Supreme Court of Florida

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No. SC22-1674

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IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE 

PROCEDURE 8.013 AND 8.350.

January 5, 2023

PER CURIAM.

The Juvenile Court Rules Committee (Committee) has filed a 

fast-track report proposing amendments to Florida Rules of 

Juvenile Procedure 8.013 (Detention Petition and Order) and 8.350 

(Placement of Child into Residential Treatment Center After 

Adjudication of Dependency).1 The proposed amendments are in 

response to newly enacted legislation. See chs. 2022-55, 2022-181, 

Laws of Fla. The Board of Governors of The Florida Bar approved 

the proposed amendments to rule 8.013 by a vote of 32-10, and it 

unanimously approved the proposed amendments to rule 8.350. 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
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The Committee did not publish the proposals for comment before 

filing them with the Court. 

Having considered the Committee’s report and the relevant 

legislation, we hereby amend rules 8.013 and 8.350 as proposed by 

the Committee, except for the addition of proposed rule 8.013(c)(3), 

which is severed from this case and will be considered separately in 

In re Amendments to Florida Rule of Juvenile Procedure 8.013, No. 

SC23-1.

Rule 8.013 is amended to include new subdivisions (b) 

(Additional Requirements for Supervised Release Detention) and (c) 

(Additional Requirements for Secure Detention). New subdivision 

(b) requires that all motions to extend supervised release detention 

be in writing, and that if a child is placed on supervised release 

detention prior to an adjudicatory hearing, a court must conduct a 

hearing within 15 days of the 60th day of detention. New 

subdivision (c): (1) requires that a motion to extend a child’s secure 

detention be in writing and heard by a court before expiration of the 

current period of detention; (2) permits a court to order the 

continued detention of a child upon written findings if the child 

meets the criteria for continued detention; and (3) directs a court to 
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order that an adjudicatory hearing commence as soon as 

reasonably possible.

Next, the title of rule 8.350 is amended to read “Placement of 

Child into Residential Treatment Program,” and references 

throughout the rule to “residential treatment center,” “residential 

treatment center or hospital,” and “residential mental health 

treatment facility” are replaced with “residential treatment 

program.” Subdivision (a)(3) of the rule is amended to require the 

Department of Children and Families to provide a copy of the 

qualified evaluator’s assessment of a child’s suitability for 

placement in a residential treatment program to the court and all 

parties within five days of its receipt.

Accordingly, 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 
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adoption, interested persons shall have 75 days from the date of 

this opinion in which to file comments with the Court.2

It is so ordered.

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL, and 

GROSSHANS, JJ., concur.

FRANCIS, J., did not participate.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

2. All comments must be filed with the Court on or before

March 21, 2023, with a certificate of service verifying that a copy 

has been served on the Committee Chair, Stephanie C. 

Zimmerman, DCF Children’s Legal Services, 1301 6th Avenue West, 

Suite 101, Bradenton, Florida 34205, 

stephanie.zimmerman@myflfamilies.com, and on the Bar Staff 

Liaison to the Committee, Michael Hodges, 651 E. Jefferson Street, 

Tallahassee, Florida 32399-2300, mhodges@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 Committee Chair has until April 11, 

2023, 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 (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. 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, 

Florida 32399-1927.
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Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, 

Bradenton, Florida, Joshua E. Doyle, Executive Director, The 

Florida Bar, Tallahassee, Florida, Elizabeth Clark Tarbert and 

Michael Hodges, Staff Liaisons, The Florida Bar, Tallahassee, 

Florida,

for Petitioner
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Appendix

RULE 8.013. DETENTION PETITION AND ORDER

(a) Time Limitation. No child taken into custody shall be 

detained, as a result of the incident for which taken into custody, 

longer than as provided by law unless a detention order so directing 

is made by the court following a detention hearing.

(b) Additional Requirements for Supervised Release 

Detention.

(1) All motions to extend detention as provided by law must be 

in writing and filed with the court.

(2) For a child who is placed on supervised release detention 

care prior to an adjudicatory hearing the court must conduct a 

hearing within 15 days after the 60th day. Upon written findings as 

provided by law, the court may order the child to continue on 

supervised release detention until the adjudicatory hearing is 

completed.

(c) Additional Requirements for Secure Detention.

(1) All motions to extend detention as provided by law must be

in writing and filed with the court.

(2) A written motion to extend secure detention must be heard 

before the expiration of the current period to determine the need for 

continued secure detention care. If the child meets the criteria for 

continued secure detention as provided by law, the court may order 

the child to continue secure detention upon the required written 

findings. The court must order that the adjudicatory hearing 

commence as soon as reasonably possible.

(bd) Petition. The detention petition shall:

(1)-(4) [No change]
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(5) recommend the place where the child is to be 

detained or the agency to be responsible for the detention; and

(6) be signed by an authorized agent of the Department 

of Juvenile Justice or by the state attorney or assistant state 

attorney; and

(7) state the conditions, if any, being requested that are 

necessary to preserve public safety or to ensure the child’s safety or 

appearance in court.

(ce) Order. The detention order shall:

(1)-(9) [No change]

RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL 

TREATMENT CENTER AFTER ADJUDICATION 

OF DEPENDENCYPROGRAM

(a) Placement.

(1) Treatment CenterProgram Defined. Any reference in 

this rule to a residential treatment centerprogram is to a placement 

for observation, diagnosis, or treatment of an emotional disturbance 

in a residential treatment center or facility licensed under section 

394.875, Florida Statutes, for residential mental health treatment. 

