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FLORIDA RULES OF JUVENILE PROCEDURE
TABLE OF CONTENTS
FLORIDA RULES OF JUVENILE PROCEDURE
TABLE OF CONTENTS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
PART I. RULES OF GENERAL APPLICATION
RULE 8.000. SCOPE AND PURPOSE
RULE 8.001. COMMUNICATION TECHNOLOGY
RULE 8.002. DEFINITIONS
RULE 8.003. FAMILY LAW COVER SHEET
RULE 8.004. ELECTRONIC FILING
PART II. DELINQUENCY PROCEEDINGS
A. PRELIMINARY PROCEEDINGS
RULE 8.005. ORDERING CHILDREN INTO CUSTODY
RULE 8.010. DETENTION HEARING
RULE 8.013. DETENTION PETITION AND ORDER
RULE 8.015. ARRAIGNMENT OF DETAINED CHILD
B. PLEADINGS, PROCESS, AND ORDERS
RULE 8.025. STYLE OF PLEADINGS AND ORDERS
RULE 8.030. COMMENCEMENT OF FORMAL PROCEEDINGS
RULE 8.031. PETITION FOR PARENTAL SANCTIONS
RULE 8.035. PETITIONS FOR DELINQUENCY
RULE 8.040. PROCESS
RULE 8.041. WITNESS ATTENDANCE AND SUBPOENAS
RULE 8.045. NOTICE TO APPEAR
RULE 8.055. ORDERS
C. DISCOVERY
RULE 8.060. DISCOVERY
RULE 8.065. NOTICE OF DEFENSE OF ALIBI
D. ARRAIGNMENTS AND PLEAS
RULE 8.070. ARRAIGNMENTS
RULE 8.075. PLEAS
RULE 8.080. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE
PLEA
E. MOTIONS AND SERVICE OF PLEADINGS
RULE 8.085. PREHEARING MOTIONS AND SERVICE
RULE 8.090. SPEEDY TRIAL
RULE 8.095. PROCEDURE WHEN CHILD BELIEVED TO BE
INCOMPETENT OR INSANE
F. HEARINGS
RULE 8.100. GENERAL PROVISIONS FOR HEARINGS
RULE 8.104. TESTIMONY BY CLOSED-CIRCUIT TELEVISION OR
AUDIO-VIDEO COMMUNICATION TECHNOLOGY
RULE 8.105. WAIVER OF JURISDICTION
RULE 8.110. ADJUDICATORY HEARINGS
RULE 8.115. DISPOSITION HEARING
RULE 8.120. POST-DISPOSITION HEARING
G. RELIEF FROM ORDERS AND JUDGMENTS
RULE 8.130. MOTION FOR REHEARING
RULE 8.135. CORRECTION OF DISPOSITION OR COMMITMENT
ORDERS
RULE 8.140. EXTRAORDINARY RELIEF
RULE 8.145. SUPERSEDEAS ON APPEAL
H. CONTEMPT
RULE 8.150. CONTEMPT
I. GENERAL PROVISIONS
RULE 8.160. TRANSFER OF CASES
RULE 8.165. PROVIDING COUNSEL TO PARTIES
RULE 8.170. GUARDIAN AD LITEM
RULE 8.180. COMPUTATION AND ENLARGEMENT OF TIME
RULE 8.185. COMMUNITY ARBITRATION
PART III. DEPENDENCY AND TERMINATION OF PARENTAL
RIGHTS PROCEEDINGS
A. GENERAL PROVISIONS
RULE 8.201. COMMENCEMENT OF PROCEEDINGS
RULE 8.203. APPLICATION OF UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT
RULE 8.205. TRANSFER OF CASES
RULE 8.210. PARTIES AND PARTICIPANTS
RULE 8.215. GUARDIAN AD LITEM
RULE 8.217. ATTORNEY AD LITEM
RULE 8.220. STYLE OF PLEADING AND ORDERS
RULE 8.224. PERMANENT MAILING ADDRESS
RULE 8.225. PROCESS, DILIGENT SEARCHES, AND SERVICE OF
PLEADINGS AND PAPERS
RULE 8.226. DETERMINATION OF PARENTHOOD
RULE 8.230. PLEADINGS TO BE SIGNED
RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN
WITH SPECIAL NEEDS WHO HAVE A STATUTORY RIGHT TO
COUNSEL
RULE 8.235. MOTIONS
RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND
ENLARGEMENT OF TIME
RULE 8.245. DISCOVERY
RULE 8.250. EXAMINATIONS, EVALUATION, AND TREATMENT 145
RULE 8.255. GENERAL PROVISIONS FOR HEARINGS
RULE 8.257. GENERAL MAGISTRATES
RULE 8.260. ORDERS
RULE 8.265. MOTION FOR REHEARING
RULE 8.270. RELIEF FROM JUDGMENTS OR ORDERS
RULE 8.276. APPEAL PROCEDURES
RULE 8.285. CRIMINAL CONTEMPT
RULE 8.286. CIVIL CONTEMPT
RULE 8.290. DEPENDENCY MEDIATION
RULE 8.292. APPOINTMENT AND DISCHARGE OF SURROGATE
PARENT
B. TAKING CHILDREN INTO CUSTODY AND SHELTER
HEARINGS
RULE 8.300. TAKING INTO CUSTODY
RULE 8.305. SHELTER PETITION, HEARING, AND ORDER
C. PETITION, ARRAIGNMENT, ADJUDICATION, AND
DISPOSITION
RULE 8.310. DEPENDENCY PETITIONS
RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES.
RULE 8.320. PROVIDING COUNSEL TO PARTIES
RULE 8.325. ANSWERS AND PLEADINGS
RULE 8.330. ADJUDICATORY HEARINGS
RULE 8.332. ORDER FINDING DEPENDENCY
RULE 8.335. ALTERNATIVES PENDING DISPOSITION
RULE 8.340. DISPOSITION HEARINGS
RULE 8.345. POST-DISPOSITION RELIEF
RULE 8.347. MOTION TO SUPPLEMENT ORDER OF
ADJUDICATION, DISPOSITION ORDER, AND CASE PLAN
RULE 8.350. PLACEMENT OF CHILD INTO RESIDENTIAL
TREATMENT PROGRAM
RULE 8.355. ADMINISTRATION OF PSYCHOTROPIC MEDICATION
TO A CHILD IN SHELTER CARE OR IN FOSTER CARE WHEN
PARENTAL CONSENT HAS NOT BEEN OBTAINED
D. CASE PLANS
RULE 8.400. CASE PLAN DEVELOPMENT
RULE 8.401. CASE PLAN DEVELOPMENT FOR YOUNG ADULTS
RULE 8.410. APPROVAL OF CASE PLANS
RULE 8.415. JUDICIAL REVIEW OF DEPENDENCY CASES
RULE 8.420. CASE PLAN AMENDMENTS
RULE 8.425. PERMANENCY HEARINGS
RULE 8.430. MODIFICATION OF PERMANENCY ORDER
RULE 8.435. REINSTATEMENT OF JURISDICTION FOR YOUNG
ADULT
RULE 8.445. PETITION FOR ADJUDICATION AND PERMANENT
COMMITMENT
E. TERMINATION OF PARENTAL RIGHTS
RULE 8.500. PETITION
RULE 8.505. PROCESS AND SERVICE
RULE 8.510. ADVISORY HEARING AND PRETRIAL STATUS
CONFERENCES
RULE 8.515. PROVIDING COUNSEL TO PARTIES
RULE 8.517. WITHDRAWAL AND APPOINTMENT OF ATTORNEY
RULE 8.520. ANSWERS AND RESPONSIVE PLEADINGS
RULE 8.525. ADJUDICATORY HEARINGS
RULE 8.530. PARENT’S MOTION CLAIMING INEFFECTIVE
ASSISTANCE OF COUNSEL FOLLOWING ORDER TERMINATING
PARENTAL RIGHTS
RULE 8.535. POSTDISPOSITION HEARINGS
RULE 8.540. MOTION TO REINSTATE PARENTAL RIGHTS
PART IV. PROCEEDINGS FOR FAMILIES AND CHILDREN IN
NEED OF SERVICES
RULE 8.601. COMMENCEMENT OF PROCEEDINGS
RULE 8.603. APPLICATION OF UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT
RULE 8.605. TRANSFER OF CASES
RULE 8.610. PARTIES
RULE 8.615. PROVIDING COUNSEL TO PARTIES
RULE 8.617. GUARDIAN AD LITEM
RULE 8.620. STYLE OF PLEADINGS AND ORDERS
RULE 8.625. GENERAL PROVISIONS FOR HEARINGS
RULE 8.630. COMPUTATION AND ENLARGEMENT OF TIME
RULE 8.635. PROCESS
RULE 8.640. PLEADINGS TO BE SIGNED
RULE 8.645. ORDERS
RULE 8.650. TAKING INTO CUSTODY
RULE 8.655. SHELTER PETITION, HEARING, AND ORDER
RULE 8.660. PETITIONS
RULE 8.665. ANSWERS, ARRAIGNMENTS, AND PREHEARING
CONFERENCES
RULE 8.670. MOTIONS
RULE 8.675. EXAMINATIONS, EVALUATION, AND TREATMENT 275
RULE 8.680. DISCOVERY
RULE 8.685. ADJUDICATORY HEARINGS
RULE 8.690. DISPOSITION HEARINGS
RULE 8.695. POSTDISPOSITION RELIEF
PART V. OTHER PROCEEDINGS
A. GUARDIAN ADVOCATES FOR DRUG-DEPENDENT
NEWBORNS
RULE 8.705. COMMENCEMENT OF PROCEEDINGS
RULE 8.710. PARTIES
RULE 8.715. GUARDIAN AD LITEM
RULE 8.720. PROCESS AND SERVICE
RULE 8.725. PETITION
RULE 8.730. HEARING
RULE 8.735. REVIEW AND REMOVAL
B. JUDICIAL WAIVER OF PARENTAL NOTICEOF
TERMINATION OF PREGNANCY
RULE 8.800. APPLICABILITY
RULE 8.805. COMMENCEMENT OF PROCEEDINGS
RULE 8.810. PETITION
RULE 8.815. COUNSEL
RULE 8.820. HEARING
RULE 8.825. ORDER AND JUDGMENT
RULE 8.830. TRANSCRIPTS
RULE 8.835. CONFIDENTIALITY OF RECORDS
RULE 8.840. REMAND OF PROCEEDINGS
C. TRUANCY PROCEEDINGS
RULE 8.850. APPLICABILITY
RULE 8.855. COMMENCEMENT OF PROCEEDINGS
RULE 8.860. PETITION
RULE 8.865. HEARINGS
RULE 8.870. ORDER
PART VI. FORMS FOR USE WITH RULES OF JUVENILE
PROCEDURE
A. GENERAL FORMS
FORM 8.901. CAPTION OF PLEADINGS AND ORDERS
FORM 8.902. VERIFICATION
FORM 8.903. CERTIFICATE OF SERVICE
FORM 8.904. AFFIDAVIT FOR ORDER TO TAKE INTO CUSTODY
FORM 8.905. ORDER TO TAKE INTO CUSTODY
FORM 8.906. RELEASE ORDER
FORM 8.907. TRANSFER ORDER
FORM 8.908. SUMMONS
FORM 8.909. PLAN FOR TREATMENT, TRAINING, OR CONDUCT
FORM 8.911. UNIFORM CHILD CUSTODY JURISDICTION AND
ENFORCEMENT ACT AFFIDAVIT
FORM 8.912. PETITION TO SHOW CAUSE
FORM 8.913. ORDER TO SHOW CAUSE
B. DELINQUENCY FORMS
FORM 8.929. DETENTION ORDER
FORM 8.930. JUVENILE NOTICE TO APPEAR
FORM 8.931. DELINQUENCY PETITION
FORM 8.932. APPLICATION FOR COUNSEL AND ORDER
FORM 8.933. WAIVER OF COUNSEL
FORM 8.934. ORDER TO DETERMINE MENTAL CONDITION
FORM 8.935. ORDER OF INCOMPETENCY
FORM 8.936. ORDER OF COMPETENCY
FORM 8.937. DEMAND FOR VOLUNTARY WAIVER
FORM 8.938. ORDER OF VOLUNTARY WAIVER
FORM 8.939. MOTION FOR INVOLUNTARY WAIVER
FORM 8.940. MOTION TO COMPILE REPORT
FORM 8.941. ORDER TO COMPILE REPORT
FORM 8.942. ORDER OF INVOLUNTARY WAIVER
FORM 8.947. DISPOSITION ORDER — DELINQUENCY
FORM 8.948. PETITION FOR REVOCATION OF JUVENILE
PROBATION
FORM 8.949. ORDER FOR HIV TESTING
FORM 8.950. RESTITUTION ORDER
FORM 8.951. MOTION FOR JUVENILE SEXUAL OFFENDER
PLACEMENT
FORM 8.952. FINDINGS FOR JUVENILE SEXUAL OFFENDER
REGISTRATION
FORM 8.953. WAIVER OF RIGHTS
C. DEPENDENCY FORMS
FORM 8.958. ORDER APPOINTING SURROGATE PARENT
FORM 8.959. SUMMONS FOR DEPENDENCY ARRAIGNMENT
FORM 8.960 SHELTER PETITION
FORM 8.961. SHELTER ORDER
FORM 8.961(A). ORDER AUTHORIZING ACCESS TO CHILD’S
MEDICAL AND EDUCATIONAL RECORDS
FORM 8.964. DEPENDENCY PETITION
FORM 8.965. ARRAIGNMENT ORDER
FORM 8.966. ADJUDICATION ORDER — DEPENDENCY
FORM 8.967. ORDER OF DISPOSITION, ACCEPTANCE OF CASE
PLAN, AND NOTICE OF HEARING
FORM 8.968. AFFIDAVIT OF DILIGENT SEARCH
FORM 8.969. SWORN STATEMENT REGARDING IDENTITY OR
LOCATION OF FATHER
FORM 8.970. ORDER ON JUDICIAL REVIEW
FORM 8.973A. ORDER ON JUDICIAL REVIEW FOR CHILD AGE
16
FORM 8.973B. ORDER ON JUDICIAL REVIEW FOR CHILD AGE
17 OR OLDER
FORM 8.973C. ORDER ON JUDICIAL REVIEW
FORM 8.973D. ORDER ON JUDICIAL REVIEW FOR YOUNG
ADULTS IN EXTENDED FOSTER CARE
FORM 8.975. DEPENDENCY ORDER WITHHOLDING
ADJUDICATION
FORM 8.976. PROPOSED RELATIVE PLACEMENT
FORM 8.977. ORDER AUTHORIZING CHILD TO ENTER INTO
RESIDENTIAL LEASEHOLD AND SECURE UTILITY SERVICES
BEFORE THE CHILD’S 18TH BIRTHDAY
FORM 8.978. ORDER AUTHORIZING CHILD TO SECURE
DEPOSITORY FINANCIAL SERVICES BEFORE THE CHILD’S 18TH
BIRTHDAY
FORM 8.978(A). ORDER CONCERNING YOUTH’S ELIGIBILITY
FOR FLORIDA’S TUITION AND FEE EXEMPTION.
D. TERMINATION OF PARENTAL RIGHTS FORMS
FORM 8.979. SUMMONS FOR ADVISORY HEARING
FORM 8.980. PETITION FOR TERMINATION OF PARENTAL RIGHTS
BASED ON VOLUNTARY RELINQUISHMENT
FORM 8.981. PETITION FOR INVOLUNTARY TERMINATION OF
PARENTAL RIGHTS
FORM 8.982 NOTICE OF ACTION FOR ADVISORY HEARING
FORM 8.983. ORDER INVOLUNTARILY TERMINATING PARENTAL
RIGHTS
FORM 8.9831. MOTION CLAIMING INEFFECTIVE ASSISTANCE
OF COUNSEL AFTER ORDER TERMINATING PARENTAL RIGHTS
FORM 8.9832. ORDER ON MOTION CLAIMING INEFFECTIVE
ASSISTANCE OF COUNSEL AFTER ORDER TERMINATING
PARENTAL RIGHTS
FORM 8.984. ORDER TERMINATING PARENTAL RIGHTS
(VOLUNTARY)............................................................................. 452
FORM 8.985. MOTION TO TERMINATE SUPERVISION AND
JURISDICTION
FORM 8.986. ORDER TERMINATING SUPERVISION AND
JURISDICTION
E. JUDICIAL WAIVER OF PARENTAL NOTICE OF
TERMINATION OF PREGNANCY FORMS
FORM 8.987. PETITION FOR JUDICIAL WAIVER OF PARENTAL
NOTICE AND CONSENT OR CONSENT ONLY TO TERMINATION OF
PREGNANCY
FORM 8.988. SWORN STATEMENT OF TRUE NAME AND
PSEUDONYM
FORM 8.989. ADVISORY NOTICE TO MINOR
FORM 8.990. FINAL ORDER GRANTING PETITION FOR JUDICIAL
WAIVER OF PARENTAL NOTICE AND CONSENT OR CONSENT
ONLY TO TERMINATION OF PREGNANCY
FORM 8.991. FINAL ORDER DISMISSING PETITION FOR JUDICIAL
WAIVER OF PARENTAL NOTICE AND CONSENT OR CONSENT
ONLY TO TERMINATION OF PREGNANCY
FORM 8.992. MINOR’S PETITION TO CHIEF JUDGE TO REQUIRE A
HEARING ON HER PETITION FOR JUDICIAL WAIVER OF NOTICE
AND CONSENT OR CONSENT ONLY
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
ORIGINAL ADOPTION, effective 7-1-77: 345 So.2d 655.
OTHER OPINIONS CITATION RESULT OF OPINION
Eff. 7-1-79: 372 So.2d 449. Deleted 8.020.
Eff. 1-1-81: 393 So.2d 1077. Amended 8.010–8.050, 8.070,
8.100–8.150, 8.170–8.260, 8.280–
8.300, 8.320–8.340; deleted
8.160, 8.310; replaced 8.923–
8.924; added 8.925–8.931.
Eff. 9-1-82: 418 So.2d 1004. Amended 8.170, 8.300.
Eff. 1-1-85: 462 So.2d 399. Four-year-cycle revision; divided
rules into two parts. Amended
8.030–8.050, 8.070, 8.110–8.130,
8.150, 8.180–8.240, 8.280–8.300;
deleted 8.060, 8.340; added 8.160,
8.500–8.870; replaced 8.250,
8.260.
Eff. 9-19-85: 475 So.2d 1240. Amended 8.040.
Eff. 1-1-89: 530 So.2d 920. Four-year-cycle revision; all
committee notes before 1984
deleted. Amended 8.050–8.190,
8.260, 8.320, 8.530, 8.710, 8.720;
deleted 8.160, 8.310, 8.909,
8.914; replaced 8.923–8.924.
Eff. 1-1-89: 532 So.2d 1272. Amended 8.180.
Eff. 10-1-89: 549 So.2d 663. Added Part III, 8.880–8.887.
Eff. 3-1-90: 557 So.2d 1360. Amended 8.610, 8.630, 8.710,
8.800.
Eff. 7-1-91: 589 So.2d 818. Reorganized and renumbered
rules. Amended 8.000–8.013,
8.025–8.040, 8.060–8.065, 8.075,
8.085–8.130, 8.140, 8.150–8.180,
8.200–8.275, 8.285, 8.300–8.320,
8.330–8.400, 8.415, 8.700–8.710,
8.720–8.725, 8.735, 8.904–8.909,
8.931–8.932, 8.948, 8.965, 8.980;
deleted 8.915–8.931; added 8.015,
8.045, 8.070, 8.080, 8.325, 8.405–
8.410, 8.500–8.530, 8.600–8.695,
8.902–8.903, 8.911–8.913, 8.930,
8.937–8.947, 8.960–8.964, 8.966–
8.967, 8.981–8.984.
OTHER OPINIONS CITATION RESULT OF OPINION
Eff. 1-1-93: 608 So.2d 478. Amended 8.045, 8.060, 8.085,
8.160, 8.205–8.210, 8.225, 8.235,
8.325, 8.340, 8.515, 8.640, 8.982;
added 8.104, 8.185; deleted 8.175,
8.200, 8.280, 8.600, 8.700.
