Supreme Court of Florida

____________

No. SC21-1681

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IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE

PROCEDURE—2021 FAST-TRACK REPORT.

February 3, 2022

PER CURIAM.

This matter is before the Court for consideration of proposed 

amendments to the Florida Rules of Juvenile Procedure. See Fla. R. 

Gen. Prac. & Jud. Admin. 2.140(e). We have jurisdiction. See art. 

V, § 2(a), Fla. Const.

The Florida Bar’s Juvenile Court Rules Committee (Committee) 

has filed a fast-track report proposing (1) amendments to Florida 

Rules of Juvenile Procedure 8.217 (Attorney Ad Litem), 8.305 

(Shelter Petition, Hearing, and Order), 8.345 (Post-Disposition 

Relief), and 8.415 (Judicial Review of Dependency Cases); (2) a new 

rule 8.540 (Motion to Reinstate Parental Rights); (3) a new form 

8.973A (Order on Judicial Review for Child Age 16); and (4) an 
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amendment to current form 8.973A and its redesignation as form 

8.973B (Order on Judicial Review for Child Age 17 or Older). 

The Florida Bar’s Board of Governors unanimously approved 

the Committee’s proposals. The Committee did not publish the 

proposals before filing them with the Court. Having considered the 

proposed amendments and relevant legislation, we hereby adopt the 

amendments as proposed, with one minor modification for

amending the form 8.973 orders. The more significant amendments 

are discussed below.

First, rule 8.217 is amended to conform with recent legislative 

changes to section 39.522(3)(c), Florida Statutes (2021), which now 

requires an attorney for the child (rather than an attorney ad litem)

to be appointed when a caregiver provides notice of objection to a 

change in the child’s physical custody placement. Thus, “Attorney 

for the Child” is added to the title of the rule, a sentence is added to 

subdivision (b) (Appointment), explaining that the court must 

appoint an attorney for a child who is the subject of a motion to 

modify custody, and the phrase “an attorney ad litem” is now

replaced with the phrase “any attorney appointed under this rule.” 

Additionally, a comment is added to the rule explaining that these
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changes were made in response to the statutory changes. Each 

rule change discussed herein includes such a comment.

Rule 8.305 (Shelter Petition, Hearing, and Order) is amended 

to conform with the newly enacted section 39.4021, Florida 

Statutes (2021), which articulates a prioritization for out-of-home 

placements, including fictive kin and nonrelatives. Accordingly, the 

phrase “fictive kin, or nonrelatives” is added throughout the rule. 

In addition, a new subdivision (c)(3) is created stating that an order

granting shelter care must include a finding on reasonable efforts to 

place the child in accordance with the prioritization hierarchy 

articulated in section 39.4021 or explain why priority placement is

not available or is not in the child’s best interest. The subsequent 

subdivisions have therefore been renumbered, and renumbered 

subdivision (c)(5) now states that when sibling visitation or 

interaction is not ordered, the shelter order must explain why 

visitation or interaction is contrary to the safety or well-being of the 

child and must direct the department to immediately provide 

services that would reasonably be expected to ameliorate the risk to 

the child’s safety or well-being and that may result in restoration of 

communication and visitation if such services are available.
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Rule 8.345 (Post-Disposition Relief) is amended to conform 

with recent legislative changes to section 39.522, Florida Statutes, 

which now provides that a hearing must be held if “any party or the 

current caregiver denies the need for a change [to custody 

placement]” and creates a rebuttable presumption that it is in the 

child’s best interest to remain permanently in the current physical 

placement if certain conditions are present. Accordingly, the 

phrase “any party or the current caregiver” is now used in place of

the previous list of persons whose objection would require a hearing 

on these matters. Also, as the amendments to section 39.522 

modified the factors a court must consider when changing custody 

placement and established a priority hierarchy for custody 

placement, the list of factors that were previously enumerated in 

subdivision (b)(1) is now replaced with a requirement for courts to

“consider the best interests factors provided by law, the report filed 

by the multidisciplinary team, if applicable, and the priority of 

placements as provided by law, or as otherwise provided by law.”

