Examinations, evaluation, and treatmentRule 8.250
Related statutes: § 39.407 Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody. · § 39.507 Adjudicatory hearings; orders of adjudication. · § 39.521 · § 39.6012 · § 39.01
24 opinions cite Rule 8.250
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R.C. v. Department of Children & Family Services 150 So. 3d 1277 · 3D14-2247 · 3rd DCA 2014
· cited by 3 in all courts
Order compelling the mother to take a pregnancy test was quashed for lack of notice, lack of good cause, and failure to follow rule 8.250.
…3d 888, 889 (Fla. 4th DCA 2012) (holding that certiorari jurisdiction lies to review an order compelling a psychological evaluation under Florida Rule of Juvenile Procedure 8.250(b)). Section 39.407(15) of the Florida Statutes (2014) provides: At any time after the filing of a shelter petition or petition for …
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In re G.D. 870 So. 2d 235 · 2D03-5261 · 2nd DCA 2004
· cited by 16 in all courts
Order compelling the parents' mental examinations quashed because their mental state was not yet in controversy absent a termination petition; Fifth Amendment objection was premature.
…from the essential requirements of the law in requiring the mental examinations under section 39.407(14), Florida Statutes (2003), and Florida Rule of Juvenile Procedure 8.250(b). The parents also argue that such examinations would violate *237 their Fifth Amendment privilege against self-incrimination. In order to merit certiorari…
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F.M. v. Department of Children & Families 758 So. 2d 1262 · 5D99-2304 · 5th DCA 2000
· cited by 2 in all courts
Order compelling the mother's psychological evaluation reversed because she had no fair notice of the request or chance to move to quash it.
…the status hearing which gave her insufficient notice. The true controversy here seems to be whether Rule 8.675(b), Florida Rules of Juvenile Procedure or Rule 8.250(b), Florida Rules of Juvenile Procedure (formerly 8.750) controls since Rule 8.250(b) allows for the person whose examination is sought to request a hearing…
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K.K. v. Department of Children & Family Services 86 So. 3d 1193 · 2D12-1033 · 2nd DCA 2012
Certiorari granted in part; the order for a psychological evaluation was quashed for failing to specify time, place, manner and scope as rule 8.250(b) requires.
…for certiorari review of an order requiring her to submit to a psychological evaluation under section 39.407(15), Florida Statutes (2011), and Florida Rule of Juvenile Procedure 8.250(b) in the context of expedited pro *1194 ceedings to terminate her parental rights to A.S and M.S. We grant the Mother’s petition in part and quash the order to…
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L.C. v. Department of Children & Families 3D19-1786 · 3rd DCA 2020
Order requiring a substance abuse evaluation in the case plan reversed for an evidentiary hearing because good cause was not shown on unsubstantiated allegations.
…than the parent or legal custodian, who requires substance abuse treatment. § 39.407 (16), Fla. Stat. (emphases added). Florida Rule of Juvenile Procedure 8.250(b) also addresses the examination, evaluation, and treatment of a person in the Mother’s circumstances. It also requires a showing of good cause before an…
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A.C. v. Department of Children & Families 4D19-1112 · 4th DCA 2019
Certiorari denied; the court properly found the mother's mental condition in controversy and good cause for a parental fitness evaluation, over a dissent.
…of the law because the evidence does not establish the mother’s mental health was in controversy. We disagree and deny the petition. Florida Rule of Juvenile Procedure 8.250(b) provides: At any time after the filing of a shelter, dependency, or termination of parental rights petition, or after an adjudication of…
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Department of Health & Rehabilitative Services v. Platt 675 So. 2d 141 · DCA95-1974 · District Court of Appeal 1996
…be made only upon good cause shown and pursuant to notice and proce *142 dures as set forth by the Florida Rules of Juyenile Procedure. [2] Florida Rule of Juvenile Procedure 8.250(b) likewise deals with mental examinations and evaluations of parents in a dependency context. Both the statute and rule are silent as to financial…
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Department of Health & Rehabilitative Services v. Jones 631 So. 2d 348 · 5D93-1145 · 5th DCA 1994
· cited by 3 in all courts
…of her children. *349 The record indicates that the guardian ad litem for the children filed a motion for evaluation of the natural mother pursuant to Rule 8.250(b), Florida Rules of Juvenile Procedure, arguing that an evaluation of the natural mother's mental faculties was essential to assist in the determination of a…
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J.F. v. Department of Children & Families 3D2025-2476 · 3rd DCA 2026
Order affirmed on authority that a court may order a parent's mental health evaluation when her condition is in controversy and good cause exists.