Eff. 12-22-94: 648 So.2d 115. Amended 8.090, 8.415; added
8.227.
Eff. 1-26-95: 649 So.2d 1370. Amended 8.090–8.104, 8.120,
8.245, 8.947, 8.961; added 8.949–
8.950.
Effective 9-28-95: 661 So.2d 800. Amended 8.210, 8.400–8.410,
8.500–8.505, 8.520, 8.530.
Effective 10-1-96: 681 So.2d 666. Amended 8.060.
Effective 10-31- 684 So.2d 756. Amended 8.095.
96:
Effective 1-1-97: 684 So.2d 756. Four-year-cycle revision. Amended
8.013, 8.035, 8.075, 8.085, 8.105,
8.115–8.120, 8.215, 8.225, 8.265,
8.305, 8.315, 8.405–8.410, 8.510,
8.525, 8.610, 8.617, 8.625, 8.635,
8.909, 8.940–8.942, 8.946–8.947,
8.950, 8.961, 8.964–8.967, 8.982;
added 8.535, 8.951, 8.968–8.969.
Effective 7-10-97: 696 So.2d 763. Added 8.290.
Effective 10-1-98: 725 So.2d 296. Amended 8.000, 8.201, 8.210–
8.215, 8.225, 8.240–8.255, 8.290,
8.305–8.330, 8.340–8.345, 8.400–
8.415, 8.500–8.525, 8.535, 8.960–
8.964, 8.966–8.967, 8.969, 8.980–
8.981, 8.983–8.984; added 8.959,
8.965, 8.970–8.972, 8.979, 8.985–
8.986; deleted 8.405, 8.530,
8.967, 8.982.
Effective 12-3-98: 724 So.2d 1153. Amended 8.060.
Effective 4-29-99: 753 So.2d 541. Amended 8.100.
Effective 7-1-99: 753 So.2d 1214. Amended 8.210, 8.225, 8.235,
8.275, 8.305–8.310, 8.320–8.330,
8.345, 8.400–8.415, 8.500–8.510,
8.525.
Effective 1-1-01: 783 So.2d 138. Four-year-cycle revision. Amended
8.013–8.015, 8.030, 8.040, 8.060,
8.070, 8.085, 8.095, 8.115–8.120,
8.185, 8.205–8.215, 8.225–8.260,
8.290–8.320, 8.330, 8.340–8.510,
OTHER OPINIONS CITATION RESULT OF OPINION
8.520, 8.610, 8.625, 8.635, 8.655,
8.690–8.695, 8.710, 8.902–8.903,
8.905–8.909, 8.913–8.930, 8.932–
8.936, 8.938, 8.940–8.942, 8.947–
8.951, 8.959–8.961, 8.964–8.966;
added 8.031, 8.041, 8.224; deleted
8.227, committee note to Part III,
8.946.
Effective 1-1-01: 789 So.2d 951. Amended 8.330, 8.525.
Effective 3-1-01: 796 So.2d 468. Amended 8.305, 8.400, 8.505;
added 8.217.
Effective 1-15-02: 816 So.2d 536. Amended 8.135, 8.510.
Effective 1-1-03: 827 So.2d 219. Two-year cycle revision. Amended
8.030–8.031, 8.085, 8.110, 8.185,
8.201, 8.210, 8.225, 8.245, 8.255,
8.265, 8.345, 8.525, 8.635, 8.959–
8.960, 8.967, 8.979; added 8.929;
deleted 8.275.
Effective 3-6-03: 842 So.2d 763. Added 8.350.
Effective 10-1-04: 887 So.2d 1090. Amended 8.060, 8.625.
Effective 1-27-05: 894 So.2d 875. Two-year cycle revision. Amended
8.165, 8.203, 8.240–8.245, 8.255,
8.290–8.305, 8.315, 8.325, 8.400–
8.415, 8.500–8.515, 8.525, 8.535,
8.603, 8.908, 8.911, 8.959–8.960,
8.979; added 8.257.
Effective 3-3-05: 898 So.2d 47. Amended 8.041, 8.225, 8.415,
8.929, 8.947.
Effective 6-30-05: 907 So.2d 1161. Added 8.800–8.835, 8.987–8.991.
Effective 11-17- 915 So.2d 592. Amended 8.010, 8.013, 8.415,
05: 8.929, 8.947, 8.970; added 8.355,
8.973, 8.974.
Effective 1-1-06: 915 So.2d 145. Amended 8.290.
Effective 7-6-06: 934 So.2d 438. Amended 8.805, 8.820, 8.987,
8.991; added 8.992.
Effective 1-1-07: 939 So.2d 74. Three-year cycle revision.
Amended 8.045, 8.090, 8.135,
8.210, 8.257, 8.350, 8.515, 8.535,
8.911, 8.930, 8.964, 8.966, 8.980–
8.983; added 8.975.
Effective 2-8-07: 951 So.2d 804. Amended 8.240, 8.250, 8.257,
8.305, 8.330, 8.400–8.415, 8.929,
8.947, 8.950–8.951, 8.961, 8.966,
OTHER OPINIONS CITATION RESULT OF OPINION
8.970; added 8.420–8.430, 8.976–
8.977.
Effective 6-21-07: 959 So.2d 250. Amended 8.075, 8.115.
Effective 7-12-07: 960 So.2d 764. Added 8.978.
Effective 6-26-08: 985 So.2d 534. Amended 8.100.
Effective 7-1-08: 981 So.2d 463. Amended 8.165.
Effective 9-25-08: 992 So.2d 242. Amended 8.225, 8.962–8.963,
8.968, 8.977.
Effective 3-19-09: 5 So.3d 665. Amended 8.225.
Effective 10-1-09: 22 So.3d 9. Amended 8.305, 8.961; added
8.292, 8.958, 8.961(a).
Effective 11-12- 24 So.3d 47. Amended 8.330, 8.525, 8.983,
09: 8.984; added 8.276, 8.332.
Effective 1-1-10: 26 So.3d 552. Amended 8.010, 8.070, 8.080,
8.100, 8.115, 8.130, 8.235, 8.257,
8.265, 8.310, 8.400–8.410, 8.505;
added 8.978(a), 8.982.
Effective 6-24-10: 41 So.3d 888. Added 8.003.
Effective 1-1-11: 48 So.3d 809. Amended 8.010.
Effective 10-20- 75 So.3d 216. Amended 8.820, 8.825, 8.947,
11: 8.987, 8.990, 8.992; adopted
8.840.
Effective 6-1-12: 88 So.3d 142. Amended 8.255
Effective 9-1-12: 102 So.3d 505. Amended 8.085, 8.225, 8.635, and
8.903.
Effective 10-1-12: 95 So3d 96. Amended 8.085, 8.180, 8.240,
8.630.
Effective 10-11- 101 So.3d 368. Amended 8.201, 8.425, 8.500,
12: 8.510, 8.980.
Effective 10-1-13: 102 So.3d 451. Amended 8.000, 8.003, 8.205,
8.217, 8.230, 8.690, adopted
8.004, re-numbered parts within
rules.
Effective 1-1-13: 101 So.3d 368. Amended 8.415.
Effective 7-1-13: 115 So.3d 286. Amended 8.035, 8.070, 8.075,
8.080, 8.115, 8.201, 8.225, 8.260,
8.285, 8.340, 8.345, 8.350, 8.908,
8.929, 8.947, 8.959, 8.960, 8.961,
8.963, 8.964, 8.965, 8.966, 8.967,
8.970, 8.973, 8.975, 8.979, 8.982,
adopted 8.226, 8.286, 8.347,
8.517, 8.952.
Effective: 10-3-13: 123 So.3d 1139. Amended 8.085, 8.225, 8.635.
OTHER OPINIONS CITATION RESULT OF OPINION
Effective: 10-3-13: 123 So.3d 1128. Amended 8.060, 8.095, 8.135,
8.255, 8.345, 8.425, 8.947.
Effective: 3-20-14: 136 So.3d 508. Adopted 8.401, 8.435, amended
8.415, 8.973, deleted 8.971,
8.972.
Effective 10-1-14: 141 So.3d 1172. Amended 8.290.
Effective 2-19-15: 158 So.3d 523. See corrected opinion effective 1-
21-16.
Effective 1-1-16: 175 So.3d 263. Three-year cycle revision.
Amended 8.075, 8.165, 8.315,
8.332, 8.345; created subpart
V.C.; adopted 8.850, 8.855, 8.860,
8.865, 8.870; deleted 8.962,
8.963.
Effective 1-21-16. 191 So.3d 257. Amended 8.305, 8.310, 8.350,
8.355, 8.415, 8.960, 8.961, 8.970,
8.973A, 8.973B; adopted 8.231.
Effective 2-11-16 184 So.3d 1116. Amended 8.150.
Effective 3-23-17 213 So. 3d 803. Amended 8.510, 8.517,
8.525,8.983,8.984; adopted 8.530,
8.9831, 8.9832.
Effective 1-1-19 258 So.3d 1254. Amended Rule 8.005, Rule 8.045,
8.060, 8.085, 8.090, 8.100, 8.110,
8.255, 8.257, 8.320, 8.425, and
8.8.435. Amended Forms 8.947,
8.93, 8.964, 8.965, 8.974, and
8.991.
Effective 11-27-19 286 So. 3d 82 Amended Rules 8.240, 8.332,
8.350, 8.355, 8.400, 8.415, 8.430,
8.525, 8.961, 8.965, 8.966, 8.970,
8.973A, 8.973B, 8.973C, 8.975,
8.983, and 8.984.
Effective 03-04-21 302 So. 3d 746. Amended Rules 8.805, 8.810,
8.820, 8.835, Form 8.987, Form
8.988, Form 8.990, Form 8.991,
Form 8.992
Effective 5-1-2021 317 So. 3d 1090 Amended 8.290.
Effective 10-28- 344 So. 3d 940. Amended Rule 8.004, 8.085,
2021 8.180, 8.240, 8.257, and 8.630.
Effective 1-1-2022 345 So. 3d 255. Amended 8.201, 8.203, 8.205,
8.2177, 8.224, 8.226, 8.231,
8.235, 8.240, 8.257, 8.260, 8.265,
8.285, 8.286, 8.290 and 3.332.
OTHER OPINIONS CITATION RESULT OF OPINION
Effective 1-1-2022 334 So. 3d 572. Amended 8.933.
Effective 1-1-2022 344 So. 3d 1249 Amended 8.095.
Effective 2-3-2022 345 So. 3d 729. Amended Rule 8.217, Rule 8.305,
8.345, 8.415. Adopted new Rule
8.540 and Form 8.973A.
Effective 7-14- 346 So. 3d 1102. Amended 8.115.
2022
Effective 10-1- 356 So.3d 685. Adopted 8.001 and 8.002.
2022 Amended 8.010, 8.015, 8.040,
8.045, 8.100, 8.104, 8.150, 8.225,
8.255, 8.287, 8.285, 8.290,
8.3054, 8.315, 8.330, 8.340,
8.347, 8.350, 8.505, 8.510, and
8.525.
Effective 10-1- 346 So.3d 1164 Amended 8.060.
2022
Effective-10-24- AOSC22-78. Applied style changes according to
2022 the updated style guide.
Effective 1-5-2023 355 So.3d 893. Amended 8.013 and 8.350.
Effective 7-1-2023 361 So.3d 275. Amended 8.245, 8.250, and FORM 8.961
Effective 7-1-2023 361 So.3d 310 Amended 8.060, 8.104, 8.245, and
8.255.
Effective 7-1-2023 361 So.3d 805 Amended 8.013.
Effective 12-7- 375 So.3d 219. Amended 8.224, 8.225, 8.255,
2023. 8.305, 8.330, 8.347, 8.505, 8.510,
8.525, Form 8.959, Form 8.979,
and Form 8.982.
Effective 5-30-24. 386 So.3d 527. Amended forms 8.959, 8.979, and
8.982.
Effective 9-12-24. SC24-1093. Amended 8.210, 8.215, 8.217,
8.240, 8.305, 8.345, 8.347, 8.350,
8.415, 8.425, 8.505, 8.535;
adopted 8.445.
NOTE TO USERS: Rules in this pamphlet are current through SC2024-1093.
Subsequent amendments, if any, can be found at
www.floridasupremecourt.org/decisions/rules.shtml.
PART I. RULES OF GENERAL APPLICATION
RULE 8.000 cases. SCOPE AND PURPOSE
These rules shall govern the procedures in the juvenile
division of the circuit court in the exercise of its jurisdiction under
Florida law.
Part II of these rules governs the procedures for delinquency
cases in the juvenile court. Part IV governs the procedures for
families and children in need of services cases in the juvenile court.
The Department of Juvenile Justice shall be referred to as the
“department” in these parts.
Part III of these rules governs the procedures for dependency
cases in the juvenile court. The Department of Children and Family
Services shall be referred to as the “department” in that part.
These rules are intended to provide a just, speedy, and
efficient determination of the procedures covered by them and shall
be construed to secure simplicity in procedure and fairness in
administration.
They shall be known as the Florida Rules of Juvenile
Procedure and may be cited as Fla. R. Juv. P.
When appropriate the use of singular nouns and pronouns
shall be construed to include the plural and the use of plural nouns
and pronouns shall be construed to include the singular.
Committee Notes
1991 Amendment. All rules have been edited for style and to
remove gender bias. The rules have been reorganized and
renumbered to correspond to the types and stages of juvenile
proceedings. Cross-references have been changed accordingly.
1992 Amendment. Scope and Purpose, previously found in
rules 8.000, 8.200, 8.600, and 8.700, has been consolidated into
one rule. Designations of subparts within the delinquency part of
the rules have been changed accordingly. Reference to the civil
rules, previously found in rule 8.200, has been removed because
the rules governing dependency and termination of parental rights
proceedings are self-contained and no longer need to reference the
Florida Rules of Civil Procedure.
RULE 8.001 cases. COMMUNICATION TECHNOLOGY
Rule 2.530 of the Florida Rules of General Practice and
Judicial Administration does not apply to proceedings governed by
these rules.
RULE 8.002 cases. DEFINITIONS
Unless otherwise modified by a specific rule of procedure, the
following terms have the meanings shown:
(a) Appear or Appearance. The presentation of oneself
before the court in person or via communication technology.
(b) Audio Communication Technology. Technology that
consists of electronic devices, system, applications, and platforms
that permit all participants to hear and speak to all other
participants in real time.
(c) Audio-Video Communication Technology. Technology
that consists of electronic devices, system, applications, and
platforms that permit all participants to hear, see, and speak to all
other participants in real time.
(d) Communication Technology. Technology that includes
audio communication technology or audio-video communication
technology.
(e) Hybrid Proceeding or Conducted in a Hybrid Format.
Any hearing, trial, status conference, or other proceeding conducted
using communication technology with some parties, participants,
witnesses, or counsel being physically present in the courtroom or
hearing room and some parties, participants, witnesses, or counsel
not being physically present in the courtroom or hearing room.
(f) In Person Proceeding or Conducted In Person. Any
hearing, trial, status conference, or other proceeding conducted by
a judge or magistrate with the parties, participants, witnesses, and
counsel being physically present in the courtroom or hearing room.
(g) Location or Place. The physical or virtual site where a
proceeding, hearing, or event is conducted.
(h) Present or Presence. The act of appearing before the
court in person or via communication technology.
(i) Remote Proceeding or Conducted Remotely. Any
hearing, trial, status conference, or other proceeding conducted in
whole using communication technology with the parties,
participants, witnesses, and counsel not being physically present in
the courtroom or hearing room.
RULE 8.003 cases. FAMILY LAW COVER SHEET
The party opening or reopening a case under Parts II, III, IV, or
V of these rules shall file with the clerk of the circuit court Florida
Family Law Rules of Procedure Form 12.928, Cover Sheet for
Family Law Cases.
RULE 8.004 cases. ELECTRONIC FILING
(a) All documents that are court records, as defined in
Florida Rule of General Practice and Judicial Administration
2.430(a)(1), are to be filed by electronic transmission, consistent
with the requirements of Florida Rule of General Practice and
Judicial Administration 2.525, provided that:
(1) the clerk has the ability to accept and retain such
documents;
(2) the clerk or the chief judge of the circuit has
requested permission to accept documents filed by electronic
transmission; and
(3) the supreme court has entered an order granting
permission to the clerk to accept documents filed by electronic
transmission.
(b) All documents filed by electronic transmission under this
rule satisfy any requirement for the filing of an original, except
where the court, law, or these rules otherwise provide for the
submittal of an original.
(c) The following paper documents or other submissions
may be manually submitted to the clerk for filing under the
following circumstances:
(1) when the clerk does not have the ability to accept
and retain documents by electronic filing or has not had electronic
court filing procedures (ECF Procedures) approved by the supreme
court;
(2) by any self-represented party or any self-
represented nonparty unless specific ECF Procedures provide a
means to file documents electronically. However, any self-
represented nonparty that is a governmental or public agency and
any other agency, partnership, corporation, or business entity
acting on behalf of any governmental or public agency may file
documents by electronic transmission if such entity has the
capability of filing documents electronically;
(3) by attorneys excused from e-mail service pursuant
to these rules or Florida Rule of General Practice and Judicial
Administration 2.516;
(4) when submitting evidentiary exhibits or filing non-
documentary materials;
(5) when the filing involves documents in excess of 25
megabytes (25 MB) in size. For such filings, documents may be
transmitted using an electronic storage medium that the clerk has
the ability to accept, which may include a CD-ROM, flash drive, or
similar storage medium;
(6) when filed in open court, as permitted by the court;
(7) when paper filing is permitted by any approved
statewide or local ECF procedures; and
(8) if any court determines that justice so requires.
(d) The filing date for an electronically transmitted document
is the date and time that such filing is acknowledged by an
electronic stamp, or otherwise, pursuant to any procedure set forth
in any electronic court filing procedures (ECF Procedures) approved
by the supreme court, or the date the last page of such filing is
received by the court or clerk.
(e) Where these rules are silent, Florida Rule of General
Practice and Judicial Administration 2.525 controls.
(f) Electronic transmission may be used by a court for the
service of all orders, pursuant to Florida Rule of General Practice
and Judicial Administration 2.516, and for the service of filings
pursuant to any ECF Procedures, provided the clerk, together with
input from the chief judge of the circuit, has obtained approval from
the supreme court of ECF Procedures containing the specific
procedures and program to be used in transmitting the orders and
filings.
PART II. DELINQUENCY PROCEEDINGS
A. PRELIMINARY PROCEEDINGS
RULE 8.005 cases. ORDERING CHILDREN INTO CUSTODY
If a verified petition has been filed, or if, prior to the filing of a
petition, an affidavit or sworn testimony is presented to the court,
either of which alleges facts which under existing law are sufficient
to authorize that a child be taken into custody, the court may issue
an order to a person, authorized to do so, directing that the child be
taken into custody.
(a) Requirements of Order. The order shall:
(1) be in writing;
(2) specify the name and address of the child or, if
unknown, designate the child by any name or description by which
the child can be identified with reasonable certainty;
(3) specify the age and sex of the child or, if the child’s
age is unknown, that he or she is believed to be of an age subject to
the jurisdiction of the circuit court as a juvenile case;
(4) state the reasons why the child is being taken into
custody;
(5) order that the child be brought immediately before
the court or be taken to a place of detention designated by the court
to be detained pending a detention hearing;
(6) state the date when issued and the county and
court where issued; and
(7) be signed by the court with the title of office, or may
be electronically signed if the custody order bears the affiant’s
signature or electronic signature and is supported by an oath or
affirmation administered by the court or other person authorized by
law to administer oaths.
(b) Prohibited Orders. The court shall not issue an order to
take into custody for a failure to appear for children in the care or
custody of the state unless the court has information that the child
willfully failed to appear.