Also, a new subdivision (b)(2) is created to address the 

rebuttable presumption described in the recently enacted section 

39.522(3)(b)1, and the subsequent subdivisions are renumbered to 
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accommodate the new subdivision. New subdivision (b)(2)(A) 

addresses the statutorily imposed rebuttable presumption, new 

subdivision (b)(2)(B) describes how a caregiver must notify the court 

of any objection to a change in physical custody, new subdivision 

(b)(2)(C) describes procedures for the initial case status hearing, 

and new subdivision (b)(2)(D) specifies when a court must conduct a 

hearing and issue an order to effectuate a change of custody.

Rule 8.415 (Judicial Review of Dependency Cases) is amended 

to address recent legislative changes to section 39.701(3), Florida 

Statutes (2021), which now requires a judicial review hearing when 

a dependent child turns 16. Such review was previously required 

only when a child turned 17. Thus, a new subdivision (b)(3) is 

added to rule 8.415 that explains the procedural requirements for 

this newly required judicial review hearing, and the subsequent

subdivisions of rule 8.415 are renumbered to accommodate new 

subdivision (b)(3).

Next, a new rule 8.540 (Motion to Reinstate Parental Rights) is

created to conform with the recently enacted section 39.8155, 

Florida Statutes (2021). To align with section 39.8155, rule 

8.540(a) states that the parent whose rights were terminated, or the 
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child, may file a motion to reinstate the parent’s parental rights, as 

provided by statute. Subdivision (b) (Initial Evidentiary Hearing on 

Motion) sets forth the procedures for the initial evidentiary hearing 

on such a motion, including the notice requirement and the 

burdens of production and persuasion. Subdivision (c) (Transition 

Period) describes the court’s obligations upon determining that a 

movant met its burden at the initial hearing. Subdivision (d) (Final 

Evidentiary Hearing for Consideration of the Reinstatement of 

Parental Rights) describes the procedures for the final hearing, at 

which reinstatement of parental rights following the visitation 

period is to be considered. Subdivision (e) (Retention of Jurisdiction 

Following Reinstatement of Parental Rights) addresses retention of 

jurisdiction following reinstatement of parental rights.

Finally, a new form is created and designated as form 8.973A,

to conform with section 39.701(3), Florida Statutes, which as stated 

above now requires an additional judicial review hearing when a 

dependent child turns 16. New form 8.973A specifically addresses

this judicial review hearing and states that a court will consider a 

“Judicial Review Social Study Report filed by the department that 

includes specific information related to the life skills that the child 
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has acquired since the child’s 13th birthday or since the date the 

child came into foster care, whichever came later.” The previous 

form 8.973A (Order on Judicial Review for Child Age 17 or Older) is 

now redesignated as form 8.973B. Other than this renumbering, 

this form remains largely the same, though the form no longer 

requires the case plan to “include[] 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.” Due to the legislative changes, this 

language is relevant to the hearing conducted when the child turns 

16 and is therefore now included in new form 8.973A, rather than 

in form 8.973B. The one modification we make is to redesignate

current forms 8.973B and 8.973C to accommodate the new form A 

and the redesignated and amended form B.

Accordingly, we amend the Florida Rules of Juvenile Procedure 

as reflected in the appendix to this opinion. New language is 

indicated by underscoring; deletions are indicated by struckthrough type. The amendments shall become effective immediately. 

Because the amendments were not published for comment 
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previously, interested persons shall have seventy-five days from the 

date of this opinion in which to file comments with the Court.1

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.

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

April 19, 2022, with a certificate of service verifying that a copy has 

been served on the Committee Chair, Candice Kaye Brower, 235 S. 

Main Street, Suite 205, Gainesville, Florida 32601-6585, 

candice.brower@rc1.myflorida.com, and on the Bar Staff Liaison to 

the Committee, Mikalla Andies Davis, 651 E. Jefferson Street, 

Tallahassee, Florida 32399-2300, midavis@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 May 10, 

2022, 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; no additional copies are required or will be 

accepted.
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Original Proceeding – Florida Rules of Juvenile Procedure

Candice K. Brower, Chair, Juvenile Court Rules Committee, 

Gainesville, Florida, Joshua E. Doyle, Executive Director, and 

Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, 

Florida,

for Petitioner
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APPENDIX

RULE 8.217. ATTORNEY AD LITEM/ATTORNEY FOR THE 

CHILD

(a) [No change]

(b) Appointment. The court may appoint an attorney ad 

litem to represent the child in any proceeding as allowed by law. 

