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March 7, 2003
TALLAHASSEE -- Juveniles must be provided a hearing and a lawyer before they can be committed to a residential facility for mental treatment, the Florida Supreme Court ruled Thursday.
The court adopted a new rule of juvenile procedure, providing for the legal representation when a child objects to the commitment.
Justice Barbara Pariente said in the 5-2 opinion that concerns that there would not be enough lawyers to represent the children were unfounded.
"The children (the Department of Children and Families) seeks to commit to a residential facility constitute a small percentage of the total number of dependent children," Pariente wrote.
Pariente said information from DCF indicated that 392 children were placed in residential treatment in the 1999-2000 fiscal year and 518 in 2000-01.
Pariente said that if no lawyer is available, there is an exception in the rule allowing the court to order immediate commitment if the child's condition is so severe that he or she would be harmed by waiting for a hearing.
Justice Charles Wells dissented, saying the court had no authority to mandate appointment of counsel. He also questioned whether there was money available.
Senior Justice Major B. Harding agreed appointment of counsel was a good idea, but also did not see a constitutional or statutory basis for the court to require it.
Karen Gievers, president of the Children's Advocacy Foundation, said, "This ruling is a clear message ... that children have rights that cannot be trampled on."