CopyPublished | Supreme Court of Florida
...PROVIDING COUNSEL TO DEPENDENT
CHILDREN WITH SPECIAL NEEDS WHO HAVE A
STATUTORY RIGHT TO COUNSEL
(a) [No Change]
(b) Duty of Court. The court shallmust appoint an attorney
to represent any child who has special needs as defined in section
39.01305, Florida Statutes, and who is subject to any proceeding
under Chapter 39, Florida Statutes.
(c) Duties of Attorney....
CopyPublished | Supreme Court of Florida
...in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws
of Fla. (amending §
39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla.
(amending §§
39.402;
39.501;
39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla.
(creating §
39.01305, Fla....
...ding Counsel
to Dependent Children with Special Needs Who Have a Statutory Right to
Counsel.” Additionally, we add a new subdivision (a) (Applicability) to clarify
that the rule applies to children for whom the court must appoint counsel under
section 39.01305, Florida Statutes,2 and does not affect the court’s authority to
appoint counsel for any other child....
...We also amend the new subdivision
(b), and delete the entirety of former subdivision (b) (Determination of a
Dependent Child of Special Needs), to remove language restating the specific
requirements and procedures for appointing counsel provided in section 39.01305.
Instead, new subdivision (b) now provides that the court shall appoint an attorney
to represent any child who has special needs, as defined in section 39.01305.
2. We have modified proposed subdivision (a) to refer specifically to
section 39.01305, Florida Statutes. We have similarly modified the Committee’s
proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to
section 39.01305.
-3-
Also in response to the comments and as proposed by the Committee, we
amend several of the Juvenile Rules in an effort to better facilitate the appointment
of counsel to children with special needs. Rule 8.305(a)(1) (Shelter Petition,
Hearing, and Order; Shelter Petition) is amended to require that the Shelter Petition
indicate whether the child has a special need requiring appointment of counsel as
defined in section 39.01305, Florida Statutes. Rule 8.310(a) (Dependency
Petitions; Contents) is amended to add a new subdivision (a)(6), requiring the
dependency petition to identify each child who has a special need requiring the
appointment of counsel, as defined in section 39.01305, Florida Statutes....
...In rule
8.415 (Judicial Review of Dependency Cases), subdivision (c) (Report) is amended
to add a new subdivision (c)(4), which provides that the Florida Department of
Children and Families’ required report may indicate whether the dependent child
has a special need as defined in section 39.01305, Florida Statutes, requiring the
appointment of an attorney....
...RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN
WITH SPECIAL NEEDS 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.
(1) 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 must first request a recommendation from the
Statewide Guardian Ad Litem Office for an attorney who is willing to represent a
child without additional compensation....
...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.
(1) – (6) [No Change]
(7) The court shall appoint:
(A) [No Change]
(...
...(c) – (d) [No Change]
RULE 8.310. DEPENDENCY PETITIONS
(a) Contents.
(1) – (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....
...service agency to complete the tasks assigned to them in the agreement; or
(3) that proceedings be instituted to terminate parental rights and
legally free the child for adoption.; or
(4) that the child has a special need as defined in section 39.01305,
Florida Statutes, who is not represented by an attorney, and who requires
appointment of an attorney.
(d) – (e) [No Change]
(f) Court Action.
- 10 -
(1)...
...may not be returned to the parent/custodian without
further order of this court.
3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in section 39.01305,
Florida Statutes.
........
CopyPublished | Supreme Court of Florida
...2. See ch. 2014-166, § 1, Laws of Fla. (amending §
39.701(3)(a), Fla. Stat.);
ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402(8)(h), (9);
39.501(3)(d);
39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1, Laws of Fla.
(creating §
39.01305, Fla....
...-2-
New rule 8.231 (Providing Counsel to Dependent Children With Special
Needs) provides the procedure for appointing counsel for a dependent child with
certain special needs. See ch. 2014-227, § 1, Laws of Fla. (creating section
39.01305, Fla....
CopyPublished | Supreme Court of Florida
...- 18 -
3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in section
39.01305, Florida Statutes.
........
CopyPublished | Supreme Court of Florida
...may not be returned to the parent/custodian without
further order of this court.
3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in section 39.01305,
Florida Statutes.
........
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523
...report to implement recent legislation. See ch.2014-166, § 1, Laws of Fla. (amending §
39.701, Fla. Stat.); ' ch.2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402;
39.501;
39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. (creating §
39.01305, Fla....
...oviding Counsel to Dependent Children with Special Needs Who Have a Statutory Right to Counsel.” Additionally,- we add a new subdivision (a) (Applicability) to clarify that the rule applies to children for whom the court must appoint counsel under section 39.01305, Florida Statutes, 2 and does not affect the court’s authority to appoint counsel for any other child....
...We also amend the new subdivision (b), and delete the entirety of former subdivision (b) (Determination of a Dependent Child of Special Needs), to remove language restating the specific requirements and procedures for appointing counsel provided in section 39.01305. Instead, new subdivision (b) now provides that the court shall appoint an attorney to represent any child who has special needs, as defined in section 39.01305....
...el to children with special needs. Rule 8.305(a)(1) (Shelter Petition, Hearing, and Order; Shelter Petition) is amended to require that the Shelter Petition indicate whether the child has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes. Rule 8.310(a) (Dependency Petitions; Contents) is amended to add a new subdivision (a)(6), requiring the dependency petition to identify each child who has a special need requiring the appointment of counsel, as defined in section 39.01305, Flórida Statutes....
...In rule 8.415 (Judicial Review of Dependency Cases), subdivision (c) (Report) is amended to add a new subdivision (c)(4), which provides that the Florida Department of Children and Families’ required report may indicate whether the dependent child has a special need as defined in section 39.01305, Florida Statutes, requiring the appointment of an attorney....