RULE 8.010 cases. DETENTION HEARING
(a) When Required. No detention order provided for in rule
8.013 shall be entered without a hearing at which all parties shall
have an opportunity to be heard on the necessity for the child’s
being held in detention, unless the court finds that the parent or
custodian cannot be located or that the child’s mental or physical
condition is such that a court appearance is not in the child’s best
interest. The court may permit any party subject to rule 8.010(a) to
appear before the court via any approved audio-video
communication technology unless the court determines that a
party’s appearance by audio-video communication technology is not
in the best interest of the child. If detention proceedings are held
remotely via audio-video communication technology, the physical
presence of the child or other participants is not required but if the
child is not physically present, the child must have access to
contemporaneous and confidential communication with counsel.
(b) Time. The detention hearing shall be held within the
time limits as provided by law. A child who is detained shall be
given a hearing within 24 hours after being taken into custody.
(c) Place. The detention hearing may be held in the county
where the incident occurred, where the child is taken into custody,
or where the child is detained.
(d) Notice. The intake officer shall make a diligent effort to
notify the parent or custodian of the child of the time and place of
the hearing. The notice must indicate whether appearance via
communication technology is permitted. The notice may be by the
most expeditious method available. Failure of notice to parents or
custodians or their nonattendance at the hearing shall not
invalidate the proceeding or the order of detention.
(e) Appointment of Counsel. At the detention hearing, the
child shall be advised of the right to be represented by counsel.
Counsel shall be appointed if the child qualifies, unless the child
waives counsel in writing subject to the requirements of rule 8.165.
(f) Advice of Rights. At the detention hearing the persons
present shall be advised of the purpose of the hearing and the child
shall be advised of:
(1) the nature of the charge for which he or she was
taken into custody;
(2) that the child is not required to say anything and
that anything said may be used against him or her;
(3) if the child’s parent, custodian, or counsel is not
present, that he or she has a right to communicate with them and
that, if necessary, reasonable means will be provided to do so; and
(4) the reason continued detention is requested.
(g) Issues. At this hearing the court shall determine the
following:
(1) The existence of probable cause to believe the child
has committed a delinquent act. This issue shall be determined in a
nonadversary proceeding. The court shall apply the standard of
proof necessary for an arrest warrant and its finding may be based
upon a sworn complaint, affidavit, deposition under oath, or, if
necessary, upon testimony under oath properly recorded.
(2) The need for detention according to the criteria
provided by law. In making this determination in addition to the
sworn testimony of available witnesses all relevant and material
evidence helpful in determining the specific issue, including oral
and written reports, may be relied on to the extent of its probative
value, even though it would not be competent at an adjudicatory
hearing.
(3) The need to release the juvenile from detention and
return the child to the child’s nonresidential commitment program.
(h) Probable Cause. If the court finds that such probable
cause exists, it shall enter an order making such a finding and may,
if other statutory needs of detention exist, retain the child in
detention. If the court finds that such probable cause does not
exist, it shall forthwith release the child from detention. If the court
finds that one or more of the statutory needs of detention exists,
but is unable to make a finding on the existence of probable cause,
it may retain the child in detention and continue the hearing for the
purpose of determining the existence of probable cause to a time
within 72 hours of the time the child was taken into custody. The
court may, on a showing of good cause, continue the hearing a
second time for not more than 24 hours beyond the 72-hour period.
Release of the child based on no probable cause existing shall not
prohibit the filing of a petition and further proceedings thereunder,
but shall prohibit holding the child in detention prior to an
adjudicatory hearing.
(i) Presence of Counsel. The state attorney or assistant
state attorney and public defender or assistant public defender
shall attend the detention hearing as permitted by these rules.
Detention hearings shall be held with adequate notice to the public
defender and state attorney. An official record of the proceedings
shall be maintained. If the child has retained counsel or expresses a
desire to retain counsel and is financially able, the attendance of
the public defender or assistant public defender is not required at
the detention hearing.
RULE 8.013 cases. DETENTION PETITION AND ORDER
(a) Time Limitation. No child taken into custody may be
detained, as a result of the incident for which taken into custody,
longer than as provided by law unless a detention order so directing
is made by the court following a detention hearing.
(b) Additional Requirements for Supervised Release
Detention.
(1) All motions to extend detention as provided by law must
be in writing and filed with the court.
(2) For a child who is placed on supervised release detention
care prior to an adjudicatory hearing the court must conduct a
hearing within 15 days after the 60th day. Upon written findings as
provided by law, the court may order the child to continue on
supervised release detention until the adjudicatory hearing is
completed.
(c) Additional Requirements for Secure Detention.
(1) All motions to extend detention as provided by law must
be in writing and filed with the court.
(2) A written motion to extend secure detention must be
heard before the expiration of the current period to determine the
need for continued secure detention care. If the child meets the
criteria for continued secure detention as provided by law, the court
may order the child to continue secure detention upon the required
written findings. The court must order that the adjudicatory
hearing commence as soon as reasonably possible.
(d) Petition. The detention petition must:
(1) be in writing and be filed with the court;
(2) state the name and address of the child or, if
unknown, designate the child by any name or description by which
he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is
unknown, that the child is believed to be of an age which will make
him or her subject to the procedures covered by these rules;
(4) state the reasons why the child is in custody and
needs to be detained;
(5) recommend the place where the child is to be
detained or the agency to be responsible for the detention; and
(6) be signed by an authorized agent of the Department
of Juvenile Justice or by the state attorney or assistant state
attorney; and
(7) state the conditions, if any, being requested that are
necessary to preserve public safety or to ensure the child’s safety or
appearance in court.
(e) Order. The detention order must:
(1) be in writing;
(2) state the name and address of the child or, if
unknown, designate the child by any name or description by which
he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is
unknown, that the child is believed to be of an age which will make
him or her subject to the procedures covered by these rules;
(4) order that the child must be held in detention and
state the reasons therefor, or, if appropriate, order that the child be
released from detention and returned to his or her nonresidential
commitment program;
(5) make a finding that probable cause exists that the
child is delinquent or that such a finding cannot be made at this
time and that the case is continued for such a determination to a
time certain within 72 hours from the time the child is taken into
custody unless this time is extended by the court for good cause
shown for not longer than an additional 24 hours;
(6) If the child is being detained on an offense that is
classified as an act of domestic violence for 48 hours as provided by
law, the detention order must include specific written findings that:
(A) respite care for the child is not available; and
(B) it is necessary to place the child in secure
detention in order to protect the victim form injury;
(7) designate the place where the child is to be detained
or the person or agency that will be responsible for the detention
and state any special conditions found to be necessary;
(8) state the date and time when issued and the county
and court where issued, together with the date and time the child
was taken into custody;
(9) direct that the child be released no later than 5:00
p.m. on the last day of the specified statutory detention period,
unless a continuance has been granted to the state or the child for
cause; and
(10) be signed by the court with the title of office.
RULE 8.015 cases. ARRAIGNMENT OF DETAINED CHILD
(a) When Required. If a petition for delinquency is filed and
the child is being detained, whether in secure, nonsecure, or home
detention, the child shall be given a copy of the petition and shall be
arraigned within 48 hours of the filing of the petition, excluding
Saturdays, Sundays, or legal holidays.
(b) Notice.
(1) Personal appearance either by physical presence or
audio-video communication technology of any person in a hearing
before the court shall obviate the necessity of serving process on
that person.
(2) The clerk of the court shall give notice of the time
and place of the arraignment to the parent or guardian of the child
and the superintendent of the detention center by:
(A) summons;
(B) written notice; or
(C) telephone notice.
(3) The superintendent of the detention center, or
designee, also shall verify that a diligent effort has been made to
notify the parent or guardian of the child of the time and place of
the arraignment.
(4) Failure of notice to the parent or guardian, or
nonattendance of the parent or guardian at the hearing, shall not
invalidate the proceeding.
Committee Notes
This rule corresponds to section 985.215(7), Florida Statutes,
which requires detained children to be arraigned within 48 hours of
the filing of the delinquency petition. This statutory requirement
does not allow the normal summons process to take place. The rule,
therefore, creates an option for the clerk of the court to notice the
parent by phone or in writing.
B. PLEADINGS, PROCESS, AND ORDERS
RULE 8.025 cases. STYLE OF PLEADINGS AND ORDERS
All pleadings and orders shall be styled: “In the interest of
...................., a child,” or: “In the interest of ....................,
children.”
RULE 8.030 cases. COMMENCEMENT OF FORMAL PROCEEDINGS
(a) Allegations as to Child. All proceedings shall be
initiated by the filing of a petition by a person authorized by law to
do so. A uniform traffic complaint may be considered a petition, but
shall not be subject to the requirements of rule 8.035.
(b) Allegations as to Parents or Legal Guardians. In any
delinquency proceeding in which the state is seeking payment of
restitution or the performance of community service work by the
child’s parents or legal guardians, a separate petition alleging the
parents’ or legal guardians’ responsibility shall be filed and served
on the parents or legal guardians of the child.
RULE 8.031 cases. PETITION FOR PARENTAL SANCTIONS
(a) Contents. Each petition directed to the child’s parents or
legal guardians shall be entitled a petition for parental sanctions
and shall allege all facts showing the appropriateness of the
requested sanction against the child’s parents or legal guardians.
(b) Verification. The petition shall be signed by the state
attorney or assistant state attorney, stating under oath the
petitioner’s good faith in filing the petition.
(c) Amendments. At any time before the hearing, an
amended petition for parental sanctions may be filed or the petition
may be amended on motion. Amendments shall be freely permitted
in the interest of justice and the welfare of the child. A continuance
may be granted on motion and a showing that the amendment
prejudices or materially affects any party.
RULE 8.035 cases. PETITIONS FOR DELINQUENCY
(a) Contents of Petition.
(1) Each petition shall be entitled a petition for
delinquency and shall allege facts showing the child to have
committed a delinquent act. The petition must be a plain, concise,
and definite written statement of the essential facts constituting the
offense charged.
(2) The petition shall contain allegations as to the
identity and residence of the parents or custodians, if known.
(3) In petitions alleging delinquency, each count shall
recite the official or customary citations of the statute, ordinance,
rule, regulation, or other provision of the law which the child is
alleged to have violated, including the degree of each offense.
(4) Two or more allegations of the commission of
delinquent acts may appear in the same petition, in separate
counts.
(5) Two or more children may be the subject of the
same petition if they are alleged to have participated in the same act
or transaction or in the same series of acts or transactions
constituting an offense or offenses. The children may be named in
one or more counts together or separately and all of them need not
be named in each count.
(6) Allegations made in one count shall not be
incorporated by reference in another count.
(b) Verification. The petition shall be signed by the state
attorney or assistant state attorney, stating under oath the
petitioner’s good faith in filing the petition. No objection to a petition
on the grounds that it was not signed or verified, as herein
provided, shall be entertained after a plea to the merits.
(c) Child’s Right to Copy of Petition. Upon application to
the clerk, a child must be furnished a copy of the petition and the
endorsements on it at least 24 hours before being required to plead
to the petition.
(d) Amendments. At any time prior to the adjudicatory
hearing an amended petition may be filed or the petition may be
amended on motion. Amendments shall be freely permitted in the
interest of justice and the welfare of the child. A continuance may
be granted upon motion and a showing that the amendment
prejudices or materially affects any party.
(e) Statement of Particulars. The court, on motion, must
order the prosecuting attorney to furnish a statement of particulars
when the petition on which the child is to be tried fails to inform the
child of the particulars of the offense sufficiently to enable the child
to prepare a defense. The statement of particulars must specify as
definitely as possible the place, date, and all other material facts of
the crime charged that are specifically requested and are known to
the prosecuting attorney. Reasonable doubts concerning the
construction of this rule shall be resolved in favor of the child.
(f) Defects and Variances. No petition or any count thereof
shall be dismissed, or any judgment vacated, on account of any
defect in the form of the petition or of misjoinder of offenses or for
any cause whatsoever.
RULE 8.040 cases. PROCESS
(a) Summons.
(1) Upon the filing of a petition upon a child who is not
detained by order of the court, the clerk shall issue a summons.
The summons shall require the person on whom it is served to
appear for a hearing at a time and place specified, or if appearance
is via communication technology then the summons shall provide
instructions as to how to attend the hearing. The time of the
hearing shall not be less than 24 hours after service of the
summons. The summons shall require the custodian to produce the
child at the said time and place. A copy of the delinquency petition
shall be attached to the summons.
(2) A party may consent to service or summons by e-
mail by providing a primary e-mail address to the clerk of court.
(3) If the child is being detained by order of the court,
process shall be in accordance with the rule pertaining to the
arraignment of a detained child.
(b) Service.
(1) Generally. The summons and other process shall be
served upon such persons and in such manner as required by law.
If the parents or custodian are out of the state and their address is
known the clerk shall give them notice of the proceedings by mail.
Service of process may be waived.
(2) Petition for Parental Sanctions. A petition for
parental sanctions may be served on the child’s parents or legal
guardians in open court at any hearing concerning the child, but
must be served at least 72 hours before the hearing at which
parental sanctions are being sought. The petition for parental
sanctions also may be served in accordance with chapter 48,
Florida Statutes.
Committee Notes
1991 Amendment. This rule clearly defines the difference in
procedures for summons for detained and nondetained children.
2000 Amendment. Subsection (b)(2) was added to provide
requisite notice to the parents or legal guardians of a child when
the state is seeking restitution or wishes to impose other sanctions
against the parent or legal guardian. See S.B.L., Natural Mother of
J.J. v. State, 737 So.2d 1131 (Fla. 1st DCA 1999); A.G., Natural
Mother of S.B. v. State, 736 So.2d 151 (Fla. 1st DCA 1999).
RULE 8.041 cases. WITNESS ATTENDANCE AND SUBPOENAS
(a) Attendance. A witness summoned by a subpoena in an
adjudicatory hearing shall remain in attendance at the adjudicatory
hearing until excused by the court or by both parties. A witness
who departs without being excused properly may be held in
criminal contempt of court.
(b) Subpoenas Generally.
(1) Subpoenas for testimony before the court and
subpoenas for production of tangible evidence before the court may
be issued by the clerk of the court, by any attorney of record in an
action, or by the court on its own motion.
(2) Except as otherwise required by this rule, the
procedure for issuance of a subpoena (except for a subpoena duces
tecum) by an attorney of record in a proceeding shall be as provided
in the Florida Rules of Civil Procedure.
(c) Subpoenas for Testimony or Production of Tangible
Evidence.
(1) Every subpoena for testimony or production of
tangible evidence before the court shall be issued by an attorney of
record in an action or by the clerk under the seal of the court. The
subpoena shall state the name of the court and the title of the
action and shall command each person to whom it is directed to
attend and give testimony or produce evidence at a time and place
specified.
(2) On oral request of an attorney of record, and
without a witness praecipe, the clerk shall issue a subpoena for
testimony before the court or a subpoena for tangible evidence
before the court. The subpoena shall be signed and sealed but
otherwise blank, both as to the title of the action and the name of
the person to whom it is directed. The subpoena shall be filled in
before service by the attorney.
(d) Subpoenas for Production of Tangible Evidence. If a
subpoena commands the person to whom it is directed to produce
the books, papers, documents, or tangible things designated in it,
the court, on motion made promptly and in any event at or before
the time specified in the subpoena for compliance with it, may
(1) quash or modify the subpoena if it is unreasonable
and oppressive, or
(2) condition denial of the motion on the advancement
by the person in whose behalf the subpoena is issued of the
reasonable cost of producing the books, papers, documents, or
tangible things.
RULE 8.045 cases. NOTICE TO APPEAR
(a) Definition. A notice to appear, unless indicated
otherwise, means a written order issued by a law enforcement
officer or authorized agent of the department, in lieu of taking a
child into custody or detaining a child, which requires a child
accused of violating the law to appear in a designated court or
governmental office at a specified date and time. The notice must
indicate whether appearance via communication technology is
permitted.
(b) By Arresting Officer. If a child is taken into custody for
a violation of law and the officer elects to release the child as
provided by law to a parent, responsible adult relative, or legal
guardian, a notice to appear may be issued to the child by the
officer unless:
(1) the child fails or refuses to sufficiently identify
himself or herself or supply the required information;
(2) the child refuses to sign the notice to appear;
(3) the officer has reason to believe that the continued
liberty of the child constitutes an unreasonable risk of bodily injury
to the child or others;
(4) the child has no ties with the jurisdiction
reasonably sufficient to ensure an appearance or there is
substantial risk that the child will refuse to respond to the notice;
(5) the officer has any suspicion that the child may be
wanted in any jurisdiction; or
(6) it appears that the child has previously failed to
respond to a notice or a summons or has violated the conditions of
any pretrial release program.
(c) By Departmental Agent. If a child is taken into custody
by an authorized agent of the department as provided by law, or if
an authorized agent of the department takes custody of a child from
a law enforcement officer and the child is not detained, the agent
shall issue a notice to appear to the child upon the child’s release to
a parent, responsible adult relative, or legal guardian.
(d) How and When Served. If a notice to appear is issued, 6
copies shall be prepared. One copy of the notice shall be delivered
to the child and 1 copy shall be delivered to the person to whom the
child is released. In order to secure the child’s release, the child and
the person to whom the child is released shall give their written
promise that the child will appear as directed in the notice by
signing the remaining copies. One copy is to be retained by the
issuer and 3 copies are to be filed with the clerk of the court.
(e) Distribution of Copies. The clerk shall deliver 1 copy of
the notice to appear to the state attorney and 1 copy to the
department and shall retain 1 copy in the court’s file.
(f) Contents. A notice to appear shall contain the following
information:
(1) the name and address of the child and the person to
whom the child was released;
(2) the date of the offense(s);
(3) the offense(s) charged by statute and municipal
ordinance, if applicable;
(4) the counts of each offense;
(5) the time and place where the child is to appear;
(6) the name and address of the trial court having
jurisdiction to try the offense(s) charged;
(7) the name of the arresting officer or authorized agent
of the department; and
(8) the signatures of the child and the person to whom
the child was released.
(g) Failure to Appear. When a child signs a written notice to
appear and fails to respond to the notice, an order to take into
custody shall be issued. The court shall not issue an order to take
into custody for a child in the care or custody of the state unless
the court has information that the child willfully failed to appear.
(h) Form of Notice. The notice to appear shall be
substantially as found in
FORM 8.930
Committee Notes
1991 Adoption. This rule allows juveniles to be released with
definite notice as to when they must return to court. This should
help decrease the number of juveniles held in detention centers
awaiting a court date. It also should provide a mechanism to divert
juveniles to programs more efficiently. The change also should
decrease the number of summons issued by the clerk.
1992 Amendment. A summons is not sworn but the arrest
affidavit that is filed with the notice to appear is sworn. The notice
to appear, which is more like a summons, does not need to be
sworn.
RULE 8.055 cases. ORDERS
All orders of the court shall be reduced to writing as soon after
they are entered as is consistent with orderly procedure and shall
contain findings of fact as required by law.
C. DISCOVERY
RULE 8.060 cases. DISCOVERY
(a) Notice of Discovery.
(1) After the filing of the petition, a child may elect to
utilize the discovery process provided by these rules, including the
taking of discovery depositions, by filing with the court and serving
upon the petitioner a “notice of discovery” which shall bind both the
petitioner and the child to all discovery procedures contained in
these rules. Participation by a child in the discovery process,
including the taking of any deposition by a child, shall be an
election to participate in discovery. If any child knowingly or
purposely shares in discovery obtained by a codefendant, the child
shall be deemed to have elected to participate in discovery.
(2) Within 5 days of service of the child’s notice of
discovery, the petitioner shall serve a written discovery exhibit
which shall disclose to the child or the child’s counsel and permit
the child or the child’s counsel to inspect, copy, test, and
photograph the following information and material within the
petitioner’s possession or control:
(A) A list of the names and addresses of all
persons known to the petitioner to have information that may be
relevant to the allegations, to any defense with respect thereto, or to
any similar fact evidence to be presented at trial under section
90.402(2), Florida Statutes. The names and addresses of persons
listed shall be clearly designated in the following categories:
(i) Category A. These witnesses shall
include:
a. eye witnesses;
b. alibi witnesses and rebuttal to alibi
witnesses;
c. witnesses who were present when a
recorded or unrecorded statement was taken from or made by the
child or codefendant, which shall be separately identified within
this category;
d. investigating officers;
e. witnesses known by the petitioner to
have any material information that tends to negate the guilt of the
child as to the petition’s allegations;
f. child hearsay witnesses;
g. expert witnesses who have not
provided a written report and a curriculum vitae or who are going to
testify; and
h. informant witnesses who will offer
testimony concerning the statements of a child charged with a
delinquent act about the issues for which the child is being tried.
