Juvenile Court Rules.

• Author: Silverstein, David Neal
• Position: Annual Reports of Committees of the Florida Bar: 2018-2019

The Juvenile Court Rules Committee has made significant accomplishments this past year to improve the delinquency and dependency court system for children and their families. The committee is comprised of dedicated and committed judges, general magistrates, and attorneys who represent children, parents, and state and county agencies. Many committee members are board certified in juvenile law. The committee is divided into two subcommittees, the Delinquency Subcommittee, led by Linda Berman, and the Dependency Subcommittee, led by Matthew Wilson. Committee members spend a considerable amount of time working on rule changes and attending monthly subcommittee meetings. The committee has begun to use Skype and uses a projector in the meeting room to enhance the members' ability to see the proposed changes before voting.

This year the committee considered and addressed many significant issues. The committee submitted its three-year cycle report to the Florida Supreme Court. The court held oral argument on the committee's proposed changes to Rule 8.010(e)(10) regarding the advisement of children of immigration consequences as a result of a plea; Rule 8.090(m)(3) which establishes a 15-day speedy trial recapture window; and Rule 8.255(e), which addressed testimony through the use of communication equipment. The court modified Rule 8.010(e)(10) and Form 8.953 changing the term "immigration consequences" to "deportation consequences." The court declined to adopt Rules 8.090(m)(3), 8.255(e), and 8.257(d)(3) and directed that the committee coordinate with other rules committees on these proposals. The court adopted proposed changes to rules regarding custody orders for a child's failure to appear, discovery of informant witnesses, the use of restraints on children in court, and the appointment of an attorney for children and young adults who have special needs.

The committee passed several proposed changes to the delinquency rules regarding remote testimony and the protection of sensitive witnesses at depositions. The Delinquency Subcommittee has made significant progress in the revision of Rule 8.095 to improve the process for determining whether children are incompetent to proceed with trial. The committee...