Bethanie Barber
Assistant Guardian ad Litem Program Coordinator
Legal Aid Society of the O.C.B.A.
100 E. Robinson Street
Orlando, Fl 32801
(407) 841-8310 x3176
(407) 843-9713 fax
 Florida
Statute 39.407
 Florida Rule of Juvenile Procedure 8.095
(PROCEDURE WHEN CHILD BELIEVED TO BE INCOMPETENT OR
INSANE )
 Florida
Rule of Juvenile Procedure 8.350
(PLACEMENT OF CHILD INTO RESIDENTIAL TREATMENT CENTER AFTER
ADJUDICATION OF DEPENDENCY )
 Florida
Rule of Juvenile Procedure 8.355
(ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO A CHILD IN
SHELTER CARE OR IN FOSTER CARE WHEN PARENTAL CONSENT HAS NOT
BEEN OBTAINED )
 Department
to file written notice of intent
with the court before it has a child evaluated
for residential placement (8.350(3)).
 Upon completion of the Assessment, the
written evaluation shall be provided to all
parties immediately upon receipt and an AAL
appointed if necessary (8.350(3) & (6))
 Motion for Residential Placement to
immediately be filed(8.350(4))
 Status Hearing to be held w/in 48 hours of
motion being filed(8.350(7))
 If
hearing occurs without the GAL, the court
shall schedule another hearing within 24
hours. (8.350(8))
 At hearing, inquiry made as to whether child
(or any other party) objects – if so – full
hearing to be held within 10 days. (8.350(9))
 Subsequent Review Hearings within 90 days.
 F.S.
§39.407 (5) Allows children in out-ofhome placements to receive per court order
mental health or developmental services as
deemed appropriate.
 F.S.
§39.407 (6) Outlines placement in
“residential treatment” (defined) and
requires suitability assessment (copies must
be provided to the GAL and opportunity to
discuss with the evaluator)
 (e)
within 10 days of placement, an
individualized treatment plan created and
explained to child, DCF, and GAL. Child
MUST be involved in preparation. Copy of
plan MUST be provided to GAL
 (f) within 30 days of placement a review of
the appropriateness of the placement must
be done by the facility and this will continue
of a 30 day basis. These reviews will be put
in writing and submitted to the GAL and DCF.
DCF must file with the court. (can withhold
payment)
 (g)
(1) at the beginning of each month DCF
MUST submit a report outlining the progress
of the child toward their goals.
 (g) (2) every 90 days a hearing must be held
to review placement. An independent review
is to be performed and the report submitted
PRIOR to the hearing
 (g)(3) placement must be addressed at any
JRs scheduled
 (g)(4) court can always order the child
stepped down to a less restrictive placement
 (h)
90 day Review Hearings to continue as
long as child is placed
 DCF
must adopt timelines and internal
procedures pursuant to statute
(§39.407(6)(i)) to make this process work.
 Practical implcations
 If
the Court believes the child should be
evaluated an MDT Staffing must be held prior
to Suitability Assessment being scheduled.
 Upon
recommendation, a Suitability
Assessment will be scheduled.
 If
not prompted by the court, then filing of
the Notice is required.
 CHILD
Rule 8.350 (a)(10) & 8.350 (b)(3) -exceptions
 GAL Rule 8.350(a)(8)
 AAL Rule 8.350(9)
 DCF – usually the petitioner
 Assessor (in person or by phone for
evidentiary portion)
 Parents/counsel – not required, but hopefully
participating
 GAL
report (8.350(a)(3))
 Suitability Assessment 39.407(6)(c)
 Individualized Treatment Plan 39.407(6)(e)
 30 day Reviews 39.407(6)(f)
 DCF monthly status 39.407(6)(g)(1)
Required Evidence – must put on mental health
professional and allow for cross examination and
inquiry. GT v. DCF, 935 So.2d 1245 (Fla 1st DCA
2006).
 Child can be present by phone if the court makes
a finding that it is not in the child’s best interest
to appear in person and the child is afforded an
opportunity to participate and confer with
her/his AAL. L.T. v. DCF, 967 So.2d 456 (Fla. 4th
DCA 2007).
 Standard of Proof is Clear and Convincing. DCF
v. J.W., 890 SO.2d 337 (Fla. 2nd DCA 2004).

How does this play out in Court?
What does this really mean for kids?
What is an RTC really like?
What do they really need?
Children paying for cost of care.
What are they entitled to?
Is Residential Treatment really the answer?
 Focus
on treatment goals, do you really need
100% progress on goals for release?
 What if they have completed the goals that
were the reason for locked placement?
 These children will always have “issues”
inherent in the dependency system.
 Request new evaluations/suitability
assessments to step-down the child to a
lesser restrictive placement.
 Florida
Statute 39.407
 Documents that must accompany request for
psychotropic medication
 Provision to children without parental
consent
 Replacing or supplementing currently
prescribed medications