(ii) Category B. All witnesses not listed in
either Category A or Category C.
(iii) Category C. All witnesses who performed
only ministerial functions or whom the petitioner does not intend to
call at the hearing and whose involvement with and knowledge of
the case is fully set out in a police report or other statement
furnished to the defense.
(B) The statement of any person whose name is
furnished in compliance with the preceding paragraph. The term
“statement” as used herein means a written statement made by said
person and signed or otherwise adopted by him or her and also
includes any statement of any kind or manner made by such
person and written or recorded or summarized in any writing or
recording. The term “statement” is specifically intended to include
all police and investigative reports of any kind prepared for or in
connection with the case, but shall not include the notes from
which such reports are compiled.
(C) Any written or recorded statements and the
substance of any oral statements made by the child and known to
the petitioner, including a copy of any statements contained in
police reports or summaries, together with the name and address of
each witness to the statements.
(D) Any written or recorded statements, and the
substance of any oral statements, made by a codefendant if the
hearing is to be a joint one.
(E) Those portions of recorded grand jury minutes
that contain testimony of the child.
(F) Any tangible papers or objects that were
obtained from or belonged to the child.
(G) Whether the petitioner has any material or
information that has been provided by a confidential informant.
(H) Whether there has been any electronic
surveillance, including wiretapping, of the premises of the child, or
of conversations to which the child was a party, and any documents
relating thereto.
(I) Whether there has been any search or seizure
and any document relating thereto.
(J) Reports or statements of experts made in
connection with the particular case, including results of physical or
mental examinations and of scientific tests, experiments, or
comparisons.
(K) Any tangible papers or objects that the
petitioner intends to use in the hearing and that were not obtained
from or belonged to the child.
(L) Whether the state has any material or
information that has been provided by an informant witness,
including:
(i) the substance of any statement allegedly
made by the child about which the informant may testify;
(ii) a summary of the criminal record of the
informant witness;
(iii) a summary of the delinquency record of
the informant witness, if court ordered;
(iv) the time and place under which the
child’s alleged statement was made;
(v) whether the informant witness has
received, or expects to receive, anything in exchange for his or her
testimony; and
(vi) the informant witness’s prior history of
cooperation, in return for any benefit, as known to the state.
(3) As soon as practicable after the filing of the petition,
the petitioner shall disclose to the child any material information
within the state’s possession or control which tends to negate the
guilt of the child as to the petition’s allegations.
(4) The petitioner shall perform the foregoing
obligations in any manner mutually agreeable to the petitioner and
the child or as ordered by the court.
(5) Upon a showing of materiality to the preparation of
the defense, the court may require such other discovery to the child
as justice may require.
(b) Required Disclosure to Petitioner.
(1) If a child elects to participate in discovery, within 5
days after receipt by the child of the discovery exhibit furnished by
the petitioner under this rule, the following disclosures shall be
made:
(A) The child shall furnish to the petitioner a
written list of names and addresses of all persons whom the child
expects to call as witnesses at the hearing. When the petitioner
subpoenas a witness whose name has been furnished by the child,
except for hearing subpoenas, reasonable notice shall be given to
the child as to the time and location of examination pursuant to the
subpoena. At such examination, the child through counsel shall
have the right to be present and to examine the witness. The
physical presence of the child shall be governed by rule 8.060(d)(6).
(B) The child shall serve a written discovery
exhibit which shall disclose to the petitioner and permit the
petitioner to inspect, copy, test, and photograph the following
information and material which is in the child’s possession or
control:
(i) The statement of any person whom the
child expects to call as a trial witness other than that of the child.
(ii) Reports or statements of experts made in
connection with the particular case, including results of physical or
mental examinations and of scientific tests, experiments, or
comparisons.
(iii) Any tangible papers or objects which the
child intends to use in the hearing.
(2) The child shall perform the foregoing obligations in
any manner mutually agreeable to the child and the petitioner or as
ordered by the court.
(3) The filing of a motion for protective order by the
petitioner will automatically stay the times provided for in this
subdivision. If a protective order is granted, the child may, within 2
days thereafter, or at any time before the petitioner furnishes the
information or material which is the subject of the motion for
protective order, withdraw the demand and not be required to
furnish reciprocal discovery.
(c) Limitations on Disclosure.
(1) Upon application, the court may deny or partially
restrict disclosure authorized by this rule if it finds there is a
substantial risk to any person of physical harm, intimidation,
bribery, economic reprisals, or unnecessary annoyance or
embarrassment resulting from such disclosure, which outweighs
any usefulness of the disclosure to the party requesting it.
(2) The following matters shall not be subject to
disclosure:
(A) Disclosure shall not be required of legal
research or of records, correspondence, or memoranda, to the
extent that they contain the opinion, theories, or conclusions of the
prosecuting or defense attorney or members of their legal staff.
(B) Disclosure of a confidential informant shall not
be required unless the confidential informant is to be produced at a
hearing or a failure to disclose the informant’s identity will infringe
upon the constitutional rights of the child.
(d) Depositions.
(1) Time and Location.
(A) At any time after the filing of the petition
alleging a child to be delinquent, any party may take the deposition
upon oral examination of any person authorized by this rule.
(B) Unless the deposition will be taken by
communication technology, depositions of witnesses residing:
(i) in the county in which the adjudicatory
hearing is to take place must be taken in the building in which the
adjudicatory hearing will be held, another location agreed on by the
parties, or a location designated by the court; or
(ii) outside the county in which the
adjudicatory hearing is to take place must take place in a court
reporter’s office in the county and state in which the witness
resides, another location agreed to by the parties, or a location
designated by the court.
(2) Procedure.
(A) The party taking the deposition shall give
reasonable written notice to each other party and shall make a good
faith effort to coordinate the date, time, and location of the
deposition to accommodate the schedules of other parties and the
witness to be deposed. The notice shall state the time and the
location of the deposition and the name of each person to be
examined, and include a certificate of counsel that a good faith
effort was made to coordinate the deposition schedule.
(B) Upon application, the court or the clerk of the
court may issue subpoenas for the persons whose depositions are
to be taken.
(C) To protect deponents and the rights of the
parties and to ensure compliance with statutes, the court may enter
orders, including but not limited to the orders allowed by rule
8.060(c), (j), (k), and (l), upon motion of a party, the deponent, or on
its own motion, for good cause shown.
(D) In any case, no person shall be deposed more
than once except by consent of the parties or by order of the court
issued on good cause shown.
(E) Unless a provision of this rule conflict with the
Florida Rules of Civil Procedure, the procedure for taking the
deposition, including the scope of the examination, and the
issuance of a subpoena (except for a subpoena duces tecum) for
deposition by an attorney of record in the action shall be the same
as that provided in the Florida Rules of Civil Procedure.
(F) The child, without leave of court, may take the
deposition of any witness listed by the petitioner as a Category A
witness or listed by a codefendant as a witness to be called at a
joint hearing. After receipt by the child of the discovery exhibit, the
child, without leave of court, may take the deposition of any
unlisted witness who may have information relevant to the
petition’s allegations. The petitioner, without leave of court, may
take the deposition of any witness listed by the child to be called at
a hearing.
(G) No party may take the deposition of a witness
listed by the petitioner as a Category B witness except upon leave of
court with good cause shown. In determining whether to allow a
deposition, the court should consider the consequences to the child,
the complexities of the issues involved, the complexity of the
testimony of the witness (e.g., experts), and the other opportunities
available to the child to discover the information sought by
deposition.
(H) A witness listed by the petitioner as a Category
C witness shall not be subject to deposition unless the court
determines that the witness should be listed in another category.
(I) No deposition shall be taken in a case in which
a petition has been filed alleging that the child committed only a
misdemeanor or a criminal traffic offense when all other discovery
provided by this rule has been complied with unless good cause can
be shown to the trial court. In determining whether to allow a
deposition, the court should consider the consequences to the child,
the complexity of the issues involved, the complexity of the
witness’s testimony (e.g., experts), and the other opportunities
available to the child to discover the information sought by
deposition. However, this prohibition against the taking of
depositions shall not be applicable if following the furnishing of
discovery by the child the petitioner then takes the statement of a
listed defense witness pursuant to section 27.04, Florida Statutes.
(3) Use of Deposition. Any deposition taken pursuant to
this rule may be used at any hearing covered by these rules by any
party for the purpose of impeaching the testimony of the deponent
as a witness.
(4) Introduction of Part of Deposition. If only part of a
deposition is offered in evidence by a party, an adverse party may
require the introduction of any other part that in fairness ought to
be considered with the part introduced, and any party may
introduce any other parts.
(5) Sanctions. A witness who refuses to obey a duly
served subpoena for the taking of a deposition may be adjudged in
contempt of the court from which the subpoena issued.
(6) Physical Presence of Child. The child shall not be
physically present at a deposition except upon stipulation of the
parties or as provided by this rule.
The court may order the physical presence of the child upon a
showing of good cause. In ruling, the court may consider:
(A) the need for the physical presence of the child
to obtain effective discovery;
(B) the intimidating effect of the child’s presence
on the witness, if any;
(C) any cost or inconvenience that may result; and
(D) any alternative electronic or audio-visual
means available to protect the child’s ability to participate in
discovery without the child’s physical presence.
(7) Depositions of Law Enforcement Officers. Subject to
the general provisions of this rule, law enforcement officers shall
appear for deposition, without subpoena, upon written notice of
taking deposition delivered at the address designated by the law
enforcement agency or department or, if no address has been
designated, to the address of the law enforcement agency or
department, 5 days prior to the date of the deposition. Law
enforcement officers who fail to appear for deposition after being
served notice are subject to contempt proceedings.
(8) Telephonic Statements. On stipulation of the parties
and the consent of the witness, the statement of any witness may
be taken by telephone in lieu of the deposition of the witness. In
such case, the witness need not be under oath. The statement,
however, shall be recorded and may be used for impeachment at
trial and as a prior inconsistent statement pursuant to the Florida
Evidence Code.
(9) Videotaped Depositions of Sensitive Witnesses.
(A) Depositions of children under the age of 18
shall be videotaped upon demand of any party unless
otherwise ordered by the court.
(B) The court may order videotaping of a
deposition of a witness with fragile emotional strength or an
intellectual disability as defined in section 393.063, Florida
Statutes.
(C) The court may order the taking of a deposition
of a witness with fragile emotional strength or an intellectual
disability as defined in section 393.063, Florida Statutes, to be
in the presence of the trial judge or a special magistrate.
(e) Perpetuating Testimony.
(1) After the filing of the petition and upon reasonable
notice, any party may apply for an order to perpetuate testimony of
a witness. The application shall be verified or supported by the
affidavits of credible persons, and shall state that the prospective
witness resides beyond the territorial jurisdiction of the court or
may be unable to attend or be prevented from attending the
subsequent court proceedings, or that grounds exist to believe that
the witness will absent himself or herself from the jurisdiction of the
court, that the testimony is material, and that it is necessary to
take the deposition to prevent a failure of justice.
(2) If the application is well founded and timely made,
the court shall order a commission to be issued to take the
deposition of the witness to be used in subsequent court
proceedings and that any designated books, papers, documents, or
tangible objects, not privileged, be produced at the same time and
place. The commission may be issued to any official court reporter,
whether the witness be within or without the state, transcribed by
the reporter, and filed in the court. The commission shall state the
time and place of the deposition and be served on all parties.
(3) No deposition shall be used or read in evidence
when the attendance of the witness can be procured. If it shall
appear to the court that any person whose deposition has been
taken has absented himself or herself by procurement,
inducements, or threats by or on behalf of any party, the deposition
shall not be read in evidence on behalf of that party.
(f) Nontestimonial Discovery. After the filing of the
petition, upon application, and subject to constitutional limitations,
the court may with directions as to time, place, and method, and
upon conditions that are just, require:
(1) the child in all proceedings to:
(A) appear in a lineup;
(B) speak for identification by a witness to an
offense;
(C) be fingerprinted;
(D) pose for photographs not involving
reenactment of a scene;
(E) try on articles of clothing;
(F) permit the taking of specimens of material
under the fingernails;
(G) permit the taking of samples of blood, hair,
and other materials of the body which involve no unreasonable
intrusion thereof;
(H) provide specimens of handwriting; or
(I) submit to a reasonable physical or medical
inspection of his or her body; and
(2) such other discovery as justice may require upon a
showing that such would be relevant or material.
(g) Court May Alter Times. The court may alter the times
for compliance with any discovery under these rules on good cause
shown.
(h) Supplemental Discovery. If, subsequent to compliance
with these rules, a party discovers additional witnesses, evidence,
or material that the party would have been under a duty to disclose
or produce at the time of such previous compliance, the party shall
promptly disclose or produce such witnesses, evidence, or material
in the same manner as required under these rules for initial
discovery.
(i) Investigations Not to Be Impeded. Except as otherwise
provided for matters not subject to disclosure or restricted by
protective orders, neither the counsel for the parties nor other
prosecution or defense personnel shall advise persons having
relevant material or information, except for the child, to refrain from
discussing the case with opposing counsel or showing opposing
counsel any relevant material, nor shall they otherwise impede
opposing counsel’s investigation of the case.
(j) Protective Orders. Upon a showing of good cause, the
court shall at any time order that specified disclosures be
restricted, deferred, or exempted from discovery, that certain
matters are not to be inquired into or that the scope of the
deposition be limited to certain matters, that a deposition be sealed
and after being sealed be opened only by order of the court, or make
such other order as is appropriate to protect a witness from
harassment, unnecessary inconvenience, or invasion of privacy,
including prohibiting the taking of a deposition. All material and
information to which a party is entitled, however, must be disclosed
in time to permit such party to make beneficial use of it.
(k) Motion to Terminate or Limit Examination. At any
time during the taking of a deposition, on motion of a party or of the
deponent, and upon a showing that the examination is being
conducted in bad faith or in such manner as to unreasonably
annoy, embarrass, or oppress the deponent or party, the court in
which the action is pending or the circuit court where the
deposition is being taken may:
(1) terminate the deposition;
(2) limit the scope and manner of the taking of the
deposition;
(3) limit the time of the deposition;
(4) continue the deposition to a later time;
(5) order the deposition to be taken in open court and, in
addition;
(6) may impose any sanction authorized by this rule.
If the order terminates the deposition, it shall be resumed
thereafter only upon the order of the court in which the action is
pending. Upon demand of any party or deponent, the taking of the
deposition shall be suspended for the time necessary to make a
motion for an order.
(l) In Camera and Ex Parte Proceedings.
(1) Any person may move for an order denying or
regulating disclosure of sensitive matters. The court may consider
the matters contained in the motion in camera.
(2) Upon request, the court shall allow the child to
make an ex parte showing of good cause for taking the deposition of
a Category B witness.
(3) A record shall be made of proceedings authorized
under this subdivision. If the court enters an order granting relief
after an in camera inspection or ex parte showing, the entire record
of the proceeding shall be sealed and preserved in the records of the
court, to be made available to the appellate court in the event of an
appeal.
(m) Sanctions.
(1) If at any time during the course of the proceedings
it is brought to the attention of the court that a party has failed to
comply with an applicable discovery rule or with an order issued
pursuant to an applicable discovery rule, the court may:
(A) order such party to comply with the discovery
or inspection of materials not previously disclosed or produced;
(B) grant a continuance;
(C) grant a mistrial;
(D) prohibit the party from calling a witness not
disclosed or introducing in evidence the material not disclosed; or
(E) enter such order as it deems just under the
circumstances.
(2) Willful violation by counsel or a party not
represented by counsel of an applicable discovery rule or an order
issued pursuant thereto may subject counsel or a party not
represented by counsel to appropriate sanction by the court. The
sanctions may include, but are not limited to, contempt proceedings
against the attorney or party not represented by counsel, as well as
the assessment of costs incurred by the opposing party, when
appropriate.
Court Commentary
1996 Amendment. This amendment generally conforms the
rule to the 1996 amendment to Florida Rule of Criminal Procedure
3.220.
RULE 8.065 cases. NOTICE OF DEFENSE OF ALIBI
(a) Notice to State Attorney. After a petition has been
served the state attorney may demand in writing that the child, who
intends to offer an alibi defense, shall provide the state attorney
with the details of the alibi as to the time and place where the child
claims to have been at the time of the alleged offense and the names
and addresses of such witnesses as may appear to testify thereon.
The child shall comply as above not less than 10 days before the
trial date.
(b) Rebuttal Witness List. The state attorney shall, within 5
days of the receipt thereof, provide the child with a list of such
witnesses to be called to rebut the alibi testimony.
(c) Sanctions. Should the child fail or refuse to comply with
the provisions hereof, the court may in its discretion exclude
testimony of alibi witnesses other than the child or, should the state
attorney fail to comply herewith, the court may in its discretion
exclude rebuttal testimony offered by the state.
(d) Waiver of Rule. For good cause shown, the court may
waive the requirements of this rule.
D. ARRAIGNMENTS AND PLEAS
RULE 8.070 cases. ARRAIGNMENTS
(a) Appointment of Counsel. Prior to the adjudicatory
hearing, the court may conduct a hearing to determine whether a
guilty, nolo contendere, or not guilty plea to the petition shall be
entered and whether the child is represented by counsel or entitled
to appointed counsel as provided by law. Counsel shall be
appointed if the child qualifies for such appointment and does not
waive counsel in writing subject to the requirements of rule 8.165.
(b) Plea. The reading or statement as to the charge or
charges may be waived by the child. No child, whether represented
by counsel or otherwise, shall be called on to plead unless and until
he or she has had a reasonable time within which to deliberate
thereon. If the child is represented by counsel, counsel may file a
written plea of not guilty at or before arraignment and arraignment
shall then be deemed waived. If a plea of guilty or nolo contendere
is entered, the court shall proceed as set forth under rule 8.115,
disposition hearings. If a plea of not guilty is entered, the court
shall set an adjudicatory hearing within the period of time provided
by law. The child is entitled to a reasonable time in which to
prepare for trial.
Committee Notes
1991 Adoption. This rule creates an arraignment proceeding
that is referred to in section 985.215(7), Florida Statutes.
RULE 8.075 cases. PLEAS
No written answer to the petition nor any other pleading need
be filed. No child, whether represented by counsel or otherwise,
shall be called upon to plead until he or she has had a reasonable
time within which to deliberate thereon.
(a) Acceptance of Plea. In delinquency cases the child may
plead guilty, nolo contendere, or not guilty. The court may refuse to
accept a plea of guilty or nolo contendere, and shall not accept
either plea without first determining that the plea is made
voluntarily and with a full understanding of the nature of the
allegations and the possible consequences of such plea and that
there is a factual basis for such plea.
(b) Plan of Proposed Treatment, Training, or Conduct.
After the filing of a petition and prior to the adjudicatory hearing, a
plan of proposed treatment, training, or conduct may be submitted
on behalf of the child in lieu of a plea. The appropriate agencies of
the Department of Juvenile Justice or other agency as designated
by the court shall be the supervising agencies for said plan and the
terms and conditions of all such plans shall be formulated in
conjunction with the supervising agency involved. The submission
of a plan is not an admission of the allegations of the petition of
delinquency.
If such a plan is submitted the procedure shall be as follows:
(1) The plan must be in writing, agreed to and signed in
all cases by the state attorney, the child, and, when represented, by
the child’s counsel, and, unless excused by the court, by the
parents or custodian. An authorized agent of the supervising agency
involved shall indicate whether the agency recommends the
acceptance of the plan.
(2) The plan shall contain a stipulation that the speedy
trial rule is waived and shall include the state attorney’s consent to
defer the prosecution of the petition.
(3) After hearing, which may be waived by stipulation of
the parties and the supervising agency, the court may accept the
plan and order compliance therewith, or may reject it. If the plan is
rejected by the court, the court shall state on the record the reasons
for rejection.
