RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL
TREATMENT PROGRAM

(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.