The court must appoint an attorney for the child who is the subject 

of a motion to modify custody as required by law.

(c) [No change]

(d) Service. Any attorney ad litemappointed under this rule 

shall be entitled to receive and must provide service of pleadings 

and documents as provided by rule 8.225.

Committee Note

2022 Amendment. Subdivision (b) was amended in response 

to ch. 2021-169, Laws of Florida.

RULE 8.305. SHELTER PETITION, HEARING, AND ORDER

(a) [No change] 

(b) Shelter Hearing.

(1) – (9) [No change]

(10) The court shall inquire of the parents whether the 

parents have relatives, fictive kin, or nonrelatives 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, fictive kin, or nonrelatives. The court shall 

advise the parents that the parents have a continuing duty to 

inform the department of any relatives, fictive kin, or nonrelatives

who should be considered for placement of the child.
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(11) – (15) [No change]

(c) Shelter Order. An order granting shelter care must 

identify the parties present at the hearing and contain written 

findings that:

(1) – (2) [No change]

(3) the department made reasonable efforts to place the 

child in the order of priority provided in Chapter 39, Florida 

Statutes, or why such priority placement is not a placement option 

or in the best interest of the child based on the criteria established 

by law;

(34) [No change]

(45) specifies on-going visitation or interaction between 

the siblings or if sibling visitation or interaction is not 

recommendedordered, specifies why visitation or interaction would 

be contrary to the safety or well-being of the child and, if services 

are available that would reasonably be expected to ameliorate the 

risk to the child’s safety or well-being and may result in the 

communication and visitation being restored, directs the 

department to immediately provide such services;

(56) [No change]

(67) [No change]

(78) [No change]

(89) [No change]

(910)[No change]

(101)[No change]

(112)[No change]

(d) [No change]
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Committee Note

2022 Amendment. Multiple sections of this rule were amended 

in response to ch. 2021-169, Laws of Florida.

RULE 8.345. POST-DISPOSITION RELIEF

(a) Motion for Modification of Placement. At any time 

before a child is residing in the permanent placement approved at 

the permanency hearing, 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. The court may enter an order making the change in 

placement without a hearing unless a party or the current caregiver 

objects to the change. If the department, the child, the parents, the 

legal custodian, or any appointed guardian ad litem or attorney ad 

litemany party or the current caregiver objects to the change of 

placement, the court shallmust 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) – (2) [No change]

(b) Standard for Changing Custody.

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

child shallmust be the best interests of the child as provided by law. 

When determining whether a change of legal custody or placement 

is in the best interests of the child, the court shall consider:must 

consider the best interests factors provided by law, the report filed 

by the multidisciplinary team, if applicable, and the priority of 

placements as provided by law, or as otherwise provided by law.
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(A) The child’s age.

(B) The physical, mental, and emotional health 

benefits to the child by remaining in his or her current placement or 

moving to the proposed placement.

(C) The stability and longevity of the child’s 

current placement.

(D) The established bonded relationship between 

the child and the current or proposed caregiver.

(E) The reasonable preference of the child, if the 

court has found that the child is of sufficient intelligence, 

understanding, and experience to express a preference.

(F) The recommendation of the child’s current 

caregiver,. 

(G) The recommendation of the child’s guardian ad 

litem, if one has been appointed. 

(H) The child’s previous and current relationship 

with a sibling, if the change of legal custody or placement will 

separate or reunite siblings.

(I) The likelihood of the child attaining 

permanency in the current or proposed placement. 

(J) Any other relevant factors.

(2) Rebuttable presumption.

(A) In a hearing on a change of physical custody

when the child has been in the same safe and stable placement for 

9 consecutive months or more, a rebuttable presumption that it is 

in the child’s best interest to remain permanently in his or her 

current placement applies as required by law.