(4) Violations of the conditions of the plan shall be
presented to the court by motion by the supervising agency or by
any party. If the court, after hearing, finds a violation has occurred,
it may take such action as is appropriate to enforce the plan,
modify the plan by supplemental agreement, or set the case for
hearing on the original petition.
(5) The plan shall be effective for an indeterminate
period, for such period as is stated therein, or until the petition is
dismissed.
(6) Unless otherwise dismissed, the petition may be
dismissed on the motion of the person submitting the plan or the
supervising agency, after notice of hearing and a finding of
substantial compliance with the provisions and intent of the plan.
(c) Written Answer. A written answer admitting or denying
the allegations of the petition may be filed by the child joined by a
parent, custodian, or the child’s counsel. If the answer admits the
allegations of the petition it must acknowledge that the child has
been advised of the right to counsel, the right to remain silent, and
the possible dispositions available to the court and shall include a
consent to a predispositional study. Upon the filing of such an
answer, a hearing for adjudication or adjudication and disposition
shall be set at the earliest practicable time.
(d) Entry of Plea by Court. If a child stands mute or pleads
evasively, a plea of not guilty shall be entered by the court.
(e) Withdrawal of Plea Before Disposition. The court may
in its discretion for good cause shown at any time prior to the
beginning of a disposition hearing permit a plea of guilty or nolo
contendere to be withdrawn, and if a finding that the child
committed a delinquent act has been entered thereon, set aside
such finding and allow another plea to be substituted for the plea of
guilty or nolo contendere. In the subsequent adjudicatory hearing
the court shall not consider the plea which was withdrawn as an
admission.
(f) Withdrawal of Plea After Disposition. A child who
pleads guilty or nolo contendere without expressly reserving the
right to appeal a legally dispositive issue may file a motion to
withdraw the plea within 30 days after rendition of the disposition,
but only on the grounds that
(1) the lower tribunal lacked subject matter
jurisdiction;
(2) there has been a violation of the plea agreement;
(3) the plea was involuntary;
(4) there has been a sentencing error; or
(5) as otherwise provided by law.
(g) Withdrawal of Plea After Drug Court Transfer. A child
who pleads guilty or nolo contendere to a charge for the purpose of
transferring the case, as provided by law, may file a motion to
withdraw the plea upon successful completion of the juvenile drug
court treatment program.
RULE 8.080 cases. ACCEPTANCE OF GUILTY OR NOLO
CONTENDERE PLEA
(a) Voluntariness. Before accepting a plea of guilty or nolo
contendere, the court shall determine that the plea is knowingly
and voluntarily entered and that there is a factual basis for it.
Counsel for the prosecution and the defense shall assist the court
in this determination.
(b) Open Court. All pleas shall be taken in open court,
except the hearing may be closed as provided by law.
(c) Determination by Court. The court, when making this
determination, should place the child under oath and shall address
the child personally. The court shall determine that the child
understands each of the following rights and consequences of
entering a guilty or nolo contendre plea:
(1) Nature of the Charge. The nature of the charge to
which the plea is offered and the possible dispositions available to
the court.
(2) Right to Representation. If the child is not
represented by an attorney, that the child has the right to be
represented by an attorney at every stage of the proceedings and, if
necessary, one will be appointed. Counsel shall be appointed if the
child qualifies for such appointment and does not waive counsel in
writing subject to the requirements of rule 8.165.
(3) Right to an Adjudicatory Hearing and Attendant
Rights. That the child has the right to plead not guilty, or to persist
in that plea if it had already been made, and that the child has the
right to an adjudicatory hearing and at that hearing has the right to
the assistance of counsel, the right to compel the attendance of
witnesses on his or her behalf, the right to confront and cross-
examine witnesses against him or her, and the right not to be
compelled to incriminate himself or herself.
(4) Effect of Plea. That, if the child pleads guilty or nolo
contendere, without express reservation of the right to appeal, the
right to appeal all matters relating to the judgment, including the
issue of guilt or innocence, is relinquished, but the right to review
by appropriate collateral attack is not impaired.
(5) Waiving Right to an Adjudicatory Hearing. That, if
the child pleads guilty or nolo contendere, there will not be a
further adjudicatory hearing of any kind, so that by pleading so the
right to an adjudicatory hearing is waived.
(6) Questioning by Judge. That, if the child pleads guilty
or nolo contendere, the court may ask the child questions about the
offense to which the child has pleaded, and, if those questions are
answered under oath, on the record, the answers may later be used
against the child in a prosecution for perjury.
(7) Terms of Plea Agreement. The complete terms of any
plea agreement including specifically all obligations the child will
incur as a result.
(8) Sexual Offender Registration. That, if the child
pleads guilty or nolo contendere to certain sexual offenses, the child
may be required to register as a sexual offender.
(9) Sexually Violent or Sexually Motivated Offenses.
That, if the child pleads guilty or nolo contendere, and the offense
to which the child is pleading is a sexually violent offense or a
sexually motivated offense, or if the child has been previously
adjudicated for such an offense, the plea may subject the child to
involuntary civil commitment as a sexually violent predator on
completion of his or her sentence. It shall not be necessary for the
trial judge to determine whether the present or prior offenses were
sexually motivated, as this admonition shall be given to all children
in all cases.
(10) Deportation Consequences.
(A) If the child is not a citizen of the United States,
the facts underlying the child’s plea and the court’s acceptance of
the plea of guilty or nolo contendere, regardless of whether
adjudication of guilt has been withheld, may have the additional
consequences of changing his or her immigration status, including
deportation or removal from the United States, pursuant to the laws
of the United States.
(B) The court should advise the child to consult
with counsel if he or she needs additional information concerning
the potential deportation consequences of the plea.
(C) If the child has not discussed the potential
deportation consequences with his or her counsel, prior to
accepting the child’s plea, the court is required, upon request, to
allow a reasonable amount of time to permit the child to consider
the appropriateness of the plea in light of the advisement described
in this subdivision.
(D) This admonition should be given to all children
in all cases, and the trial court must not require at the time of
entering a plea that the child disclose his or her legal status in the
United States.
(d) Acknowledgment by Child. Before the court accepts a
guilty or nolo contendere plea, the court must determine that the
child either:
(1) acknowledges guilt; or
(2) acknowledges that the plea is in the child’s best
interest, while maintaining innocence.
(e) Of Record. These proceedings shall be of record.
(f) When Binding. Prior to the court’s acceptance of a plea,
the parties must notify the court of any plea agreement and may
notify the court of the reasons for the plea agreement. Thereafter,
the court must advise the parties whether the court accepts or
rejects the plea agreement and may state its reasons for a rejection
of the plea agreement. No plea offer or negotiation is binding until it
is accepted by the court after making all the inquiries, advisements,
and determinations required by this rule. Until that time, it may be
withdrawn by either party without any necessary justification.
(g) Withdrawal of Plea When Judge Does Not Concur. If
the trial judge does not concur in a tendered plea of guilty or nolo
contendere arising from negotiations, the plea may be withdrawn.
(h) Failure to Follow Procedures. Failure to follow any of
the procedures in this rule shall not render a plea void, absent a
showing of prejudice.
Committee Notes
1991 Amendment. (a)(6) This creates a procedure for
dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4).
1992 Amendments. (d) Rules 8.240(c)(2) and 8.630(c)(2) allow
5 days for service by mail. This change conforms this rule.
(f) The current rule implies that a written pleading must be
filed. No written pleadings are required.
(e) and (g) The language from (e) was moved to create this new
subdivision. The current rule applies only to attorneys. These
requirements also should apply to nonattorneys who sign and file
papers. This rule conforms with proposed revisions to rules 8.230
and 8.640.
E. MOTIONS AND SERVICE OF PLEADINGS
RULE 8.085 cases. PREHEARING MOTIONS AND SERVICE
(a) Prehearing Motions.
(1) Motions in General. Every motion made before a
hearing and any pleading in response to the motion shall be in
writing and shall be signed by the party making the motion or if the
party is represented by an attorney, the party’s attorney. This
requirement may be waived by the court for good cause shown.
(2) Motion to Dismiss. All defenses not raised by a plea
of not guilty or denial of the allegations of the petition shall be made
by a motion to dismiss the petition. If a motion to dismiss is
granted, the child who is detained under an order entered under
rule 8.013 may be continued in detention under the said order
upon the representation that a new or amended petition will be
filed.
(3) Motion to Suppress. Any confession or admission
obtained illegally or any evidence obtained by an unlawful search
and seizure may be suppressed on motion by the child.
(A) Every motion to suppress shall clearly state
the particular evidence sought to be suppressed, the reason for the
suppression, and a general statement of the facts on which the
motion is based.
(B) Before hearing evidence, the court shall
determine if the motion is legally sufficient. If it is not, the motion
shall be denied. If the court hears the motion on its merits, the
moving party shall present evidence in support thereof and the
state may offer rebuttal evidence.
(4) Motion to Sever. A motion may be made for the
severance of 2 or more counts in a multi-count petition, or for the
severance of the cases of 2 or more children to be adjudicated in the
same hearing. The court may grant motions for severance of counts
and severance of jointly brought cases for good cause shown.
(5) Time for Filing. Any motion to suppress, sever, or
dismiss shall be made prior to the date of the adjudicatory hearing
unless an opportunity to make such motion previously did not exist
or the party making the motion was not aware of the grounds for
the motion.
(6) Sworn Motions to Dismiss. Before the adjudicatory
hearing the court may entertain a motion to dismiss on the ground
that there are no material disputed facts and the undisputed facts
do not establish a prima facie case of guilt against the child. The
facts on which such motion is based shall be specifically alleged
and the motion sworn to by the child. The motion shall be filed a
reasonable time before the date of the adjudicatory hearing. The
state may traverse or demur to this motion. Factual matters alleged
in it shall be deemed admitted unless specifically denied by the
state in a traverse. The court, in its discretion, may receive evidence
on any issue of fact necessary to decide the motion. The motion
shall be dismissed if the state files a written traverse that with
specificity denies under oath the material fact or facts alleged in the
motion to dismiss. Any demurrer or traverse shall be filed a
reasonable time before the hearing on the motion to dismiss.
(b) Service of Pleadings and Papers.
(1) When Required. Unless the court orders otherwise,
every pleading subsequent to the initial petition, every order, every
written motion, unless it is one as to which hearing ex parte is
authorized, and every written notice filed in the case shall be served
on each party; however, nothing herein shall be construed to
require that a plea be in writing or that an application for witness
subpoena be served.
(2) How Made. When service is required or permitted to
be made upon a party represented by an attorney, service shall be
made upon the attorney unless service upon the party is ordered by
the court. Service upon the attorney or party shall be made by
electronic mail (e-mail) consistent with the requirements of Florida
Rule of General Practice and Judicial Administration 2.516, unless
the parties stipulate otherwise. Service on or by all parties who are
not represented by an attorney and who do not designate an e-mail
address, and on and by all attorneys excused from e-mail service,
must be made by delivering a copy or by mailing it to the attorney
or party’s last known address or, if no address is known, by leaving
it with the clerk of the court. Service by mail shall be complete upon
mailing. Delivery of a copy within this rule shall mean:
(A) handing it to the attorney or the party;
(B) leaving it at the attorney’s office, with the
person in charge thereof;
(C) if there is no one in charge of the office, leaving
it in a conspicuous place therein;
(D) if the office is closed or the person to serve has
no office, leaving it at his or her usual place of abode with some
person of the family above 15 years of age and informing such
person of the contents thereof; or
(E) transmitting it by facsimile to the attorney’s or
party’s office with a cover sheet containing the sender’s name, firm,
address, telephone number, and facsimile number, the number of
pages transmitted, and the recipient’s facsimile number. When
service is made by facsimile, a copy shall also be served by any
other method permitted by this rule. Facsimile service occurs when
the transmission is complete.
(3) Filing. All documents must be filed with the court
either before service or immediately thereafter. If the document
required to be filed is to be an original and is not placed in the court
file or deposited with the clerk, a certified copy must be so placed
by the clerk.
(4) Filing with Court Defined. The filing of documents
with the court as required by these rules shall be made by filing
them with the clerk of the court in accordance with rule 8.004,
except that the judge may permit documents to be filed with the
judge, in which event the judge must note the filing date before him
or her on the documents and transmit them to the clerk. The date
of filing is that shown on the face of the document by the notation
of the judge or the time stamp of the clerk, whichever is earlier.
(5) Certificate of Service. When any authorized person
shall in substance certify:
“I certify that a copy/copies has/have been furnished to (insert
name or names) by (e-mail) (delivery) (mail) (fax) on (date).
Title”
the certificate shall be taken as prima facie proof of such service in
compliance with all rules of court and law.
(6) People Who May Certify Service. Service of pleadings
and orders required to be served as provided by subdivision (2) may
be certified by an attorney of record, clerk or deputy clerk, court, or
authorized agent of the Department of Juvenile Justice in the form
provided in subdivision (b)(5).
(c) Format for E-mail Service. All documents served by e-
mail must be attached to an e-mail message containing a subject
line beginning with the words "SERVICE OF COURT DOCUMENT”
in all capital letters, followed by the case number of the proceeding
in which the documents are being served. The body of the e-mail
must identify the court in which the proceeding is pending, the case
number, the name of the parties on each side, the style of the
proceeding, the title of each document served with that e-mail, and
the sender’s name and telephone number. Any e-mail which,
together with its attachments, exceeds five megabytes (5MB) in size,
must be divided and sent as separate e-mails, numbered in the
subject line, no one of which may exceed 5 MB in size.
(d) Time for Service of Motions and Notice of Hearing.
Service by e-mail is complete on the date it is sent and must be
treated as service by mail for the computation of time. If the sender
learns that the e-mail did not reach the address of the person to be
served, the sender must immediately send another copy by e-mail,
or by means authorized by subdivision (b)(2). If e-mail service is
excused, a copy of any written motion which may not be heard ex
parte and a copy of the notice of the hearing thereof shall be served
a reasonable time before the time specified for the hearing. If a
document is served by more than one method of service, the
computation of time for any response to the served document shall
be based on the method of service that provides the shortest
response time.
(e) Pleading to Be Signed by Attorney. Every written paper
or pleading of a party represented by an attorney shall be signed in
the attorney’s individual name by such attorney, whose mailing
address, primary e-mail address and telephone number, including
area code, and Florida Bar number shall be stated, and who shall
be duly licensed to practice law in Florida. Any document served by
e-mail or filed electronically may be signed by any of the “/s/,” “/s,”
or “s/” formats. The attorney may be required by an order of court
to vouch for the authority to represent such party and to give the
address of such party. Except when otherwise specifically provided
by these rules or applicable statute, pleadings as such need not be
verified or accompanied by affidavit.
(f) Pleading to Be Signed by Unrepresented Party. A party
who has no attorney but represents himself or herself shall sign the
written pleading or other paper to be filed and state his or her
primary e-mail address, mailing address, and telephone number,
including area code.
(g) Effect of Signing Pleading. The signature of a person
shall constitute a certificate that the paper or pleading has been
read; that to the best of the person’s knowledge, information, and
belief there is good ground to support it; and that it is not inter-
posed for delay. If a pleading or paper is not signed, or is signed
with intent to defeat the purpose of this rule, it may be stricken and
the action may proceed as though the pleading or paper had not
been served.
(h) Service of Orders. A copy of all orders must be
transmitted by the court or under its direction to all parties at the
time of the entry of the order. The court may require that orders be
prepared by a party, may require the party to furnish the court with
stamped addressed envelopes for service of the order or judgment,
and may require that proposed orders by furnished to all parties
before entry by the court of the order. The court may serve any
order by e-mail to all attorneys who were not excused from e-mail
service and to all parties not represented by an attorney who have
designated an e-mail address for service. This subdivision is
directory, and a failure to comply with it does not affect the order or
its finality or any proceedings arising in the matter.
Committee Notes
1991 Amendment. (a)(6) This creates a procedure for
dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4).
1992 Amendments. (d) Rules 8.240(c)(2) and 8.630(c)(2) allow
5 days for service by mail. This change conforms this rule.
(f) The current rule implies that a written pleading must be
filed. No written pleadings are required.
(e) and (g) The language from (e) was moved to create this new
subdivision. The current rule applies only to attorneys. These
requirements also should apply to nonattorneys who sign and file
papers. This rule conforms with proposed revisions to rules 8.230
and 8.640.
RULE 8.090 cases. SPEEDY TRIAL
(a) Time. If a petition has been filed alleging a child to have
committed a delinquent act, the child shall be brought to an
adjudicatory hearing without demand within 90 days of the earlier
of the following:
(1) the date the child was taken into custody; or
(2) the date of service of the summons that is issued
when the petition is filed.
(b) Motion to Discharge. If an adjudicatory hearing has not
commenced within 90 days, upon motion timely filed with the court
and served upon the prosecuting attorney, the child shall be
entitled to the appropriate remedy as set forth in subdivision (m).
Before granting such motion, the court shall make the required
inquiry under subdivision (d).
(c) Commencement. A child shall be considered to have
been brought to trial if the adjudicatory hearing begins within the
time provided. The adjudicatory hearing is considered to have
commenced when the first witness is sworn before the judge.
(d) Discharge Exceptions. If the adjudicatory hearing is not
commenced within the periods of time established, the child shall
be entitled to the appropriate remedy as set forth in subdivision (m)
unless any of the following situations exist:
(1) The child has voluntarily waived the right to speedy
trial.
(2) An extension of time has been ordered under
subdivision (f).
(3) The failure to hold an adjudicatory hearing is
attributable to the child, or his or her counsel, or to accommodate a
co-defendant when the state shows the necessity of trying the cases
together.
(4) The child was unavailable for the adjudicatory
hearing. A child is unavailable if:
(A) the child or the child’s counsel fails to attend a
proceeding when their presence is required; or
(B) the child or the child’s counsel is not ready for
the adjudicatory hearing on the date it is scheduled.
No presumption of nonavailability attaches, but if the state
objects to discharge and presents evidence of nonavailability, the
child must, by competent proof, establish availability during the
term.
(5) The demand referred to in subdivision (g) is invalid.
(6) If the court finds discharge is not appropriate, the
pending motion to discharge shall be denied, and an adjudicatory
hearing shall commence within 90 days of a written or recorded
order of denial.
(e) Incompetency of Child. Upon the filing of a motion
suggesting that the child may be incompetent, the speedy trial
period shall be tolled until a subsequent finding of the court that
the child is competent to proceed.
(f) Extension of Time. The period of time established by
subdivision (a) may be extended as follows:
(1) Upon stipulation, announced to the court or signed
by the child or the child’s counsel and the state.
(2) By written or recorded order of the court on the
court’s own motion or motion by either party in exceptional
circumstances. The order extending the period shall recite the
reasons for the extension and the length of the extension.
Exceptional circumstances are those which require an extension as
a matter of substantial justice to the child or the state or both.
Such circumstances include:
(A) unexpected illness or unexpected incapacity or
unforeseeable and unavoidable absence of a person whose presence
or testimony is uniquely necessary for a full and adequate trial;
(B) a showing by the state that the case is so
unusual and so complex, due to the number of child co-defendants
or the nature of the prosecution or otherwise, that it is
unreasonable to expect adequate investigation or preparation within
the periods of time established by this rule;
(C) a showing by the state that specific evidence or
testimony is not available, despite diligent efforts to secure it, but
will become available at a later time;
(D) a showing by the child or the state of necessity
for delay grounded on developments which could not have been
anticipated and which will materially affect the trial;
(E) a showing that a delay is necessary to
accommodate a co-defendant, when there is a reason not to sever
the cases in order to proceed promptly with the trial of the child; or
(F) a showing by the state that the child has
caused major delay or disruption of preparation or proceedings,
such as by preventing the attendance of witnesses or otherwise.
Exceptional circumstances shall not include general
congestion of the court’s docket, lack of diligent preparation or
failure to obtain available witnesses, or other avoidable or
foreseeable delays.
(3) By written or recorded order of the court for a
period of reasonable and necessary delay resulting from
proceedings including, but not limited to, an examination and
hearing to determine the mental competency or physical ability of
the child to stand trial for hearings or pretrial motions, for appeals
by the state, and for adjudicatory hearings of other pending charges
against the child.