Any reference to hospital is toor a hospital licensed under chapter 

395, Florida Statutes, for residential mental health treatment. This 

rule does not apply to placement under sections 394.463 or 

394.467, Florida Statutes.

(2) Basis for Placement. The placement of any child who 

has been adjudicated dependent for residential mental health 

treatment shallmust be as provided by law.

(3) Assessment by Qualified Evaluator. Whenever the 

department believes that a child in its legal custody may require 

placement in a residential treatment center or hospitalprogram, the 

department shallmust arrange to have the child assessed by a 

qualified evaluator as provided by law and shallmust file notice of 
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this with the court and all parties. UponOn the filing of this notice 

by the department, the court shallmust appoint a guardian ad litem 

for the child, if one has not already been appointed, and shallmust

also appoint an attorney for the child. All appointments pursuant 

tounder this rule shallmust conform to the provisions of rule 8.231. 

Both the guardian ad litem and attorney shallmust meet the child 

and shallmust have the opportunity to discuss the child’s suitability 

for residential treatment with the qualified evaluator conducting the 

assessment. UponOn the completion of the evaluator’s written 

assessment, the department shallmust provide a copy to the court 

and to all parties within 5 days after the department’s receipt of the 

assessment. The guardian ad litem shallmust also provide a written 

report to the court and to all parties indicating the guardian ad 

litem’s recommendation as to the child’s placement in residential 

treatment and the child’s wishes.

(4) Motion for Placement. If the department seeks to 

place the child in a residential treatment center or hospitalprogram, 

the department shallmust immediately file a motion for placement 

of the child with the court. This motion shallmust include a 

statement as to why the child is suitable for this placement and 

why less restrictive alternatives are not appropriate and also 

shallmust include the written findings of the qualified evaluator. 

The motion shallmust state whether all parties, including the child, 

are in agreement. Copies of the motion must be served on the 

child’s attorney and all parties and participants.

(5) Immediate Placement. If the evaluator’s written 

assessment indicates that the child requires immediate placement 

in a residential treatment center or hospitalprogram and that such 

placement cannot wait for a hearing, then the department may 

place the child pending a hearing, unless the court orders 

otherwise.

(6) [No change]

(7) Status Hearing. UponOn the filing of a motion for 

placement, the court shallmust set the matter for a status hearing 

within 48 hours, excluding weekends and holidays. The department 
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shallmust timely provide notice of the date, time, and place of the 

hearing to all parties and participants.

(8) Notice of Hearing. The child’s attorney or guardian 

ad litem shallmust notify the child of the date, time, and place and 

communication technology information for the hearing. No hearing 

shallmay proceed without the presence of the child’s attorney. The 

guardian ad litem may be excused by the court for good cause 

shown.

(9) Disagreement with Placement. If no party disagrees 

with the department’s motion at the status hearing, then the 

motion for placement may be approved by the court. However, if 

any party, including the child, disagrees, then the court shallmust

set the matter for hearing within 10 working days.

(10) Presence of Child. The child shallmust be present at 

the hearing unless the court determines pursuant tounder

subdivision (c) that a court appearance is not in the child’s best 

interest. In such circumstances, the child shallmust be provided 

the opportunity to express his or her views to the court by a method 

deemed appropriate by the court. 

(11) Hearing on Placement.

(A) At the hearing, the court shallmust consider, 

at a minimum, all of the following:

(i) based on an independent assessment of 

the child, the recommendation of a department representative or 

authorized agent that the residential treatment or hospitalization is 

in the child’s best interest and a showing that the placement is the 

least restrictive available alternative;

(ii)-(iv) [No change]

(B) All parties shallmust be permitted to present 

evidence and witnesses concerning the suitability of the placement.
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(C) If the court determines that the child is not 

suitable for residential treatment, the court shallmust order the 

department to place the child in the least restrictive setting that is 

best suited to meet the child’s needs.

(b) Continuing Residential Placement Reviews.

(1) The court shallmust conduct a hearing to review the 

status of the child’s residential treatment plan no later than 60 

days after the child’s admission to the residential treatment 

program. An independent review of the child’s progress toward 

achieving the goals and objectives of the treatment plan must be 

completed by a qualified evaluator and submitted to the court, the 

child’s attorney, and all parties in writing at least 72 hours before 

the 60-day review hearing.

(2) Review hearings shallmust be conducted every 3 

months thereafter, until the child is placed in a less restrictive 

setting. At each 3-month review hearing, if the child is not 

represented by an attorney, the court shallmust appoint counsel. At 

the 3-month review hearing the court shallmust determine whether 

the child disagrees with continued placement.

(3) If the court determines at any hearing that the child 

is not suitable for continued residential treatment, the court 

shallmust order the department to place the child in the least 

restrictive setting that is best suited to meet the child’s needs.

(c) Presence of Child. The child shallmust be present at all 

court hearings unless the court finds that the child’s mental or 

physical condition is such that a court appearance is not in the 

child’s best interest. In such circumstances, the child shallmust be 

provided the opportunity to express his or her views to the court by 

a method deemed appropriate by the court.

(d) Standard of Proof. At the hearing, the court shallmust

determine whether the evidence supporting involuntary 

commitment of a dependent child to a residential mental health 

treatment facilitytreatment program is clear and convincing.