Fla. R. Juv. P. 8.350

(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.