Placement of child into residential treatment programRule 8.350
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. · § 39.01305 · § 39.822
14 opinions cite Rule 8.350
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G.T. v. Department of Children & Family Services 935 So. 2d 1245 · 1D06-0280 · 1st DCA 2006
· cited by 2 in all courts
Commitment of a dependent teen to residential mental health treatment reversed because DCF offered only hearsay, not competent expert evidence, of an emotional disturbance.
…him to a residential mental health treatment facility. At an evidentiary hearing conducted in purported conformity with Florida Rule of Juvenile Procedure Rule 8.350, no competent evidence was adduced to show that G.T. had been “diagnosed with a mental, emotional, or behavioral disorder of sufficient duration to meet one…
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In re J.W. 890 So. 2d 337 · 2D03-5766 · 2nd DCA 2004
· cited by 5 in all courts
Clear and convincing evidence governs residential mental-health placement of a dependent child, but DCF gets a new hearing because the standard changed post-hearing.
…means of treating J.W. We reverse and remand for a new hearing on the Department's motion. The Department filed a motion pursuant to Florida Rule of Juvenile Procedure 8.350 seeking to place J.W. into a residential mental health treatment facility. On August 8, 2003, following an emergency hearing, the trial court granted the…
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L.T. v. Department of Children & Families 967 So. 2d 456 · 4D07-1047 · 4th DCA 2007
Commitment to a residential treatment facility affirmed; holding the hearing with the Baker-Acted child on the phone was proper and she could meaningfully participate.
…shall be present at the hearing unless the court determines pursuant to subdivision (c) that a court appearance is not in the child's best interest." Fla. R. Juv. P. 8.350(a)(10). Subdivision (c) provides: The child shall be present at all court hearings unless the court finds that the child's mental or physical condition is such…
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Department of Children & Families v. in the Interest of J.B. 154 So. 3d 479 · 3D14-1272 · 3rd DCA 2015
· cited by 5 in all courts
Order making DCF pay the attorney ad litem's travel to the child's out-of-state treatment facility was quashed as violating separation of powers.
…course of the commitment proceedings will likely be more willing to accept hospitalization and treatment.” Amendment to the Rules of Juvenile Procedure, Fla. R. Juv. P. 8.350, 804 So. 2d 1206, 1211 (Fla. 2001). 3 exceeded its judicial authority by encroaching on the powers of the…
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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.
…is simple. Parents are already provided attorneys, while until recently children were not. As was noted in Amendment to the Rules of Juvenile Procedure, Fla. R. Juv. P. 8.350., 804 So.2d 1206, 1210 (Fla.2001), "`attorneys [ad litem] serve the essential role of advocating in court so that the child is represented by an attorney…
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Amendment to Rules of Juvenile Proc. 8.350 842 So. 2d 763 · SC00-2044-2 · Florida Supreme Court 2003
· cited by 3 in all courts
Supreme Court adopted juvenile rule 8.350 requiring a precommitment hearing and appointed counsel when a dependent child objects to placement in a residential mental-health facility.
…Robert G. Schwartz, Executive Director, Juvenile Law Center, Philadelphia, PA, Responding. PARIENTE, J. We consider once again proposed Florida Rule of Juvenile Procedure 8.350, Placement of Child into Residential Treatment Center after Adjudication of Dependency, submitted to this Court by the Juvenile Court Rules Committee (the…
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In re Amendments to Florida Rules of Juvenile Procedure 8.013 and 8.350 SC22-1674 · Florida Supreme Court 2023
…of Governors of The Florida Bar approved the proposed amendments to rule 8.013 by a vote of 32-10, and it unanimously approved the proposed amendments to rule 8.350. 1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). The Committee did not publish the…
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In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006
· cited by 3 in all courts
…majority of the amendments proposed by the Committee received no comment. We adopt without change the proposed amendments to rules 8.045, 8.135, 8.210, 8.257, 8.350, 8.515, and 8.535 and forms 8.911, 8.930, 8.964, 8.966, 8.980, 8.981, 8.983. [1] We also adopt without change the proposed new form 8.975. We adopt the…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…care. See ch. 2019-128, § 4, Laws of Fla. (amending § 39.507(7)(c), Fla. Stat. (2018)). Subdivision (b) (Continuing Residential Placement Reviews) of rule 8.350 (Placement of Child into Residential Treatment Center After Adjudication of Dependency) is amended to change the timeframe for the court’s review of…
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In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-3 · Florida Supreme Court 2015
…a dependent child is a child of special needs. Subdivision (c) (Duties of Attorney) provides the duties of the appointed attorney. The amendments to rules 8.350 (Placement of Children into Residential Treatment Center After Adjudication of Dependency), and 8.355 (Administration of Psychotropic Medication to a Child…
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In re Amendments to the Florida Rules of Juvenile Procedure 158 So. 3d 523 · SC15-150-5 · Florida Supreme Court 2015
· cited by 4 in all courts
…a dependent child is a child of special needs. Subdivision (c) (Duties of Attorney) provides the duties of the appointed attorney. The amendments to rules 8.350 (Placement of Children into Residential Treatment Center After Adjudication of Dependency), and 8.355 (Administration of Psychotropic Medication to a Child…
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…status of the child. The rule addresses the requirements for the content of the motion, service of the motion, and procedures for a hearing on the motion. Rule 8.350 (Placement of Child Into Residential Treatment Center After Adjudication of Dependency) is amended to delete the requirement in subdivision (a)(ll)(A)(iii)…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…hours before the supplemental disposition hearing. - 17 - (B) [No Change] (3) [No Change] RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL TREATMENT PROGRAM (a) Placement. (1)-(2) [No Change] (3)…
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In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022
…or summons by e-mail by providing a primary e-mail address to the clerk of court. (f)-(i) [No Change] - 29 - RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL TREATMENT CENTER AFTER ADJUDICATION OF DEPENDENCY (a) Placement. …
No opinion cites this provision by number.
