Residential Placement of Children

1. Residential Placement of Children 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

2. Legal Authority • 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 )

3. Statutory Timelines • 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))

4. Timelines (cont.) • 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.

5. Florida Statute §39.407 • F.S. §39.407 (5) Allows children in out-of-home 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)

6. F. S. §39.407 (6) • (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)

7. F. S. §39.407 (6) • (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

8. F. S. §39.407 (6) • (h) 90 day Review Hearings to continue as long as child is placed

9. Timelines for dcf • DCF must adopt timelines and internal procedures pursuant to statute (§39.407(6)(i)) to make this process work. • Practical implcations

10. FSMO Process • 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.

11. Who is required to be present at hearings? • 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

12. Writing Requirements • 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)

13. Case Law Review

14. Cases • 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).

15. How does this play out in Court? Logistics

16. What does this really mean for kids? What is an RTC really like? Residential Treatment Centers

17. What do they really need? What do children really need from their gals?AALs?

18. Children paying for cost of care. What are they entitled to? Master trust issuesfunding

19. Is Residential Treatment really the answer? runaways

20. When is a child “cured” • 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.

21. Psychotropic medications • Florida Statute 39.407 • Documents that must accompany request for psychotropic medication • Provision to children without parental consent • Replacing or supplementing currently prescribed medications

22. Questions?