(B) A caregiver who objects to the department’s 

official position on the change in physical custody must notify the 
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court and the department of his or her objection and the intent to 

request an evidentiary hearing in writing within 5 days after 

receiving notice of the department’s official position. 

(C) Within 7 days after receiving written notice 

from the caregiver, the court must conduct an initial case status 

hearing, at which time the court must:

(i) grant limited purpose party status to the 

current caregiver who is seeking permanent custody and has 

maintained physical custody of that child for at least 9 continuous 

months for the limited purpose of filing a motion for a hearing on 

the objection and presenting evidence pursuant to this rule; 

(ii) appoint an attorney for the child who is 

the subject of the permanent custody proceeding, in addition to the 

guardian ad litem, if one is appointed;

(iii) advise the caregiver of his or her right to 

retain counsel for purposes of the evidentiary hearing; and

(iv) appoint a court-selected neutral and 

independent licensed professional with expertise in the science and 

research of child-parent bonding.

(D) The court must conduct the evidentiary 

hearing and provide a written order of its findings regarding the 

placement that is in the best interest of the child no later than 90 

days after the date the caregiver provided written notice to the 

court. The court must provide its written order to the department, 

the caregiver, and the prospective caregiver. 

(23) [No change]

(34) [No change]

(c) – (d) [No change]

Committee Note
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2022 Amendment. Multiple sections of this rule were 

amended in response to ch. 2021-169, Laws of Florida.

RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES

(a) [No change]

(b) Scheduling Hearings.

(1) – (2) [No change]

(3) Review Hearings for Children 16 Years of Age. The 

court must provide the child the opportunity to address the court 

and must review the child’s independent living transition services. 

The foster parent, legal custodian, or guardian ad litem may also 

provide any information relevant to the child’s best interest to the 

court. At the first hearing after the child’s 16th birthday, the court 

must inquire about the life skills the child has acquired and 

whether they are age-appropriate, and the department must provide 

a report that includes specific information as to the life skills the 

child has acquired since the child’s 13th birthday, or since the child 

came into foster care, whichever came later. 

(34) [No change]

(45) [No change]

Committee Notes

1991 Adoption. The rule allows for certain forms of relief 

pertinent to foster care review. It allows the court to order 

commencement of a termination of parental rights proceeding if the 

parents are not in compliance. The court is also permitted to extend 

or modify the plan.

2022 Amendment. Section (b) of this rule was amended in 

response to ch. 2021-169, Laws of Florida.
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RULE 8.540. MOTION TO REINSTATE PARENTAL RIGHTS 

(a) Initiation of Proceedings. Following a termination of 

parental rights, the department, the parent whose rights were 

terminated, or the child, may file a motion to reinstate the parent’s 

parental rights as provided by Chapter 39, Florida Statutes.

(b) Initial Evidentiary Hearing on Motion.

(1) Notice of Hearing. The court must issue a notice of 

the hearing on the motion to the parties and participants. The 

notice must state the issue to be determined and that the movant is 

required to present evidence at the hearing on the motion.

(2) Burden to Present Evidence and Proof. At the initial 

evidentiary hearing, the movant has the burden of presenting 

relevant evidence. All other parties may present evidence regarding 

the claims raised.

(3) Generally. When evaluating a motion to reinstate 

parental rights, the court must consider all relevant evidence 

including the criteria provided in Chapter 39, Florida Statutes. The 

court determines if the movant met the criteria provided by law by 

clear and convincing evidence.

(c) Transition Period.

(1) Visitation and Trial Home Visits. If the court 

determines that the movant met the criteria at the initial evidentiary 

hearing, the court must order the department to conduct 

supervised visitation and trial home visits between the child and the 

former parent for at least 3 consecutive months following the 

completion of an approved home study. The court must consider 

the multidisciplinary team’s transition plan.

(2) Reports and Notifications. During the period of 

visitation and trial home visits, the court must consider reports 

provided by the department every 30 days regarding the supervised 

visitation, home visits, and the department’s recommendation for 
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reinstatement of parental rights. The court must also consider any 

notifications by the department of termination of visitations due to 

allegations of abuse, neglect, or abandonment, if the child’s safety 

or well-being is threatened, or if continuing visitation is not in the 

child’s best interest. 

