Supreme Court of Florida

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No. SC20-1153

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IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE 

PROCEDURE—2020 FAST-TRACK REPORT.

March 11, 2021

PER CURIAM.

This matter is before the Court for consideration of further amendments to 

the Florida Rules of Juvenile Procedure.1

 Previously in this case, The Florida 

Bar’s Juvenile Court Rules Committee (Committee) filed a “fast-track” report 

proposing amendments to the Florida Rules of Juvenile Procedure in response to 

recent legislation. See Fla. R. Jud. Admin. 2.140(e). The Court adopted the 

amendments as proposed by the Committee. In re Amends. to Fla. Rules of Juv. 

Proc.—2020 Fast-Track Report, 302 So. 3d 309 (Fla. 2020). 

Because the amendments were not published for comment prior to their 

adoption, interested parties were permitted to file comments with the Court after 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.
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their adoption. One comment was received, and the Committee filed a response. 

Upon consideration of the comment and response, the Court now further amends 

the Florida Rules of Juvenile Procedure as discussed below.

BACKGROUND

In the September 10, 2020, opinion in this case, the Court amended Florida 

Rules of Juvenile Procedure 8.225 (Process, Diligent Searches, and Service of 

Pleadings and Papers), 8.345 (Post-Disposition Relief), 8.400 (Case Plan 

Development), and 8.415 (Judicial Review of Dependency Cases). These 

amendments were in response to legislative changes to sections 39.0137, 39.522, 

39.6011, and 39.701, Florida Statutes (2019). See ch. 2020-65, § 2, Laws of Fla.; 

ch. 2020-138, §§ 5-7, Laws of Fla. The amendments included, but were not 

limited to, enumerating the factors that a court must consider when determining a 

change of child custody or placement and requiring written notice to parents and 

caregivers that they must work together towards the success of the case plan.

The amendments became effective immediately upon the release of the 

September 10, 2020, opinion. However, interested persons were given an 

opportunity to file comments with the Court after the amendments were adopted. 

One comment was filed suggesting additional amendments to rule 8.345 (PostDisposition Relief) and requesting further amendments to the Florida Rules of 

Juvenile Procedure in light of chapter 2020-138, section 10, Laws of Florida, 
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which created section 409.1415, Florida Statutes (2020), a statute that was not 

addressed in the Committee’s fast-track report. 

The Committee filed a response, wherein it agreed with the comment’s 

suggested amendments to rule 8.345. However, it declined to propose further 

amendments in response to section 409.1415. The Executive Committee of the 

Board of Governors of The Florida Bar (Board) unanimously approved the 

suggested amendment to rule 8.345(b)(1) (Generally). The proposed amendment 

adding new subdivision (3) (Removal from Home) to rule 8.345(b) (Standard for 

Changing Custody) was previously approved by the Board; however, the proposal 

was inadvertently omitted from the Committee’s fast-track report. 

Upon consideration of the comment and the Committee’s response, the 

Court adopts the additional amendments to rule 8.345 as requested by the 

Committee but declines to further amend the Florida Rules of Juvenile Procedure 

in response to section 409.1415.

AMENDMENTS

First, rule 8.345(b)(1) (Generally), which outlines the standard for changing 

custody of the child, was previously amended to list the factors that the court must

consider in determining whether a change of custody is in the child’s best interest. 

The rule is now amended, as suggested, by deleting “applying this standard, the 

court shall consider the continuity of the child’s placement in the same out-of-
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home residence as a factor when determining” so that the rule tracks the statutory 

language. Also, we adopt the grammatical changes to rule 8.345(b)(1) as 

suggested in the comment.

Additionally, new subdivision (3) (Removal from Home) is added to rule 

8.345(b) (Standard for Changing Custody), as suggested, to incorporate the 

legislative changes. Specifically, the new subdivision addresses the factors that 

must be used by a court when considering whether to remove a child who has been 

reunified with a parent pursuant to an in-home safety plan. 

CONCLUSION

Accordingly, Florida Rule of Juvenile Procedure 8.345 is 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 become effective immediately upon the release of this opinion.

It is so ordered.

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

and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure 

Matthew Charles Wilson, Chair, Florida Rules of Juvenile Procedure Committee, 

Crestview, Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies 

Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida, 
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for Petitioner

Robin L. Rosenberg on behalf of Florida’s Children First, Coral Springs, Florida,

Responding with comments
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APPENDIX

RULE 8.345. POST-DISPOSITION RELIEF

(a) [No Change]

(b) Standard for Changing Custody. 

(1) Generally. The standard for changing custody of the child shall 

be the best interests of the child. When determining whether a change of legal 

custody or placement is in applying this standard, the court shall consider the 

continuity of the child’s placement in the same out-of-home residence as a factor 

when determining the best interests of the child, the court shall consider:

(A) - (J) [No Change]

(2) [No Change]

(3) Removal from Home. In cases in which the issue before the 

court is whether to place a child in out-of-home care after the child was placed in 

the child’s own home with an in-home safety plan or the child was reunified with a 

parent or caregiver with an in-home safety plan, the court must consider, at a

minimum, the following factors in making its determination whether to place the 

child in out-of-home care: 

(A) The circumstances that caused the child’s 

dependency and other subsequently identified issues. 

(B) The length of time the child has been placed in the 

home with an in-home safety plan. 

(C) The parent’s or caregiver’s current level of protective 

capacities. 

(D) The level of increase, if any, in the parent’s or 

caregiver’s protective capacities since the child’s 

placement in the home based on the length of time the 

child has been placed in the home. 

(c) - (d) [No Change]