(g) Speedy Trial Upon Demand. Except as otherwise
provided by this rule and subject to the limitations imposed by
subdivision (h), the child shall have the right to demand a trial
within 60 days, by filing a pleading titled “Demand for Speedy Trial”
with the court and serving it upon the prosecuting attorney.
(1) No later than 5 days from the filing of a demand for
speedy trial, the court shall set the matter for report, with notice to
all parties, for the express purposes of announcing in open court
receipt of the demand and of setting the case for trial.
(2) At the report the court shall set the case for trial to
commence at a date no less than 5 days nor more than 45 days
from the date of the report.
(3) The failure of the court to hold such a report date
on a demand which has been properly filed shall not interrupt the
running of any time periods under this subdivision (g).
(4) In the event that the child shall not have been
brought to trial within 50 days of the filing of the demand, the child
shall have the right to the appropriate remedy as set forth in
subdivision (m).
(h) Demand for Speedy Trial; Effect. A demand for speedy
trial shall be deemed a pleading by the child that he or she is
available for the adjudicatory hearing, has diligently investigated
the case, and is prepared or will be prepared for the adjudicatory
hearing within 5 days. A demand may not be withdrawn by the
child except on order of the court, with consent of the state, or on
good cause shown. Good cause for continuance or delay on behalf
of the child shall not thereafter include nonreadiness for the
adjudicatory hearing, except as to matters that may arise after the
demand for the adjudicatory hearing is filed and that could not
reasonably have been anticipated by the child or defense counsel.
(i) Discharge After Demand. If an adjudicatory hearing has
not commenced within 50 days after a demand for speedy trial,
upon motion timely filed with the court having jurisdiction and
served upon the prosecuting attorney, the child shall have the right
to the appropriate remedy as set forth in subdivision (m), provided
the court has made the required inquiry under subdivision (d).
(j) Effect of Mistrial, Appeal, or Order of New
Adjudicatory Hearing. A child who is to be tried again or whose
adjudicatory hearing has been delayed by an appeal by the state or
the child shall be brought to trial within 90 days from the date of
declaration of a mistrial by the trial court, the date of an order by
the trial court granting a new adjudicatory hearing, or the date of
receipt by the trial court of a mandate, order, or notice of whatever
form from an appellate or other reviewing court which makes
possible a new adjudicatory hearing for the child, whichever is last.
If the child is not brought to an adjudicatory hearing within the
prescribed time periods, the child shall be entitled to the
appropriate remedy as set forth in subdivision (m).
(k) Discharge From Delinquent Act or Violation of Law;
Effect. Discharge from a delinquent act or violation of law under
this rule shall operate to bar prosecution of the delinquent act or
violation of law charged and all other offenses on which an
adjudicatory hearing has not begun or adjudication obtained or
withheld and that were, or might have been, charged as a lesser
degree or lesser included offense.
(l) Nolle Prosequi; Effect. The intent and effect of this rule
shall not be avoided by the state entering a nolle prosequi to a
delinquent act or violation of law charged and by prosecuting a new
delinquent act or violation of law grounded on the same conduct or
episode or otherwise by prosecuting new and different charges
based on the same delinquent conduct or episode, whether or not
the pending charge is suspended, continued, or the subject of the
entry of a nolle prosequi.
(m) Remedy for Failure to Try Child Within the Specified
Time.
(1) No remedy shall be granted to any child under this
rule until the court shall have made the required inquiry under
subdivision (d).
(2) The child may, at any time after the expiration of
the prescribed time period, file a motion for discharge. Upon filing
the motion the child shall simultaneously file a notice of hearing.
The motion for discharge and its notice of hearing shall be served
upon the prosecuting attorney.
(3) No later than 5 days from the date of the filing of a
motion for discharge, the court shall hold a hearing on the motion
and, unless the court finds that one of the reasons set forth in
subdivision (d) exists, shall order that the child be brought to trial
within 10 days. If the child is not brought to trial within the 10-day
period through no fault of the child, the child shall be forever
discharged from the delinquent act or violation of law.
Committee Notes
1991 Amendment. (m)(2) This rule requires a notice of
hearing at the time of filing the motion for discharge to ensure that
the child’s motion is heard in a timely manner. A dissenting opinion
in the committee was that this change does not protect the child’s
rights but merely ensures that the case is not dismissed because of
clerical error.
RULE 8.095 cases. PROCEDURE WHEN CHILD BELIEVED TO BE
INCOMPETENT OR INSANE
(a) Proceedings Barred During Incompetency. A child
accused of a delinquent act or violation of probation who is
mentally incompetent to proceed at any material stage of a
delinquency proceeding shall not be proceeded against while
incompetent. These proceedings shall be tolled upon the filing of a
motion or order pursuant to subdivision (b)(1) until a finding by the
court that the child is competent to proceed.
(b) Procedure for Children Believed to be Incompetent
During a Delinquency Proceeding.
(1) Motion and Order.
(A) Child’s Motion. A written motion for
examination of the child made by counsel for the child shall contain
a certificate of counsel that the motion is made in good faith and on
reasonable grounds to believe that the child is incompetent to
proceed. To the extent that it does not invade the lawyer-client
privilege, the motion shall contain a recital of the specific facts,
observations of and/or conversations with the child that have
formed the basis for the motion.
(B) State’s Motion. A written motion for
examination of the child made by counsel for the state shall contain
a certificate of counsel that the motion is made in good faith and on
reasonable grounds to believe the child is incompetent to proceed
and shall include a recital of the specific facts that have formed the
basis for the motion, including a recitation of the observations of
and statements of the child that have formed the basis for the
motion.
(C) Court Order. The court may on its own motion
order the child to be examined if the court believes the child is
incompetent to proceed. The order shall include a recitation of the
specific facts, including any observations or statements of the child
that the court believes are relevant to the issue of incompetency.
(2) Speedy Trial Tolled. Upon the filing of a motion
suggesting the child to be incompetent to proceed or upon an order
of the court finding a child incompetent to proceed, speedy trial
shall be tolled until a subsequent finding of the court that the child
is competent to proceed.
(3) Detention. This rule shall in no way be construed to
add any detention powers not provided by statute or case law.
(4) Setting Hearing. Upon the filing of a motion or order
pursuant to subdivision (b)(1), the court shall immediately stay the
proceedings and schedule a hearing as expeditiously as possible to
determine whether the child is competent.
(5) Expert Witness.
(A) Non-confidential Evaluation. When a question
has been raised concerning the competency of the child, the court
may on its own motion, and shall on motion of the state or the
child, appoint no more than 3, nor fewer than 2, disinterested,
qualified experts to examine the child as to the child’s competency.
Attorneys for the state and the child may be present at the
examination.
(B) Confidential Evaluation. When counsel has
reason to believe that the child may be incompetent to proceed,
counsel may retain a qualified expert to examine the child. The
expert shall report only to counsel for the child, and all matters
related to the expert fall under the lawyer-client privilege.
(C) Intellectual Disability or Autism Evaluation.
When counsel has reason to believe the child is incompetent to
proceed because of intellectual disability or autism, the court shall
order the Agency for Persons With Disabilities to examine the child
to determine if the child meets the definition of intellectual
disability or autism in section 393.063, Florida Statutes, and, if so,
whether the child is competent to proceed.
(6) Scope of Examination and Report. The experts shall
examine the child with respect to the issue of competence to
proceed as specified by the following factors:
(A) Criteria for Determining Competence. The
experts first shall consider factors related to whether the child
meets the criteria for competence to proceed; that is, whether the
child has sufficient present ability to consult with counsel with a
reasonable degree of rational understanding and whether the child
has a rational and factual understanding of the present
proceedings.
(B) Relevant Factors. In considering the
competence of the child to proceed, the examining experts shall
consider and include in their reports the child's capacity to:
(i) appreciate the charges or allegations
against the child;
(ii) appreciate the range and nature of
possible penalties that may be imposed in the proceedings against
the child, if applicable;
(iii) understand the adversary nature of the
legal process;
(iv) disclose to counsel facts pertinent to the
proceedings at issue;
(v) display appropriate courtroom behavior;
and
(vi) testify relevantly.
The experts also may consider any other
factors they deem to be relevant.
(C) Written Report. Any report shall be in writing
and include a finding as to whether the child is competent or
incompetent to proceed and include the basis for the determination.
The report shall also:
(i) identify the specific matters referred for
evaluation;
(ii) describe the procedures, techniques, and
tests used in the examination and the purposes of each;
(iii) state the expert’s clinical observations,
opinions, and opinions on each issue referred for evaluation by the
court and indicate specifically those issues, if any, on which the
expert could not give an opinion; and
(iv) identify the sources of information used
by the expert and present the factual basis for the expert’s clinical
opinions.
(D) Treatment Recommendations. Any report
finding that a child is incompetent to proceed, must include any
recommended treatment for the child to attain competence to
proceed and a recommendation as to whether residential or
nonresidential treatment or training is required. In considering
issues related to treatment, the experts shall report on the
following:
(i) the mental illness, intellectual disability,
or mental age causing incompetence;
(ii) the treatment or education appropriate
for the mental illness or intellectual disability of the child and an
explanation of each of the possible treatment or education
alternatives, in order of recommendation;
(iii) the availability of acceptable treatment or
competency restoration training. If treatment or competency
restoration training is available in the community, the experts shall
so state in the report;
(iv) the likelihood of the child attaining
competence under the treatment or competency restoration training
recommended, an assessment of the probable duration of the
treatment required to restore competence, and the probability that
the child will attain competence to proceed in the foreseeable
future; and
(v) whether the child meets the criteria for
involuntary commitment to a secure facility pursuant to subdivision
(b)(8)(B).
(7) Competency Evidence.
(A) The information contained in any motion for
determination of competence to proceed or in any report filed under
this rule as it relates solely to the issue of competence to proceed,
and any information elicited during a hearing on competence to
proceed shall be used only for the purposes of the competency
hearing.
(B) The child waives this provision by using the
report, or any parts of it, in any proceeding for any other purpose. If
so waived, the disclosure or use of the report, or any portion of it,
shall be governed by the applicable rules of evidence and juvenile
procedure. If a part of a report is used by the child, the state may
request the production of any other portion that, in fairness, ought
to be considered.
(C) The appointment of experts by the court shall
not preclude the state or the child from calling other expert
witnesses to testify during a hearing on competency. Other
competent evidence may be introduced at the hearing.
(8) Competency Hearing.
(A) Competence to Proceed—Hearing.
(i) All determinations of competency must
be made at a hearing with findings of fact based on testimony, other
competent evidence, or stipulated evidence of the child’s mental
condition. The court must conduct the hearing in the presence of
the child unless the child’s appearance is waived and the court
finds the child’s presence is unnecessary to make the determination
of competency.
(ii) Any expert appointed by the court may be
called by either party or the court. The appointment of experts by
the court shall not preclude the state or the child from calling other
witnesses to testify at the competency hearing.
(iii) The moving party has the burden to
prove that the child is not competent to proceed. The standard of
proof shall be by a preponderance of the evidence.
(iv) The child is presumed competent to
proceed unless the child has been adjudicated incompetent in a
prior case before the court and competency has not been restored.
(B) Findings by the Court.
(i) If the court finds the child incompetent to
proceed, the court must also make a finding as to whether the child
is incompetent because of mental illness, intellectual disability,
autism, age, immaturity, or for any other reason specified by the
court.
a. After the court makes a finding as to
the reason of the incompetency, the court must determine whether
the child qualifies under subdivision (b)(8)(C) to be committed to the
Department of Children and Families for treatment or training.
b. If the court commits the child to the
Department of Children and Families, the court then must
determine whether the child meets the criteria for involuntary
commitment to a secure facility. The determination whether the
child meets the criteria for involuntary commitment to a secure
facility shall be made by clear and convincing evidence.
(ii) If the court finds the child competent to
proceed, the court shall enter a written order so finding and proceed
accordingly.
(C) Child Found Incompetent to Proceed because
of Mental Illness, Intellectual Disability, or Autism.
(i) If at the competency hearing the child is
found to be incompetent to proceed because of mental illness,
intellectual disability, or autism, the child must be adjudicated
incompetent to proceed. If the child is adjudicated incompetent and
the alleged delinquent act or violation of law is a felony, the child
must be committed to the Department of Children and Families for
treatment and competency restoration.
(ii) The court must also determine whether
the child meets the criteria for involuntary commitment to a secure
facility. A child may be placed in a secure facility or program if the
court makes a finding by clear and convincing evidence that:
a. the child is manifestly incapable of
surviving with the help of willing and responsible family or friends,
including available alternative services, and without treatment or
training the child is likely to either suffer from neglect or refuse to
care for himself or herself, and such neglect or refusal poses a real
and present threat of substantial harm to the child’s well-being; or
b. there is a substantial likelihood that
in the near future the child will inflict serious bodily harm on
himself or herself or others, as evidenced by recent behavior
causing, attempting, or threatening such harm; and
c. all available less restrictive
treatment alternatives, including treatment or training in
community residential facilities or community inpatient settings
which would offer an opportunity for improvement of the child’s
condition are inappropriate.
(D) Child Found Incompetent to Proceed because
of Age, Immaturity, or for Any Reason Other Than for Mental
Illness, Intellectual Disability, or Autism. A child who has been
adjudicated incompetent to proceed because of age or immaturity,
or for any reason other than for mental illness, intellectual
disability, or autism, cannot be committed to the Department of
Children and Families for treatment and competency restoration.
(E) Child Found Incompetent to Proceed Whose
Alleged Delinquent Act or Violation of Law is a Misdemeanor or
Municipal Ordinance. A child whose alleged delinquent act or
violation of law is a misdemeanor or municipal ordinance cannot be
committed to the Department of Children and Families for
treatment and competency restoration.
(9) Secure Placement.
(A) Each child who has been adjudicated
incompetent to proceed and who meets the criteria for involuntary
commitment to a secure facility in subdivision (b)(8) must be
committed to the Department of Children and Families. Any
commitment of a child to a secure residential program must be to a
program separate from adult forensic programs.
(B) A child adjudicated incompetent because of
mental illness may be ordered into a program designated by the
Department of Children and Families for mentally ill children.
(C) A child adjudicated incompetent because of
intellectual disability or autism may be ordered into a program
designated by the Department of Children and Families for
intellectually disabled or autistic children.
(D) The competency determination must be
reviewed by the service provider at least every 6 months, or any
time the child appears to have attained competency or will never
attain competency. The service provider must file a written report
evaluating the child’s competency and must provide copies to the
Department of Children and Families, the Department of Juvenile
Justice, the state, and counsel for the child.
(E) If a court determines a child to be competent,
case management and supervision of the child will be transferred to
the Department of Juvenile Justice to continue delinquency
proceedings. The court retains authority, however, to order the
Department of Children and Families to provide continued
treatment to maintain competency.
(10) Community Treatment.
(A) If a child who is found to be incompetent does
not meet the involuntary commitment to a secure facility criteria of
subdivision (b)(8)(B), the court shall order the Department of
Children and Families to provide appropriate treatment and
training in the community. All court-ordered treatment must be in
the least restrictive setting consistent with public safety. Any
treatment program must be separate from an adult treatment
program. If a child is ordered to receive such services, the services
shall be provided by the Department of Children and Families.
(B) The competency determination must be
reviewed by the service provider at least every 6 months, or any
time the child appears to have attained competency or will never
attain competency. The service provider must file a written report
evaluating the child’s competency and must provide copies to the
Department of Children and Families, the Department of Juvenile
Justice, the state, and counsel for the child.
(11) Competency Restoration Review. Not later than 6
months after the date of commitment, or at the end of any period of
extended treatment or competency restoration, or at any time the
service provider determines the child has attained competency or no
longer meets the criteria for involuntary commitment to a secure
facility, the service provider must file a report with the court and all
parties. Upon receipt of this report, the court shall set a hearing
within a reasonable time to determine the child’s competency. If the
child remains incompetent to proceed, the court shall determine
whether the child meets the criteria for commitment to a secure
facility.
(A) If the court determines the child to be
incompetent, the court shall order continued competency
restoration and training. A child may only be involuntarily
committed to a secure facility if the court finds the child meets the
criteria outlined in subdivision (b)(8)(B).
(B) If the court determines the child to be
competent, it shall enter an order so finding and proceed
accordingly.
(12) Continuing Jurisdiction and Dismissal of Jurisdiction.
(A) If a child is determined to be incompetent to
proceed, the court shall retain jurisdiction of the child for up to 2
years after the date of the order of incompetency. If the court
determines at any time that the child will never become competent
to proceed, the court may dismiss the case.
(B) If, at the end of the 2-year period following the
date of the order of incompetency, the child has not attained
competency and there is no evidence that the child will attain
competency within a year, the court must dismiss the case.
(C) If necessary, the court may order that
proceedings under chapter 393 or 394, Florida Statutes, be
instituted. Such proceedings must be instituted no less than 60
days before the dismissal of the delinquency petition. The juvenile
court may conduct all proceedings and make all determinations
under chapter 393 or 394, Florida Statutes.
(c) Procedure for Children Believed to be Insane at Time
of Delinquent Act or Violation of Probation.
(1) Expert to Aid Defense Counsel. When in any
delinquency case a child is adjudged indigent or partially indigent,
and is not represented by the public defender or regional counsel,
and counsel has reason to believe that the child may have been
insane at the time of the offense or probation violation, counsel may
so inform the court who shall appoint 1 expert to examine the child
in order to assist counsel in the preparation of the defense. The
expert shall report only to the attorney for the child and matters
related to the expert shall fall under the lawyer-client privilege.
(2) Notice of Intent to Rely on the Insanity Defense.
When in any delinquency case it shall be the intention of the child
to rely on the defense of insanity either at an adjudicatory hearing
or violation of probation hearing, no evidence offered by the child
for the purpose of establishing that defense shall be admitted in the
case unless advance notice in writing of the defense shall have been
given by the child as provided in this rule.
(3) Time for Filing Notice. The child shall give notice of
intent to rely on the defense of insanity not less than 10 days before
the adjudicatory hearing or violation of probation hearing and shall
provide the court with a statement of particulars showing as nearly
as possible the nature of the insanity expected to be proved and the
names and addresses of witnesses expected to prove it.
(4) Court Ordered Evaluations. On the filing of such
notice and on motion of the state, the court shall order the child to
be examined by the state’s mental health expert as to the sanity or
insanity of the child at the time of the alleged offense or probation
violation. Attorneys for the state and the child may be present at
the examination.
(5) Waiver of the Time to File. On good cause shown for
the omission of the notice of intent to rely on the defense of
insanity, or any mental health defense, the court may in its
discretion grant the child 10 days to comply with the notice
requirement. If leave is granted and the child files the notice, the
child is deemed unavailable to proceed. If the adjudicatory hearing
has already commenced, the court, only on motion of the child, may
declare a mistrial in order to permit the child to raise the defense of
insanity pursuant to this rule. Any motion for mistrial shall
constitute a waiver of the child’s right to any claim of former
jeopardy arising from the uncompleted trial.
(6) Speedy Trial. A continuance granted for this
purpose will toll speedy trial.
(7) Detention. This rule shall in no way be construed to
add any detention powers not provided by statute or case law.
(8) Experts. Once listed as a witness, any experts
appointed by the court may be summoned to testify at the
adjudicatory hearing or violation of probation hearing. Other
evidence regarding the child’s insanity or mental condition may be
introduced by either party. Each expert who has examined the child
under this section shall state his or her opinion regarding the
child’s sanity.
(9) Written Opinions of Experts. Any written report
submitted by the experts shall:
(A) identify the specific matters referred for
evaluation;
(B) describe the procedures, techniques, and tests
used in the examination and the purposes of each;
(C) state the expert’s clinical observations and
opinions as to the child’s mental status; and
(D) identify the sources of information used by the
expert and present the factual basis for the expert’s clinical
opinions.
(10) Burden. The child has the burden of proving the
defense of insanity by clear and convincing evidence. Insanity is
established when:
(A) The child had a mental infirmity, disease, or
defect; and
(B) Because of this condition, the child:
(i) Did not know what he or she was doing
or its consequences; or
(ii) Although the child knew what he or she
was doing and its consequences, the child did not know that what
he or she was doing was wrong.