...LABARGA, C.J., and PARIENTE, ’ LEWIS, QUINCE) CANADY, POLSTON, and PERRY, JJ., concur. APPENDIX RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN WITH SPECIAL NEEDS 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....
...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....
...ized 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....
...ents or social service agency to complete the tasks assigned to them in the agreement;-» (3) that proceedings be instituted to terminate parental rights and legally free the child for adoption^ or (4) that the child has a special need as defined in section 39.01305, Florida Statutes, who is not represented by an attorney, and who requires appointment of an attorney....
...e]] *286 [[Image here]] *287 [[Image here]] *288 [[Image here]] *289 [[Image here]] *290 [[Image here]] *291 [[Image here]] . We have jurisdiction. See art. V, § 2(a), Fla. Const, . We have modified proposed subdivision (a) to refer specifically to section 39.01305, Florida Statutes. We have similarly modified the Committee’s proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to section 39.01305.
CopyPublished | Supreme Court of Florida
...in a fast-track report to implement recent legislation. See ch. 2014-166, § 1, Laws
of Fla. (amending §
39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla.
(amending §§
39.402;
39.501;
39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla.
(creating §
39.01305, Fla....
...ding Counsel
to Dependent Children with Special Needs Who Have a Statutory Right to
Counsel.” Additionally, we add a new subdivision (a) (Applicability) to clarify
that the rule applies to children for whom the court must appoint counsel under
section 39.01305, Florida Statutes,2 and does not affect the court’s authority to
appoint counsel for any other child....
...We also amend the new subdivision
(b), and delete the entirety of former subdivision (b) (Determination of a
Dependent Child of Special Needs), to remove language restating the specific
requirements and procedures for appointing counsel provided in section 39.01305.
Instead, new subdivision (b) now provides that the court shall appoint an attorney
to represent any child who has special needs, as defined in section 39.01305.
2. We have modified proposed subdivision (a) to refer specifically to
section 39.01305, Florida Statutes. We have similarly modified the Committee’s
proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to
section 39.01305.
-3-
Also in response to the comments and as proposed by the Committee, we
amend several of the Juvenile Rules in an effort to better facilitate the appointment
of counsel to children with special needs. Rule 8.305(a)(1) (Shelter Petition,
Hearing, and Order; Shelter Petition) is amended to require that the Shelter Petition
indicate whether the child has a special need requiring appointment of counsel as
defined in section 39.01305, Florida Statutes. Rule 8.310(a) (Dependency
Petitions; Contents) is amended to add a new subdivision (a)(6), requiring the
dependency petition to identify each child who has a special need requiring the
appointment of counsel, as defined in section 39.01305, Florida Statutes....
...In rule
8.415 (Judicial Review of Dependency Cases), subdivision (c) (Report) is amended
to add a new subdivision (c)(4), which provides that the Florida Department of
Children and Families’ required report may indicate whether the dependent child
has a special need as defined in section 39.01305, Florida Statutes, requiring the
appointment of an attorney....
...RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN
WITH SPECIAL NEEDS 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.
(1) 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 must first request a recommendation from the
Statewide Guardian Ad Litem Office for an attorney who is willing to represent a
child without additional compensation....
...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.
(1) – (6) [No Change]
(7) The court shall appoint:
(A) [No Change]
(...
...(c) – (d) [No Change]
RULE 8.310. DEPENDENCY PETITIONS
(a) Contents.
(1) – (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....
...service agency to complete the tasks assigned to them in the agreement; or
(3) that proceedings be instituted to terminate parental rights and
legally free the child for adoption.; or
(4) that the child has a special need as defined in section 39.01305,
Florida Statutes, who is not represented by an attorney, and who requires
appointment of an attorney.
(d) – (e) [No Change]
(f) Court Action.
- 10 -
(1)...
...may not be returned to the parent/custodian without
further order of this court.
3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in section 39.01305,
Florida Statutes.
........
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 101, 2015 Fla. LEXIS 281, 2015 WL 686028
...2. See ch. 2014-166, § 1, Laws of Fla. (amending §
39.701(3)(a), Fla. Stat.);
ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§
39.402(8)(h), (9);
39.501(3)(d);
39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1, Laws of Fla.
(creating §
39.01305, Fla....
...-2-
New rule 8.231 (Providing Counsel to Dependent Children With Special
Needs) provides the procedure for appointing counsel for a dependent child with
certain special needs. See ch. 2014-227, § 1, Laws of Fla. (creating section
39.01305, Fla....
CopyPublished | Supreme Court of Florida
...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;
- 15 -
(2)-(10) [No Change]
(b) Shelter Hearing.
(1) The parents or legal custodians of the child
shallmust be given actual notice of the date, time, and location of
the shelter hearing....
CopyPublished | Supreme Court of Florida
...isdiction for Young
Adult) is amended to require a petition for reinstatement of jurisdiction for a young
adult reentering extended foster care to indicate whether the young adult has a
special need requiring appointment of counsel as required by section 39.01305,
Florida Statutes....
...in writing
and specify that the young adult meets the eligibility requirements for readmission
to foster care as provided by law. The petition shall indicate whether the young
adult has a special need requiring appointment of counsel as required by section
39.01305, Florida Statutes....
... (3) [No Change]
(b) [No Change]
(c) Order on Petition for Reinstatement of Jurisdiction.
(1) – (2) [No Change]
(3) The court shall appoint an attorney to represent a young adult
with special needs as defined in section 39.01305, Florida Statutes, who is not
already represented by an attorney.
- 31 -
FORM 8.947....
