor child(ren), _____(name(s))_____, be placed in the custody of _____(name)_____, under supervision of the department. 2. The judicial review report filed by the department is:
_____ not accepted and a continuance was requested._____ accepted by the court. 3. Other: ____________________ 4. All prior orders not inconsistent with the present order shall remain in full force and effect. 5. This court shall retain jurisdiction over this cause to enter any such further orders as may be deemed necessary for the best interest and welfare of the minor child(ren). _____ 6. This court shall retain jurisdiction until the final decision is rendered by the federal immigration authorities, or upon the immigrant child's 22nd birthday, whichever shall first occur. _____ 7. This court shall retain jurisdiction until the child's 19th birthday 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. 8. This matter is scheduled for Judicial Review on _____(date)_____ at _____(time)______ DONE AND ORDERED in ____________________, Florida, on _____(date)______
_________________________ 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 Disabilities Act, persons needing a special accommodation 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: =========================
FORM 8.974 PETITION TO EXTEND OR REINSTATE COURT'S JURISDICTION
PETITION TO EXTEND JURISDICTION OR TO REINSTATE JURISDICTION AND TO SCHEDULE HEARING I, _____(name, address, and date of birth)_____ request the court, under section 39.013(2), Florida Statutes to _____ extend jurisdiction, or _____ reinstate jurisdiction,
and to schedule a hearing in this matter. 1. I am currently or was on my 18th birthday in the legal custody of the Department of Children and Family Services. 2. _____ a. I am requesting that the court review the aftercare support, Road-to-Independence scholarship, transitional support, mental health services, and/or developmental disability services to the extent authorized by law. _____ b. A petition for special immigrant juvenile status has been filed on my behalf and the application will not be granted by the time I reach 18 years of age. Wherefore, I Request This Court Extend Or Reinstate Jurisdiction In This Case And Schedule A Hearing As Soon As Possible.
_________________________ _____(name)_____ _____(address)_____ _____(phone number)_____