(11) Procedures after Judgment of Not Guilty by Reason of
Insanity.
(A) When the child is found not guilty of the
delinquent act or violation of probation because of insanity, the
court shall enter such a finding and order.
(B) After finding the child not guilty by reason of
insanity, the court shall conduct a hearing to determine if the child
presently meets the statutory criteria for involuntary commitment
to a residential psychiatric facility as governed by the provisions of
chapters 985, 393 or 394. If the court determines that the required
criteria have been met, the child shall be committed by the juvenile
court to the Department of Children and Families for immediate
placement in a residential psychiatric facility.
(C) If the court determines that such commitment
criteria have not been established, the court shall order that the
child receive recommended and appropriate treatment at an
outpatient facility or service as governed by the provisions of
chapters 985, 393 or 394, unless the court determines that
treatment is not needed. If such a determination is made, the court
shall discharge the child.
(D) The requests for discharge or continued
involuntary hospitalization of the child shall be directed to the court
that committed the child.
(E) If a child is not committed to a residential
psychiatric facility and has been ordered to receive appropriate
treatment at an outpatient facility or service and it appears during
the course of the ordered treatment that treatment is not being
provided or that the child now meets the criteria for involuntary
commitment, the court shall conduct a hearing as governed by the
provisions of chapters 985, 393 or 394. If the court determines that
the child no longer requires treatment at an outpatient facility or
service, the court shall enter an order discharging the child.
(F) During the time the child is receiving
treatment, either by hospitalization or through an outpatient facility
or service, any party may request the court to conduct a hearing to
determine the nature, quality, and need for continued treatment.
The hearing shall be governed by the provisions of chapters 985,
393 or 394.
(G) No later than 30 days before reaching age 19,
a child still under supervision of the court under this rule shall be
afforded a hearing. At the hearing, a determination shall be made
as to the need for continued hospitalization or treatment. If the
court determines that continued care is appropriate, proceedings
shall be initiated under chapters 393 or 394, Florida Statutes. If the
court determines further care to be unnecessary, the court shall
discharge the child.
Committee Notes
2021 Amendment. The contact information for the
Department of Children and Families regarding restoration of
competency is: JITP Statewide Coordinator, Mental Health
Treatment Facilities, Department of Children and Families, 1317
Winewood Blvd., Bldg. 6, 3rd Floor, Tallahassee, FL 32399
SAMH.jitp@myflfamilies.com Office: 850-717-4333 Fax: 850-487-
1307.
F. HEARINGS
RULE 8.100 cases. GENERAL PROVISIONS FOR HEARINGS
Unless otherwise provided, the following provisions apply to all
hearings:
(a) Presence of the Child. The child shall be present 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 interests.
(b) Use of Restraints on the Child. Instruments of
restraint, such as handcuffs, chains, irons, straitjackets, cloth and
leather restraints, or other similar items, shall not be used on a
child during a court proceeding except when ordered by the court
prior to the child’s appearance in the courtroom in accordance with
this rule. Instruments of restraint must be removed prior to the
child’s appearance unless after an individualized assessment of the
child the court finds that:
(1) The use of restraints is necessary due to one of the
following factors:
(A) to prevent physical harm to the child or
another person;
(B) the child’s history of disruptive courtroom
behavior that has placed others in potentially harmful situations or
that presents a substantial risk of inflicting physical harm or
himself or herself or others as evidenced by recent behavior; or
(C) a founded belief that the child presents a
substantial risk of flight from the courtroom; and
(2) There are no less restrictive alternatives to
restraints that will prevent flight or physical harm to the child or
another person, including, but not limited to, the presence of court
personnel, law enforcement officers, or bailiffs.
(3) In making a determination that the use of
instruments of restraint is necessary, pursuant to subdivision
(b)(1), the court shall consider:
(A) any past escapes or attempted escapes by the
child;
(B) evidence of a present plan of escape by the
child;
(C) a credible threat by the child to harm himself
or herself or another person during court;
(D) evidence of self-injurious behavior on part of
the child; and
(E) any other factor that is relevant in determining
whether the use of instruments of restraint are necessary pursuant
to subdivision (b)(1).
(4) The court shall provide the child’s attorney an
opportunity to be heard before the court orders the use of
restraints. Counsel shall be appointed for this hearing if the child
qualifies for such appointment and does not waive counsel in
writing as required by rule 8.165.
(5) If restraints are ordered, the court shall make
specific and individualized findings of fact in support of the order
and the least restrictive restraints shall be used. Any restraints
shall allow the child limited movement of his or her hands to read
and handle documents and writings necessary to the hearing.
(6) Under no circumstances should a child be
restrained using fixed restraints to a wall, floor, or furniture.
(c) Absence of the Child. If the child is present at the
beginning of a hearing and during the progress of the hearing
voluntarily absents himself or herself from the presence of the court
without leave of the court, or is removed from the presence of the
court because of disruptive conduct during the hearing, the hearing
shall not be postponed or delayed, but shall proceed in all respects
as if the child were present in court at all times.
(d) Invoking the Rule. Prior to the examination of any
witness the court may, and on the request of any party in an
adjudicatory hearing shall, exclude all other witnesses. The court
may cause witnesses to be kept separate and to be prevented from
communicating with each other until all are examined.
(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.
(1) Evidentiary proceedings must be conducted in
person unless the parties agree that a proceeding should be
conducted remotely or conducted in a hybrid format, or the court so
orders upon good cause shown.
(2) All other proceedings may be conducted remotely or
in a hybrid format upon agreement of the parties or by court order
unless good cause is otherwise shown.
(3) The court may consider the following factors in
determining whether good cause exists: the consent of the parties,
the time-sensitivity of the matter, the nature of the relief sought,
the resources of the parties, the anticipated duration of the
testimony, the need and ability to review and identify documents
during testimony, the probative value of the testimony, the
geographic location of the witnesses, the cost and inconvenience in
requiring the physical presence of the witnesses, the need for
confrontation of the witnesses, the need to observe the demeanor of
the witnesses, the potential for unfair surprise, and any other
matter relevant to the request.
(4) A party who participates in a hearing conducted
remotely or conducted in a hybrid format must be given the
opportunity to privately and confidentially communicate with
counsel during the proceedings.
(f) Taking Testimony.
(1) Testimony at a Hearing or Trial. When testifying at a
hearing or trial, a witness must be physically present unless
otherwise provided by law or these rules.
(2) Remote Testimony. Upon stipulation of the parties,
or upon motion of a party for good cause shown, the court may
permit a witness to testify at delinquency proceedings by
contemporaneous audio-video communication technology that
makes the witness visible during the testimony to all parties, the
judge, and any other necessary persons. In determining good
cause, the court must consider whether the child’s right to
confrontation is preserved.
(3) Administration of the Oath. Before testimony may be
presented through audio-video communication technology, the oath
must be administered to the witness as provided in this
subdivision.
(i) Person Administering the Oath is Physically
Present with the Witness. An oath may be administered to a witness
testifying through communication technology by a person who is
physically present with the witness if the person is authorized to
administer oaths in the witness’s jurisdiction and the oath is
administered consistent with the laws of that jurisdiction.
(ii) Person Administering the Oath is not
Physically Present with the Witness. An oath may be administered
to a witness testifying through audio-video communication
technology by a person who is not physically present with the
witness if the person is authorized to administer oaths in the State
of Florida and the oath is administered through audio-video
communication technology in a manner consistent with the general
laws of the State of Florida. If the witness is not located in the State
of Florida, the witness must consent to be bound by an oath
administered under the general laws of the State of Florida.
(g) Continuances. The court may grant a continuance
before or during a hearing for good cause shown by any party.
(h) Record of Testimony. A record of the testimony in all
hearings shall be made by an official court reporter, a court
approved stenographer, or a recording device. The records shall be
preserved for 5 years from the date of the hearing. Official records of
testimony shall be provided only on request of a party or a party’s
attorney or on a court order.
(i) Notice. When these rules do not require a specific notice,
all parties will be given reasonable notice of any hearing.
RULE 8.104 cases. TESTIMONY BY CLOSED-CIRCUIT TELEVISION
OR AUDIO-VIDEO COMMUNICATION
TECHNOLOGY
(a) Requirements for Use. In any case the trial court may
order the testimony of a victim or witness under the age of 18 to be
taken outside the courtroom and shown by means of closed-circuit
television or, at the discretion of the court, by audio-video
communication technology if on motion and hearing in camera, the
trial court determines that the victim or witness would suffer at
least moderate emotional or mental harm due to the presence of the
defendant child if the witness is required to testify in open court.
(b) Persons Who May File Motion. The motion may be filed
by:
(1) the victim or witness or his or her attorney, parent,
legal guardian, or guardian ad litem;
(2) the trial judge on his or her own motion;
(3) the prosecuting attorney; or
(4) the defendant child or his or her counsel.
(c) Persons Who May Be Present During Testimony. Only
the judge, prosecutor, witness or victim, attorney for the witness or
victim, defendant child’s attorney, operator of the equipment, an
interpreter, and some other person who in the opinion of the court
contributes to the well-being of the victim or witness and who will
not be a witness in the case may be in the room or remote hearing
room during the recording of the testimony.
(d) Presence of Defendant Child. During the testimony of
the victim or witness by closed-circuit television or other audio-
video communication technology, the court may require the
defendant child to view the testimony from the courtroom or via
audio-video communication technology. In such case, the court
shall permit the defendant child to observe and hear the testimony,
but shall ensure that the victim or witness cannot hear or see the
defendant child. The defendant child’s right to assistance of
counsel, which includes the right to immediate and direct
communication with counsel conducting cross examination, shall
be protected and, on the defendant child’s request, such
communication shall be provided by any appropriate electronic
method.
(e) Findings of Fact. The court shall make specific findings
of fact on the record as to the basis for its ruling under this rule.
(f) Time for Motion. The motion referred to in subdivision
(a) may be made at any time with reasonable notice to each party.
Committee Notes
1992 Adoption. Addition of this rule is mandated by section
92.55, Florida Statutes (1989).
RULE 8.105 cases. WAIVER OF JURISDICTION
(a) On Demand. On demand for waiver of jurisdiction, the
court shall enter a written order setting forth the demand, waiving
jurisdiction, and certifying the case for trial as if the child were an
adult. The demand shall be made in the form provided by law prior
to the commencement of an adjudicatory hearing. A certified copy of
the order shall be furnished to the clerk of the court having
jurisdiction to try the child as an adult and to the prosecuting
officer of the said child within 5 days of the demand being made.
The court may order that the child be delivered to the sheriff of the
county in which the court that is to try the child is located.
(b) Involuntary Waiver; Hearing.
(1) As provided by law, the state attorney may, or if
required shall, file a motion requesting the court to waive its
jurisdiction and certify the case to the appropriate court for trial as
if the child were an adult.
(2) Following the filing of the motion of the state
attorney, summons shall be issued and served in conformity with
the provision of rule 8.040. A copy of the motion and a copy of the
delinquency petition, if not already served, shall be attached to each
summons.
(3) No plea to a petition shall be accepted by the court
prior to the disposition of the motion to waive jurisdiction.
(4) After the filing of the report required by law, the
court shall conduct a hearing on the motion to determine the
existence of the criteria established by law for waiver of jurisdiction.
(5) After hearing as provided in this rule:
(A) The court may enter an order waiving
jurisdiction and certifying the case for trial as if the child were an
adult as provided by law. The order shall set forth the basis for
waiver of jurisdiction and certification to the appropriate court, with
copies provided to all parties and the department. A certified copy of
the order shall be furnished to the clerk of the court having
jurisdiction to try the child as an adult and to the prosecuting
officer of the said court within 5 days of the date of the order. The
child shall be delivered immediately to the sheriff of the county in
which the court that is to try the child as an adult is located.
(B) The court may enter an order denying waiver
of jurisdiction, and give reasons for this denial, as provided by law.
If the waiver is denied, the same judge, with the consent of the child
and the state, may proceed immediately with the adjudicatory
hearing.
(c) Bail. If the child is delivered to the sheriff under
subdivision (a) or (b) the court shall fix bail. A certified copy of the
order shall be furnished to the sheriff.
RULE 8.110 cases. ADJUDICATORY HEARINGS
(a) Appearances; Pleas. The child shall appear before the
court at the times set and, unless a written plea has been filed,
enter a plea of guilty, not guilty, or, with the consent of the court,
nolo contendere.
(b) Preparation of Case. If the child pleads not guilty the
court may proceed at once to an adjudicatory hearing, or may
continue the case to allow sufficient time on the court calendar for a
hearing or to give the state or the child a reasonable time for the
preparation of the case.
(c) Trial by Court. The adjudicatory hearing shall be
conducted by the judge without a jury. At this hearing, the court
determines whether the allegations of the petition have been
sustained.
(d) Joint and Separate Trials. When 2 or more children are
alleged to have committed a delinquent act or violation of law, they
shall be tried jointly unless the court in its discretion orders
separate trials.
(e) Testimony. The child may choose to be sworn as a
witness and testify in his or her own behalf. The child may be cross-
examined as other witnesses. No child shall be compelled to give
testimony against himself or herself, nor shall any prosecuting
attorney be permitted to comment on the failure of the child to
testify in his or her own behalf. A child offering no testimony on his
or her own behalf except his or her own shall be entitled to the
concluding argument.
(f) Motion for Judgment of Dismissal. If, at the close of
the evidence for the petitioner or at the close of all the evidence in
the cause, the court is of the opinion that the evidence is
insufficient to establish a prima facie case of guilt against the child,
it may, or on the motion of the state attorney or the child shall,
enter an order dismissing the petition for insufficiency of the
evidence. A motion for judgment of dismissal is not waived by
subsequent introduction of evidence on behalf of the child. The
motion must fully set forth the grounds on which it is based.
(g) Dismissal. If the court finds that the allegations in the
petition have not been proven beyond a reasonable doubt, it shall
enter an order so finding and dismissing the case.
(h) Degree of Offense. If in a petition there is alleged an
offense which is divided into degrees, the court may find the child
committed an offense of the degree alleged or of any lesser degree
supported by the evidence.
(i) Specifying Offense Committed. If in a petition more
than one offense is alleged the court shall state in its order which
offense or offenses it finds the child committed.
(j) Lesser Included Offenses. On a petition on which the
child is to be tried for any offense, the court may find the child
committed:
(1) an attempt to commit the offense, if such attempt is
an offense and is supported by the evidence; or
(2) any offense that as a matter of law is a necessarily
included offense or a lesser included offense of the offense charged
in the petition and is supported by the evidence.
(k) Dispositional Alternatives. If the court finds that the
evidence proved the allegations of the petition beyond a reasonable
doubt, it may enter an order of adjudication or withhold
adjudication as provided by law. If the pre-disposition report
required by law is available, the court may proceed immediately to
disposition or continue the case for a disposition hearing. If the
report is not available, the court will continue the case for a
disposition hearing and refer it to the appropriate agency or
agencies for a study and recommendation. If the case is continued
the court may order the child detained.
RULE 8.115 cases. DISPOSITION HEARING
(a) Information Available to Court. At the disposition
hearing the court, after establishing compliance with the
dispositional considerations, determinations, and discussions
required by law, may receive any relevant and material evidence
helpful in determining the proper disposition to be made. It shall
include written reports required by law, and may include, but shall
not be limited to, the child’s need for substance abuse evaluation
and/or treatment, and any psychiatric or psychological evaluations
of the child that may be obtained and that are relevant and
material. Such evidence may be received by the court and may be
relied upon to the extent of its probative value, even though not
competent in an adjudicatory hearing. In any case in which it is
necessary or consented to by the parties that disposition be
pronounced by a judge other than the judge who presided at the
adjudicatory hearing or accepted a plea of guilty or nolo contendere,
the sentencing judge shall not pronounce disposition until the
judge becomes acquainted with what transpired at the adjudicatory
hearing, or the facts concerning the plea and the offense, including
any plea discussions if a plea of guilty or nolo contendere was
entered.
(b) Appointment of Counsel. Counsel shall be appointed at
all disposition hearings, including cases transferred from other
counties and restitution hearings, if the child qualifies for such
appointment and does not waive counsel in writing as required by
rule 8.165.
(c) Disclosure. The child, the child’s attorney, the child’s
parent or custodian, and the state attorney shall be entitled to
disclosure of all information in the predisposition report and all
reports and evaluations used by the department in the preparation
of the report.
(d) Disposition Order. The disposition order shall be
prepared and distributed by the clerk of the court. Copies shall be
provided to the child, defense attorney, state attorney, and
department representative. Each case requires a separate
disposition order. The order shall:
(1) state the name and age of the child;
(2) state the disposition of each count, specifying the
charge title, degree of offense, and maximum penalty defined by
statute and specifying the amount of time served in secure
detention before disposition;
(3) state general and specific conditions or sanctions;
(4) make all findings of fact required by law;
(5) state the date and time when issued and the county
and court where issued; and
(6) be signed by the court with the title of office.
(e) Fingerprints. The child’s fingerprints shall be affixed to
the order of disposition.
(f) Restitution. At the disposition hearing, the court must
make a determination if restitution is applicable. The amount and
method of restitution is to be determined as provided by law. Copies
of the restitution order shall be provided to the child, parent or
guardian of the child, attorney for the child, state attorney, victim,
and department representative.
Committee Notes
1991 Amendment. (c) Section 985.23(3)(e), Florida Statutes,
requires the court to fingerprint any child who is adjudicated or has
adjudication withheld for a felony. This rule extends this
requirement to all dispositions. Sentencing guidelines include
scorable points for misdemeanor offenses as well as for felonies.
This procedure also should assist in identifying juveniles who use
false names and birthdates, which can result in the arrest of an
innocent child whose name was used by the offender.
RULE 8.120 cases. POST-DISPOSITION HEARING
(a) Revocation of Juvenile Probation.
(1) A child who has been placed on juvenile probation
may be brought before the court upon allegations of violation(s).
(2) Any proceeding alleging a violation shall be initiated
by the filing of a sworn affidavit of the material facts supporting the
allegation(s). The affidavit shall be executed by the child’s juvenile
probation officer or other person having actual knowledge of the
facts. Copies of the affidavit shall be provided to the court, the state
attorney, and the Department of Juvenile Justice.
(3) When revocation proceedings are sought by the
state attorney or the Department of Juvenile Justice, the
proceedings shall be initiated by the filing of a petition alleging
violation of juvenile probation. The petition shall incorporate and
reference the affidavit described in subdivision (a)(2). All such
petitions must be signed and filed by legal counsel.
(4) The court may initiate revocation proceedings by the
entry of an order initiating revocation proceedings. The order must
incorporate and reference the affidavit described in subdivision
(a)(2).
(5) All interested persons, including the child, shall
have an opportunity to be heard. After such hearing, the court shall
enter an order revoking, modifying, terminating, or continuing
juvenile probation. Upon the revocation of juvenile probation, the
court shall, when the child has been placed on juvenile probation
and adjudication has been withheld, adjudicate the child
delinquent. In all cases after a revocation of juvenile probation, the
court shall enter a new disposition order.
(b) Retention of Authority over Discharge. When the court
has retained authority over discharge of a delinquent child from
placement or commitment as provided by law, prior to any
discharge from placement or commitment, the Department of
Juvenile Justice shall notify the court, the state attorney, the victim
of the offense or offenses for which the child was placed under
supervision of the department, and the child of its intention to
discharge the child. Thereafter, any interested party may request a
hearing, within the time prescribed by law, to address the
discharge.
G. RELIEF FROM ORDERS AND JUDGMENTS
RULE 8.130 cases. MOTION FOR REHEARING
(a) Basis. After the court has entered an order ruling on a
pretrial motion, an order of adjudication, or an order withholding
adjudication, any party may move for rehearing upon one or more
of the following grounds:
(1) That the court erred in the decision of any matter of
law arising during the hearing.
(2) That a party did not receive a fair and impartial
hearing.
(3) That any party required to be present at the hearing
was not present.