(d) Final Evidentiary Hearing for Consideration of the 

Reinstatement of Parental Rights. Within 30 days of either 

completion of the period of visitation and trial home visits or the 

department’s termination of trial home visits, the court must 

conduct a final evidentiary hearing on the motion. The court may 

reinstate parental rights upon a finding of clear and convincing 

evidence that it is in the best interest of the child. If visits are 

terminated and the court finds it is not in the child’s best interest to 

reinstate parental rights, the court must deny the motion to 

reinstate. 

(e) Retention of Jurisdiction Following Reinstatement of 

Parental Rights. Upon ordering reinstatement of parental rights, 

the court must place the child in the custody of the former parent 

with an in-home safety plan. The court must retain jurisdiction for 

at least 6 months during which the court must consider the 

department’s reports on the stability of the placement. At the end of 

the 6 months, the court must determine whether its jurisdiction 

should continue or be terminated based on the received reports or

any other relevant factors. If the court retains jurisdiction, the court 

must review the continued retention of jurisdiction every 3 months 

thereafter until the court terminates its jurisdiction or the child 

reaches the age of majority.

Committee Note

2022 Amendment. This rule was created in response to ch. 

2021-169, Laws of Florida.
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FORM 8.973A. ORDER ON JUDICIAL REVIEW FOR CHILD AGE 16

ORDER ON JUDICIAL REVIEW FOR CHILD

OVER AGE 16 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 Families in this cause under 

chapter 39, Florida Statutes.

The following persons appeared before the court:

..... .....(Name)....., Child

..... .....(Name)....., Attorney 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: ..........

COMMENT: The name of the guardian ad litem and the attorney ad litem, if 

appointed, must be listed on the order, even if he or she was not present.

and the court having considered:

..... Judicial Review Social Study Report filed by the department that 

includes specific information related to the life skills that the child has 
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acquired since the child’s 13th birthday or since the date the child came into 

foster care, whichever came later;

..... Statement/homestudy filed by the department;

..... Report of the guardian ad litem;

..... A case plan, dated .........., filed by the department;

..... Statement by the child’s caretaker on the progress the child has made in 

acquiring independent living skills;

..... 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 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
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..... .....(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.
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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)......
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COMMENT: Use 20, 21, 22, 23, & 24 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)...... The department has placement 

and care responsibility while the child(ren) is/are under protective supervision 

in an out-of-home placement.

..... 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. The children ..... are ..... are not separated in their placements. The 

following efforts have been made to reunite the siblings: ..........

..... It is not in the siblings’ best interest to be reunited in their 

placement because: ..........

..... The separate siblings have the following frequency, kind, and 

duration of contacts: ..........

..... 23. 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).

..... 24. 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 25 if child(ren) remain(s) or is/are returned to the parent(s).

..... 25. 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.

..... 26. The child’s petition and application for special immigrant juvenile 

status or other immigration decision remains pending.
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..... 27. 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.

..... 28. The child has acquired the following life skills: ..........

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 occur first. 

7. This court shall retain jurisdiction until the child’s 19th birthday for the 

purpose of determining whether appropriate services to be provided to the 

young adult before reaching 18 years of age have been provided to the youth. 

8. This court shall retain jurisdiction until the child’s 21st birthday, or 22nd

birthday if the child has a disability, unless the young adult chooses to leave 

foster care upon reaching 18 years of age, or if the young adult does not meet 

the eligibility requirements to remain in foster care or chooses to leave care at 

any time prior to the 21st birthday, or 22nd birthday if the child has a 

disability.

9. This matter is scheduled for Judicial Review on .....(date)..... at 

.....(time)......

DONE AND ORDERED in .........., Florida, on .....(date)......
- 24 -

Circuit Judge

NOTICE OF HEARING

The Juvenile Court hereby gives notice of hearing in the abovestyled cause on .....(date)..... at .......... a.m./p.m., before .....(judge)....., at 

.....(location)....., or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman 

or Courier font.