…and GOODEN, JJ. PER CURIAM. Affirmed. See E.P.V. v. Dep’t of Children & Families, 278 So. 3d 749, 750 (Fla. 3d DCA 2019) (“Under Florida Rule of Juvenile Procedure 8.250 and section 39.407(15), Florida Statutes (2018), where the Mother’s mental condition is in controversy and good cause is shown, the trial court may order a…
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G.M. v. Department of Children & Families 254 So. 3d 508 · 4D18-2398 · 4th DCA 2018
…the requisite findings that the mother’s mental health was “in controversy” and that “good cause” was shown, see § 39.407(15) Fla. Stat. (2018); Fla. R. Juv. P. 8.250(b), nor does the record support such a finding, see Wade v. Wade, 124 So. 3d 369, 374-75 (Fla. 3d DCA 2013); Gasparino v. Murphy, 352 So. 2d 933, 935 (Fla. 2d…
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White v. Junior 219 So. 3d 230 · 3D17-0963 · 3rd DCA 2017
· cited by 2 in all courts
…court adjudged White guilty of direct criminal contempt, took him into custody, and sentenced him to seven days in the Miami- Dade County jail.2 1 See Fla. R. Juv. P. 8.250(b) (providing trial court with authority, under certain circumstances, to order drug testing of a person requesting custody of a child). 2 White filed a motion…
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M.P. v. Department of Children & Families 159 So. 3d 341 · 4D14-3439 · 4th DCA 2015
· cited by 1 in all courts
Dependency affirmed but unproven prior-report findings struck, and the father's random drug testing reversed for lack of good cause or evidence of drug use.
…or is requesting custody of the child to submit to a substance abuse assessment or evaluation. . . . The order may be made only upon good cause shown.”); Fla. R. Juv. P. 8.250(b) (2014) (a court may, on its own motion, order a person requesting custody to submit to a substance abuse evaluation only on good cause shown and after notice…
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J.B. v. M.M. 92 So. 3d 888 · 4D11-4195 · 4th DCA 2012
· cited by 12 in all courts
Order compelling the mother's psychological evaluation quashed because mental illness alone, with only stale evidence of risk, did not show good cause.
…Certiorari jurisdiction lies to review an order compelling a mental examination. See In re G.D., 870 So.2d 235 , 237 (Fla. 2d DCA 2004). Florida Rule of Juvenile Procedure 8.250(b) provides that: At any time after the filing of a shelter, dependency, or termination of parental rights petition, or after an adjudication of dependency or…
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J.M. v. Department of Children & Families 8 So. 3d 500 · 5D08-3797 · 5th DCA 2009
· cited by 1 in all courts
…so that the order may specify the “time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.” Fla. R. Juv. P. 8.250(b); D.C. v. Dep’t of Children & Families, 966 So.2d 1032 (Fla. 4th DCA 2007). We suggest that the Department be ordered to make the necessary…
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S.K. v. Department of Children & Families 959 So. 2d 1209 · 4D06-3830 · 4th DCA 2007
· cited by 4 in all courts
Dependency affirmed; an incompetent incarcerated father already had counsel, no attorney ad litem for parents exists, and the case need not await his competency.
…to the court as to how to proceed in a dependency case where a parent is incompetent. Section 39.407(15), Florida Statutes (2006), and Florida Rule of Juvenile Procedure 8.250(b) permit a mental health assessment of a parent when the mental health is in controversy. The rule further authorizes the court to require a parent to undergo…
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Bailey v. Department of Health & Rehabilitative Services 703 So. 2d 1224 · 5D96-3562 · 5th DCA 1998
· cited by 3 in all courts
…by ordering appellants to submit to psychological evaluations without good cause shown. Both Section 39.407(13), Florida Statutes (1995) and Florida Rule of Juvenile Procedure 8.250(b) require a showing of good cause before one can be ordered to submit to a mental or physical examination. Since no good cause was shown, the failure to comply…
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Arthur v. Department of Health & Rehabilitative Services 679 So. 2d 869 · DCA96-1390 · District Court of Appeal 1996
…of Health and Rehabilitative Services has articulated sufficient reasons to order the mental examination of the mother, as provided by Florida Rule of Juvenile Procedure 8.250(b) and as explained in S.N. v. Department of Health & Rehab. Servs., 529 So.2d 1156 (Fla. 1st DCA 1988). Petition denied.
