WHO HAVE A STATUTORY RIGHT TO COUNSEL
(a) Applicability. This rule applies to children for whom the court must appoint counsel under section 39.01305, 'Florida Statutes. This rule does not affect the court's authority to appoint counsel 'for any other child.
(b) Duty of Court.
QJ-The court shall appoint an attorney to represent any child who is determined to-be-a child ofhas special needs as defined in section 39.01305, Florida Statutes, and who is subject to any proceeding under Chapter 39, Florida Statutes.
(A) The court Statewide-Guardian Ad-Litem Office -for---an -- attor-ney-who-is veiling to-represent-a-child- without -additional-compensation. - If--such' an attorney is available-wfeMn-15-4ays--aftey the court's request,- the" court-must appoint-that-aitor-
(-B-) If no attorney is available to-represent- a child .without compensation,--the court--must appoint -a-compensated attorney; A conapen-sated-'-attorney-may-be -appointed.within-the 15 day period if - the Statewide Guardian - Ad--Litem ' Office informs - the -court- it will not-be.able to recommend an attorney-within that time period-
(C)-The-appointment continues-until the attorney -is-allowed--to.withdraw, is discharged by the court).or until the case is dismissed,-
(-D)-The- court order-appointing an attorney-must-be-in writing.
(b) -Determination of a - Dependent Child of -Special -Needs.
(1⁄8-)-A-dependent child of special-needs is a-child who:
(A)-resides in a--skilled-nursing facility or-is- being considered-for-placement in a skilled nursing-home;-
(B) is prescribed-psychotropic medication-but declines assent to-the psychotropic medication;
(-C) -has a diagnosi-s-of-a-developmental disability as defined - 1⁄8-seetion-393.063) -Florida-Statu-tes;
(D) is being placed.-in - a.residential treatment center or being considered-for-placement-in-a-r-esidential-freatment-cen-ter-;- or
(E-)-is--a-victi-m-of-hum-an-trafflcking as defined - in.section ,787.06(2)(d)) Florida Statutes.-
(c) [No Change]
RULE 8;305. SHELTER PETITION, HEARING, AND ORDER
(a) Shelter Petition. If a Child has been or is to be removed from the home and maintained in an out-of-home placement for more than 24 hours, the person requesting- placement shall file a written petition that shall:
*260(1) specify the name, address, date of birth, and sex of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty and shall indicate whether the child has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes;
(2) - (10) [No Change]
(b) Shelter Hearing.
(l)-(6) [No Change]
(7) The court shall appoint:
(A) [No Change]
(B) an attorney ad litem'-to represent the child if the court finds the appointment necessary or requiredand authorized by law; and
[No Change]
(8fy(14) [No Change]
(c)-(d) [No Change]
RULE 8.310. DEPENDENCY PETITIONS
(a) Contents.
(l)-(5) [No Change]
(6) The petition shall identify each child who has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes.
(b)-(e) [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 inquires 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,