Cited as rule 8.350 under earlier numbering (1)
These opinions cite a rule numbered 8.350 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 2003-03-06). They are about a different rule.
0 admin code rules cite Rule 8.350
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.350.
1 CFOP cite Rule 8.350
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 170-11 Placement p. 23
No CFOP cites this provision.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(a) Placement.
(1) Treatment Program Defined. Any reference in this rule to a residential treatment program is to a placement for observation, diagnosis, or treatment of an emotional disturbance in a residential treatment center or facility licensed under section 394.875, Florida Statutes, or a hospital licensed under chapter 395, Florida Statutes. This rule does not apply to placement under sections 394.463 or 394.467, Florida Statutes.
(2) Basis for Placement. The placement of any child for residential mental health treatment must be as provided by law.
(3) Assessment by Qualified Evaluator. Whenever the department believes that a child in its legal custody may require placement in a residential treatment program, the department must arrange to have the child assessed by a qualified evaluator as provided by law and must file notice of this with the court and all parties. On the filing of this notice by the department, the court must appoint a guardian ad litem for the child, and must also appoint an attorney for the child. All appointments under this rule must conform to the provisions of rule 8.231. Both the guardian ad litem and attorney must meet the child and must have the opportunity to discuss the child’s suitability for residential treatment with the qualified evaluator conducting the assessment. On the completion of the evaluator’s written assessment, the department must provide a copy to the court and to all parties within 5 days after the department’s receipt of the assessment. The guardian ad litem must also provide a written report to the court and to all parties indicating the guardian ad litem’s recommendation as to the child’s placement in residential treatment and the child’s wishes.
(4) Motion for Placement. If the department seeks to place the child in a residential treatment program, the department must immediately file a motion for placement of the child with the court. This motion must include a statement as to why the child is suitable for this placement and why less restrictive alternatives are not appropriate and also must include the written findings of the qualified evaluator. The motion must state whether all parties, including the child, are in agreement. Copies of the motion must be served on the child’s attorney and all parties and participants.
(5) Immediate Placement. If the evaluator’s written assessment indicates that the child requires immediate placement in a residential treatment program and that such placement cannot wait for a hearing, then the department may place the child pending a hearing, unless the court orders otherwise.
(6) Guardian ad Litem. The guardian ad litem must be represented by an attorney at all proceedings under this rule, unless the guardian ad litem is acting as an attorney.
(7) Status Hearing. On the filing of a motion for placement, the court must set the matter for a status hearing within 48 hours, excluding weekends and holidays. The department must timely provide notice of the date, time, and place of the hearing to all parties and participants.
(8) Notice of Hearing. The child’s attorney or guardian ad litem must notify the child of the date, time, and place and communication technology information for the hearing. No hearing may proceed without the presence of the child’s attorney. The guardian ad litem may be excused by the court for good cause shown.
(9) Disagreement with Placement. If no party disagrees with the department’s motion at the status hearing, then the motion for placement may be approved by the court. However, if any party, including the child, disagrees, then the court must set the matter for hearing within 10 working days.
(10) Presence of Child. The child must be present at the hearing unless the court determines under subdivision (c) that a court appearance is not in the child’s best interest. In such circumstances, the child must be provided the opportunity to express his or her views to the court by a method deemed appropriate by the court.
(11) Hearing on Placement.
(A) At the hearing, the court must consider, at a minimum, all of the following:
(i) based on an independent assessment of the child, the recommendation of a department representative or authorized agent that the residential treatment is in the child’s best interest and a showing that the placement is the least restrictive available alternative;
(ii) the recommendation of the guardian ad litem;
(iii) the written findings of the evaluation and suitability assessment prepared by a qualified evaluator; and
(iv) the views regarding placement in residential treatment that the child expresses to the court.
(B) All parties must be permitted to present evidence and witnesses concerning the suitability of the placement.
(C) If the court determines that the child is not suitable for residential treatment, the court must order the department to place the child in the least restrictive setting that is best suited to meet the child’s needs.
(b) Continuing Residential Placement Reviews.
(1) The court must conduct a hearing to review the status of the child’s residential treatment plan no later than 60 days after the child’s admission to the residential treatment program. An independent review of the child’s progress toward achieving the goals and objectives of the treatment plan must be completed by a qualified evaluator and submitted to the court, the child’s attorney, and all parties in writing at least 72 hours before the 60-day review hearing.
(2) Review hearings must be conducted every 3 months thereafter, until the child is placed in a less restrictive setting. At each 3-month review hearing, if the child is not represented by an attorney, the court must appoint counsel. At the 3-month review hearing the court must determine whether the child disagrees with continued placement.
(3) If the court determines at any hearing that the child is not suitable for continued residential treatment, the court must order the department to place the child in the least restrictive setting that is best suited to meet the child’s needs.
(c) Presence of Child. The child must be present at all court hearings unless the court finds that the child’s mental or physical condition is such that a court appearance is not in the child’s best interest. In such circumstances, the child must be provided the opportunity to express his or her views to the court by a method deemed appropriate by the court.
(d) Standard of Proof. At the hearing, the court must determine whether the evidence supporting involuntary commitment of a dependent child to a residential treatment program is clear and convincing.
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. 2019-11-27 Amended · 286 So.3d 82
- Eff. 2016-01-21 Amended · 191 So.3d 257
- Eff. 2013-07-01 Amended · 115 So.3d 286
- Eff. 2007-01-01 Amended · 939 So.2d 74
- Eff. 2003-03-06 Added · 842 So.2d 763
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1991-07-01 Amended · 589 So.2d 818