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In re A.W. 591 So. 2d 1099 · 1D91-2770 · 1st DCA 1992
…in State v. District Court of Appeal, it would appear, although we do not so hold, that appellant would have a claim for relief pursuant to Florida Rule of Juvenile Procedure 8.250. Cf. Woldarsky v. Woldarsky, 243 So.2d 629 (Fla. 1st DCA 1971) (where party has no notice of entry of order, trial court had jurisdiction to re-enter…
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Myles v. Department of Health & Rehabilitative Services 590 So. 2d 1053 · 3D90-2147 · 3rd DCA 1991
· cited by 1 in all courts
…the merits of this argument. If, however, he does have a meritorious claim, the proper procedure for presenting such a claim is by means of Florida Rule of Juvenile Procedure 8.250(a)(2). That rule establishes that a party may be relieved from order, judgment, or proceeding, upon a finding of "[n]ewly discovered evidence which by due diligence…
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Myles v. Department of Health & Rehabilitative Services 590 So. 2d 1053 · DCA90-2147 · District Court of Appeal 1991
· cited by 8 in all courts
…the merits of this argument. If, however, he does have a meritorious claim, the proper procedure for presenting such a claim is by means of Florida Rule of Juvenile Procedure 8.250(a)(2). That rule establishes that a party may be relieved from order, judgment, or proceeding, upon a finding of “[njewly discovered evidence which by due diligence…
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In re Amendments to Florida Rules of Juvenile Procedure 8.245, 8.250, and Form 8.961 SC22-1125 · Florida Supreme Court 2023
…comment, and no comments were received. Having considered the proposed amendments, the Court hereby amends Florida Rules of Juvenile Procedure 8.245 and 8.250, and form 8.961 as proposed by the Committee. The more significant amendments are discussed below. First, rule 8.245 is amended to add the phrase…
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In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007
· cited by 4 in all courts
…proposes amending the following eight existing rules and seven existing forms: rule 8.240 (Computation, Continuance, Extension, and Enlargement of Time); rule 8.250 (Examinations, Evaluations, and Treatment); rule 8.257 (General Magistrates); rule 8.305 (Shelter Petition, Hearing, and Order); rule 8.330 (Adjudicatory…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…reflected in the amended versions of rule 8.201(a); rule 8.210(a); rule 8.215(c); rule 8.225(a)(1), (b)(3), (c)(1), (c)(2), and (c)(4)(D); rule 8.245(a)(1); rule 8.250(b); rule 8.290(a)(1); rule 8.305(a), (a)(2), (a)(3), (a)(6), (b)(1), (b)(4), (b)(6)(D), (b)(7)-(9), (c)(3), and (c)(6)-(7); rule 8.310(a)(2) and (a)(4)-(5); rule…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…sanction by the court. *174 Committee Notes 1991 Amendment, (a)(1) Termination of parental rights proceedings have been added to discovery procedures. RULE 8.250. EXAMINATIONS, EVALUATION, AND TREATMENT (a) Child. Mental or physical examination of a child may be obtained as provided by law. (b) Parent,…
No opinion cites this provision by number.
Cited as rule 8.250 under earlier numbering (3)
These opinions cite a rule numbered 8.250 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.
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(a) Child. Mental or physical examination of a child may be obtained as provided by law.
(b) Parent, Legal Custodian, or Other Person who has Custody or is Requesting Custody.
(1) Pre-Dependency Adjudication.
(A) Physical or Mental Examination. Before a dependency adjudication, if the mental or physical condition, including the blood group, of a parent, legal custodian, or other person who has custody or is requesting custody of a child is in controversy, any party may request the court to order the person to submit to a physical or mental examination by a qualified professional on a showing of good cause.
(B) Substance Abuse Assessment or Evaluation. Before a dependency adjudication, the court may order a person who has custody or is requesting custody of the child to submit to a substance abuse assessment or evaluation by a qualified professional on a showing of good cause.
(2) Post-Dependency Adjudication.
(A) Physical or Mental Examination. After a dependency adjudication, the court, on request of any party, may require the person who has custody or who is requesting custody of the child to submit to a physical or mental health examination. The order may be made only on good cause shown. The mental health examination must be administered by a qualified professional as defined by law. The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a mental health court program established by law.
(B) Substance Abuse Assessment or Evaluation. After a dependency adjudication, the court, on request of any party, may require the person who has custody or who is requesting custody of the child to submit to a substance abuse assessment or evaluation. The order may be made only on good cause shown. The substance abuse assessment or evaluation must be administered by a qualified professional as defined by law. The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a treatment- based drug court program established by law. Adjudication of a child as dependent based on evidence of harm as defined by law demonstrates good cause, and the court must require the parent whose actions caused the harm to submit to a substance abuse disorder assessment or evaluation and to participate and comply with treatment and services identified in the assessment or evaluation as being necessary.
(3) Notice. The order may be made only after notice to the person to be examined, assessed, or evaluated, and to all parties and must specify the time, place, manner, conditions, and scope of the examination, assessment, or evaluation and the person or persons by whom it is to be made.
(4) Hearing to Quash. The person whose examination, assessment, or evaluation is requested may request a hearing seeking to quash the request after receiving notice of the request. Any written or oral motion must advise the person whose examination, assessment, or evaluation is sought of the person’s right to request a hearing seeking to quash the request.
(5) Court’s Own Motion. The court may, on its own motion and after notice, order a parent, legal custodian, or other person who has custody or is requesting custody to undergo a physical or mental examination or a substance abuse evaluation, or assessment, treatment, or counseling activities as authorized by law and this rule.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2007-02-08 Amended · 951 So.2d 804
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1991 Amendment. This rule allows any party to request an evaluation but provides a mechanism for a hearing to quash the request.