If you are a person with a disability who needs any accommodation 

in order to participate in this proceeding, you are entitled, at no cost to 

you, to the provision of certain assistance. Please contact .....(name, 

address, and telephone number)..... at least 7 days before your scheduled 

court appearance, or immediately upon receiving this notification if the 

time before the scheduled appearance is less than 7 days. If you are 

hearing or voice impaired, call 711.

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to ...........
- 25 -

FORM 8.973AB. 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 Families in this cause under 

chapter 39, Florida Statutes.

The following persons appeared before the court:

..... .....(Name)....., Child

..... .....(Name)....., Attorney 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: ..........

COMMENT: The name of the guardian ad litem and the attorney ad litem, if 

appointed, must be listed on the order, even if he or she was not present.

and the court having considered:

..... Judicial Review Social Study Report filed by the department;
- 26 -

..... Because the child reached the age of 17 within the past 90 days, 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; and has a valid Florida driver’s license or has been provided with a 

Florida identification card;

..... Has a social security card and 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 and has been informed as to how to access those funds;

..... Has been provided with information related to the Road-toIndependence Program, including eligibility requirements, information on 

participation, and assistance in gaining admission to the program; If the child 

is eligible for the Road-to-Independence Program, has been informed that 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 or the identification necessary to open 

a bank account and the information necessary to acquire essential banking 

and budgeting 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 information as to the child’s ability to 

remain in care until he [or she] reaches 21 years of age or 22 years of age if 

he/she has a disability;

..... Has been provided with a letter stating the dates that the child is 

under the jurisdiction of the court;

..... Has been provided with a letter stating that the child is in 

compliance with financial aid documentation requirements;
- 27 -

..... Has been provided his or her educational records;

..... Has been provided his or her entire health and mental health 

records;

..... Has been provided with information concerning the process for 

accessing his or her case file;

..... Has been provided with a statement encouraging the child to 

attend all judicial review hearings occurring after his or her 17th birthday; and

..... Has been provided with information on how to obtain a driver 

license or learner’s driver license. 

..... 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 on the progress the child has made in 

acquiring independent living skills;

..... 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 for the Child

..... .....(Name)....., Petitioner
- 28 -

..... .....(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;
- 29 -

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)......
- 30 -

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, & 24 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)...... The department has placement 

and care responsibility while the child(ren) is/are under protective supervision 

in an out-of-home placement.

..... 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. The children ..... are ..... are not separated in their placements. The 

following efforts have been made to reunite the siblings: ..........

..... It is not in the siblings’ best interest to be reunited in their placement 

because: ..........

..... The separate siblings have the following frequency, kind, and duration of 

contacts: ..........

..... 23. 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).

..... 24. 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 25 if child(ren) remain(s) or is/are returned to the parent(s).
- 31 -

..... 25. 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.

..... 26. The child’s petition and application for special immigrant juvenile 

status or other immigration decision remains pending.

..... 27. 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 occur first. 

7. This court shall retain jurisdiction until the child’s 19th birthday for the 

purpose of determining whether appropriate services to be provided to the 

young adult before reaching 18 years of age have been provided to the youth. 

8. This court shall retain jurisdiction until the child’s 21st birthday, or 22nd

birthday if the child has a disability, unless the young adult chooses to leave 

foster care upon reaching 18 years of age, or if the young adult does not meet 

the eligibility requirements to remain in foster care or chooses to leave care at 
- 32 -

any time prior to the 21st birthday, or 22nd birthday if the child has a 

disability.

9. 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 abovestyled cause on .....(date)..... at .......... a.m./p.m., before .....(judge)....., at 

.....(location)....., or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman 

or Courier font.

If you are a person with a disability who needs any accommodation 

in order to participate in this proceeding, you are entitled, at no cost to 

you, to the provision of certain assistance. Please contact .....(name, 

address, and telephone number)..... at least 7 days before your scheduled 

court appearance, or immediately upon receiving this notification if the 

time before the scheduled appearance is less than 7 days. If you are 

hearing or voice impaired, call 711.

PLEASE BE GOVERNED ACCORDINGLY.

Copies furnished to ...........
- 33 -

FORM 8.973BC. [NO CHANGE]
- 34 -

FORM 8.973CD. [NO CHANGE]