(4) That there exists new and material evidence which,
if introduced at the hearing, would probably have changed the
court’s decision and could not with reasonable diligence have been
discovered before and produced at the hearing.
(5) That the court is without jurisdiction of the
proceeding.
(6) That the judgment is contrary to the law and
evidence.
(b) Time and Method.
(1) A motion for rehearing may be made and ruled
upon immediately after the court announces its judgment but must
be made within 10 days of the entry of the order being challenged.
(2) If the motion is made in writing, it shall be served
as provided in these rules for service of other pleadings.
(3) A motion for rehearing shall toll the time for the
taking of an appeal.
(c) Court Action.
(1) If the motion for rehearing is granted the court may
vacate or modify the order or any part thereof and allow additional
proceedings as it deems just. It may enter a new judgment, and
may order or continue the child in detention pending further
proceedings.
(2) The court on its own initiative may vacate or modify
any order within the time limitation provided in subdivision (b).
RULE 8.135 cases. CORRECTION OF DISPOSITION OR
COMMITMENT ORDERS
(a) Correction. A court at any time may correct an illegal
disposition or commitment order imposed by it. However, a party
may not file a motion to correct under this subdivision during the
time allowed for the filing of a motion under subdivision (b)(1) or
during the pendency of a direct appeal.
(b) Motion to Correct Disposition or Commitment Error.
A motion to correct any disposition or commitment order error,
including an illegal disposition or commitment, may be filed as
allowed by this subdivision. The motion must identify the error with
specificity and provide a proposed correction. A response to the
motion may be filed within 15 days either admitting or contesting
the alleged error. Motions may be filed by the state under this
subdivision only if the correction of the error would benefit the child
or to correct a scrivener’s error.
(1) Motion Before Appeal. During the time allowed for
the filing of a notice of appeal, a child, the state, or the department
may file a motion to correct a disposition or commitment order
error.
(A) This motion stays rendition under Florida Rule
of Appellate Procedure 9.020(i).
(B) Unless the trial court determines that the
motion can be resolved as a matter of law without a hearing, it shall
hold an initial hearing no later than 10 days from the filing of the
motion, with notice to all parties, for the express purpose of either
ruling on the motion or determining the need for an evidentiary
hearing. If an evidentiary hearing is needed, it shall be set no more
than 10 days from the date of the initial hearing. Within 30 days
from the filing of the motion, the trial court shall file an order ruling
on the motion. If no order is filed within 30 days, the motion shall
be deemed denied.
(2) Motion Pending Appeal. If an appeal is pending, a
child or the state may file in the trial court a motion to correct a
disposition or commitment order error. The motion may be filed by
appellate counsel and must be served before the party’s first brief is
served. A notice of pending motion to correct disposition or
commitment error shall be filed in the appellate court, which notice
shall automatically extend the time for the filing of the brief, until
10 days after the clerk of the circuit court transmits the
supplemental record under Florida Rule of Appellate Procedure
9.140(f)(6).
(A) The motion shall be served on the trial court
and on all trial and appellate counsel of record. Unless the motion
expressly states that appellate counsel will represent the movant in
the trial court, trial counsel will represent the movant on the motion
under Florida Rule of Appellate Procedure 9.140(d). If the state is
the movant, trial counsel will represent the child unless appellate
counsel for the child notifies trial counsel and the trial court that
appellate counsel will represent the child on the state’s motion.
(B) The trial court shall resolve this motion in
accordance with subdivision (b)(1)(B) of this rule.
(C) Under Florida Rule of Appellate Procedure
9.140(f)(6), the clerk of the circuit court shall supplement the
appellate record with the motion, the order, any amended
disposition, and, if designated, a transcript of any additional portion
of the proceedings.
RULE 8.140 cases. EXTRAORDINARY RELIEF
(a) Basis. On motion and upon such terms as are just, the
court may relieve a party or the party’s legal representative from an
order, judgment, or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable
neglect.
(2) Newly discovered evidence which by due diligence
could not have been discovered in time to move for rehearing.
(3) Fraud (intrinsic or extrinsic), misrepresentation, or
other misconduct of any other party.
(4) That the order or judgment is void.
(b) Time. The motion shall be made within a reasonable
time and, for reasons (1), (2), and (3), not more than 1 year after the
judgment, order, or proceeding was taken.
RULE 8.145 cases. SUPERSEDEAS ON APPEAL
(a) Granting of Supersedeas. The court in considering the
welfare and best interest of the child and the interest of the public
may grant a supersedeas in its discretion on such conditions as it
may determine are appropriate.
(b) Preeminence of Rule. This rule shall be to the exclusion
of any other court rule providing for supersedeas on appeal.
H. CONTEMPT
RULE 8.150 cases. CONTEMPT
(a) Contempt of Court. The court may punish any child for
contempt under this rule for interfering with the court or court
administration, or for violating any order of the court. A child under
the jurisdiction of the juvenile court may be subject to contempt
under this rule even upon reaching the age of majority. If the child
is found in contempt and sentenced to secure detention, on motion
by any party the court must review the placement of the child to
determine whether it is appropriate for the child to remain detained.
(b) Direct Contempt. After a hearing, a contempt may be
punished immediately if the court saw or heard the conduct
constituting the contempt that was committed in the presence of
the court. The child has a right to legal counsel and the right to
have legal counsel appointed by the court if the child is indigent.
The court must inform the child as to the basis for the contempt by
reciting the facts on which the contempt is based. Before the
adjudication of guilt the court must inquire as to whether there is
any cause to show why the child should not be adjudged guilty of
contempt by the court and sentenced therefor. The child must be
given the opportunity to present evidence of excusing or mitigating
circumstances. The judgment must be signed by the court and
entered of record. Sentence must be pronounced in open court.
(c) Indirect Contempt. An indirect contempt may be
prosecuted in the following manner:
(1) Legal Counsel. Counsel must be appointed for all
contempt hearings if the child qualifies for such appointment, or
the child has the right to retain counsel, unless the child waives
counsel in writing as required by rule 8.165.
(2) Order to Show Cause. On affidavit of any person
having personal knowledge of the facts, the court may issue and
sign an order to show cause. The order must state the essential
facts constituting the contempt charged and require the child to
appear before the court to show cause why the child should not be
held in contempt of court. If the contempt charged involves
disrespect to or criticism of a judge, on motion by the child, the
judge must be disqualified by the chief judge of the circuit. The
order must specify the time and place of the hearing, with a
reasonable time allowed for the preparation of a defense after
service of the order on the child. It must be served in the same
manner as a summons. Nothing herein shall be construed to
prevent the child from waiving the service of process.
(3) Motions; Answer. The child may move to dismiss the
order to show cause, move for a statement of particulars, admit to
the offense, or enter a denial and request a hearing.
(4) Detention Before the Hearing. The court may only
detain the child before the contempt hearing solely on the contempt
proceeding if the court provides clear and convincing reasons in
writing demonstrating the court’s belief that the child will fail to
appear in response to the order to show cause.
(5) Hearing. The judge may conduct a hearing without
assistance of counsel or may be assisted in the prosecution of the
contempt by the state attorney or by an attorney appointed for that
purpose. At the hearing, the child has the following rights:
(A) The right to be represented by legal counsel.
(B) The right to testify in the child’s own defense.
(C) The right to confront witnesses.
(D) The right to subpoena and present the
witnesses.
(E) The right to have the hearing recorded and a
copy of such recording.
(F) The right to have a transcript of the
proceeding.
(G) The right to appeal.
(6) Verdict; Judgment. At the conclusion of the hearing
the court must sign a judgment of guilty or not guilty. If the court
finds the child guilty, the judgment should include a recital of the
facts that constituted the contempt.
(7) Sentence. Before the pronouncement of sentence the
court must inform the child of the accusation and judgment against
him or her and inquire as to whether there is any cause to show
why sentence should not be pronounced. The child must be
afforded the opportunity to present evidence of mitigating
circumstances. The court must consider all available and
appropriate sentences, including alternative sanctions. The court
must pronounce the sentence in open court and in the presence of
the child.
I. GENERAL PROVISIONS
RULE 8.160 cases. TRANSFER OF CASES
The court may transfer any case, after adjudication or when
adjudication is withheld, to the circuit court for the county of the
circuit in which is located the domicile or usual residence of the
child or such other circuit court as the court may determine to be
for the best interest of the child. No case shall be transferred to
another county under this rule unless a plea of nolo contendere or
guilty has been entered by the child on the charge being
transferred, or until the transferring court has found the child
committed the offense in question after an adjudicatory hearing in
the county where the offense occurred. Any action challenging the
entry of a plea or the adjudicatory hearing result must be brought
in the transferring court’s county. The transferring court shall enter
an order transferring its jurisdiction and certifying the case to the
proper court. The transferring court shall furnish the following to
the state attorney, the public defender, if counsel was previously
appointed, and the clerk of the receiving court within 5 days:
(a) A certified copy of the order of transfer, which shall
include, but not be limited to:
(1) specific offense that the child was found to have
committed;
(2) degree of the offense;
(3) name of parent/custodian to be summoned;
(4) address at which the child should be summoned for
disposition;
(5) name and address of victim;
(6) whether the child was represented by counsel; and
(7) findings of fact, after hearing or stipulation,
regarding the amount of damages or loss caused directly or
indirectly by the child’s offense, for purposes of restitution.
(b) A certified copy of the delinquency petition.
(c) A copy of the juvenile referral or complaint.
(d) Any reports and all previous orders including orders
appointing counsel entered by the court in the interest of that child.
Committee Notes
1991 Amendment. This rule requires the transferring court to
provide sufficient information to the receiving court when
transferring the case to another jurisdiction to comply with the
requirements of chapter 39, Florida Statutes.
1992 Amendment. The purpose of this amendment is to
require the court hearing the substantive charge to determine the
value of the victim’s damage or loss caused by the child’s offense.
The victim and witnesses necessary to testify as to damage and loss
are more often residents of the transferring court’s county, rather
than the receiving court’s.
RULE 8.165 cases. PROVIDING COUNSEL TO PARTIES
(a) Duty of the Court. The court shall advise the child of
the child’s right to counsel. The court shall appoint counsel as
provided by law unless waived by the child at each stage of the
proceeding. Waiver of counsel can occur only after the child has
had a meaningful opportunity to confer with counsel regarding the
child’s right to counsel, the consequences of waiving counsel, and
any other factors that would assist the child in making the decision
to waive counsel. This waiver shall be in writing.
(b) Waiver of Counsel.
(1) The failure of a child to request appointment of
counsel at a particular stage in the proceedings or the child’s
announced intention to plead guilty shall not, in itself, constitute a
waiver of counsel at any subsequent stage of the proceedings.
(2) A child shall not be deemed to have waived the
assistance of counsel until the entire process of offering counsel has
been completed and a thorough inquiry into the child’s
comprehension of that offer and the capacity to make that choice
intelligently and understandingly has been made.
(3) If the child is entering a plea to or being tried on an
allegation of committing a delinquent act, the written waiver shall
also be submitted to the court in the presence of a parent, legal
custodian, responsible adult relative, or attorney assigned by the
court to assist the child. The assigned attorney shall verify on the
written waiver and on the record that the child’s decision to waive
counsel has been discussed with the child and appears to be
knowing and voluntary.
(4) No waiver shall be accepted if it appears that the
party is unable to make an intelligent and understanding choice
because of mental condition, age, education, experience, the nature
or complexity of the case, or other factors.
(5) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.
RULE 8.170 cases. GUARDIAN AD LITEM
At any stage of the proceedings, the court may appoint a
guardian ad litem for the child.
A guardian ad litem shall not be required to post bond but
shall file an acceptance of the office.
RULE 8.180 cases. COMPUTATION AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514,
except for rules 8.013 and 8.010, to which rule 2.514(a)(2)(C) shall
not apply and the statutory time period shall govern.
(b) Enlargement of Time. When by these rules or by a
notice given thereunder or by order of court an act is required or
allowed to be done at or within a specified time, the court for good
cause shown may, at any time, in its discretion:
(1) with or without notice, order the period enlarged if
request therefor is made before the expiration of the period
originally prescribed or as extended by a previous order; or
(2) upon motion made and notice after the expiration of
the specified period permit the act to be done where the failure to
act was the result of excusable neglect.
But it may not, except as provided by law or elsewhere in these
rules, extend the time for making a motion for a new trial, a motion
for rehearing, judgment of acquittal, vacation of judgment, or for
taking an appeal. This rule shall not be construed to apply to
detention hearings.
RULE 8.185 cases. COMMUNITY ARBITRATION
(a) Referral. A case may be referred to community
arbitration as provided by law. The chief judge of each judicial
circuit shall maintain a list of qualified persons who have agreed to
serve as community arbitrators for the purpose of carrying out the
provisions of chapter 985, Florida Statutes.
(b) Arbitrator Qualifications. Each community arbitrator or
member of a community arbitration panel shall be selected
pursuant to law and shall meet the following minimum qualification
and training requirements:
(1) Be at least 18 years of age.
(2) Be a person of the temperament necessary to deal
properly with cases involving children and with the family crises
likely to be presented.
(3) Pass a law enforcement records check and a
Department of Children and Family Services abuse registry
background check, as determined by the written guidelines
developed by the chief judge of the circuit, the senior circuit court
judge assigned to juvenile cases in the circuit, and the state
attorney.
(4) Observe a minimum of 3 community arbitration
hearings conducted by an approved arbitrator in a juvenile case.
(5) Conduct at least 1 juvenile community arbitration
hearing under the personal observation of an approved community
arbitrator.
(6) Successfully complete a training program consisting
of not less than 8 hours of instruction including, but not limited to,
instruction in:
(A) conflict resolution;
(B) juvenile delinquency law;
(C) child psychology; and
(D) availability of community resources.
The chief judge of the circuit, the senior circuit judge assigned to
juvenile cases in the circuit, and the state attorney shall develop
specific written guidelines for the training program and may specify
additional qualifications as necessary.
Committee Notes
1992 Adoption. This rule provides qualification and training
requirements for arbitrators as required by section 985.304(3),
Florida Statutes. It was the committee’s intention to set minimal
qualifications and to allow local programs to determine additional
requirements.
PART III. DEPENDENCY AND TERMINATION OF PARENTAL
RIGHTS PROCEEDINGS
A. GENERAL PROVISIONS
RULE 8.201 cases. COMMENCEMENT OF PROCEEDINGS
(a) Commencement of Proceedings. Proceedings are
commenced when:
(1) an initial shelter petition is filed;
(2) a petition alleging dependency is filed;
(3) a petition for termination of parental rights is filed;
or
(4) a petition for an injunction to prevent child abuse
under chapter 39, Florida Statutes, is filed.
(5) a petition or affidavit for an order to take into
custody is filed; or
(6) any other petition authorized by chapter 39, Florida
Statutes, is filed.
(b) File to Be Opened. Upon commencement of any
proceeding, the clerk must open a file and assign a case number.
RULE 8.203 cases. APPLICATION OF UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT
Any pleading filed commencing proceedings as set forth in rule
8.201 must be accompanied by an affidavit, to the extent of affiant’s
personal knowledge, under the Uniform Child Custody Jurisdiction
and Enforcement Act. Each party has a continuing duty to inform
the court of any custody proceeding in this or any other state of
which information is obtained during the proceeding.
RULE 8.205 cases. TRANSFER OF CASES
(a) Transfer of Cases Within Circuit Court. If it should
appear at any time in a proceeding initiated in a division other than
the division of the circuit court assigned to handle dependency
matters that facts are alleged that essentially constitute a
dependency or the termination of parental rights, the court may
upon consultation with the administrative judge assigned to
dependency cases order the transfer of action and the transmittal of
all relevant documents to the division assigned to handle
dependency matters. The division assigned to handle dependency
matters shall then assume jurisdiction only over matters pertaining
to dependency, custody, visitation, and child support.
(b) Transfer of Cases Within the State of Florida. The
court may transfer any case at any point during the proceeding
after adjudication, when adjudication is withheld, or before
adjudication where witnesses are available in another jurisdiction,
to the circuit court for the county in which is located the domicile or
usual residence of the child or such other circuit as the court may
determine to be for the best interest of the child and to promote the
efficient administration of justice. The transferring court must enter
an order transferring its jurisdiction and certifying the case to the
proper court, furnishing all parties, the clerk, and the attorney’s
office handling dependency matters for the state in the receiving
court a copy of the order of transfer within 5 days. The clerk must
also transmit a certified copy of the file to the receiving court within
5 days.
(c) Transfer of Cases Among States. If it should appear at
any time that an action is pending in another state, the court may
transfer jurisdiction over the action to a more convenient forum
state, may stay the proceedings, or may dismiss the action.
Committee Notes
1992 Amendment. Plans under rule 8.327 were deleted in the
1991 revision to the rules, but are being reinstated as “stipulations”
in the 1992 revisions. This change corrects the cross-reference.
Editor’s Note
On October 18, 2012, the Supreme Court of Florida issued a
revised opinion in case number SC11-399, which was originally
issued on June 21, 2012. See In re Amendments to the Florida Rules
of Judicial Administration, 102 So. 3d 451(Fla. 2012). The opinion
provides in relevant part:
“First, the new electronic filing requirements the Courts
adopts will become effective in the civil, probate, small claims, and
family law divisions of the trial courts, as well as for appeals to the
circuit courts in these categories of cases, on April 1, 2013, at
12:01 a.m., except as may be otherwise provided by administrative
order. Electronic filing will be mandatory in these divisions
pursuant to rule 2.525 on that date. However, until the new rules
take effect in these divisions, any clerk who is already accepting
documents filed by electronic transmission under the current rules
should continue to do so; attorneys in these counties are
encouraged to file documents electronically under the current rules.
“Next, the new electronic filing requirements the Court adopts
will become effective in the criminal, traffic, and juvenile divisions of
the trial courts, as well as for appeals to the circuit court in these
categories of cases, on October 1, 2013, at 12:01 a.m., except as
may be otherwise provided by administrative order. Electronic filing
will be mandatory in these divisions under rule 2.525 on that date.
The new e-filing requirements, as they apply in proceedings brought
pursuant to the Florida Mental Health Act (Baker Act), Chapter 394,
Part I, Florida Statutes, and the Involuntary Commitment of
Sexually Violent Predators Act (Jimmy Ryce), Chapter 394, Part V,
Florida Statutes, will also not be mandatory in these cases until
October 1, 2013. As stated above, until the new rules take effect in
these divisions and proceedings, any clerk who is already accepting
electronically filed documents under the current rules should
continue to do so; attorneys are again encouraged to utilize existing
electronic filing procedures under the current rules.
“However, until the new rules and procedures take effect in
the district courts, any clerk who is already accepting documents
filed by electronic transmission may continue to do so; attorneys in
these districts are encouraged to file documents electronically.
Clerks will not be required to electronically transmit the record on
appeal until July 1, 2013, at 12:01 a.m. Until July 1, we encourage
clerks, whenever possible, to electronically transmit the record
under the new rules and requirements.
“(W)e note that, in all types of cases, pursuant to amended
rule 2.525(d) self-represented parties and self-represented
nonparties, including nonparty governmental or public agencies,
and attorneys excused from e-mail service under Florida Rule of
Judicial Administration 2.516 will be permitted, but nor required,
to file documents electronically.
By order of November 28, 2012, in case number SC11-399,
the Court released a revised implementation schedule, which
provides, in pertinent part: “The e-filing rules adopted in the
October 2012 opinion will be mandatory in this (Supreme) Court on
February 27, 2013, at 12:01 a.m.; and effective earlier on a
voluntary basis as will be indicated by further administrative order
of the chief justice.
“Thereafter, the e-filing rules will be mandatory in the Second
District Court of Appeal on July 22, 2013, at 12:01 a.m.; in the
Third District Court of Appeal on September 27, 2013, at 12:01
a.m.; in the Fourth District Court of Appeal on October 31, 2013, at
12:01 a.m.; in the Fifth District Court of Appeal on November 27,
2013 at 12:01 a.m.; and in the First District Court of Appeal on
December 27, 2013, at 12:01 a.m., unless made mandatory earlier
by the chief judge of the applicable district court of appeal. The e-
filing rules will be effective earlier on a voluntary trial basis in the
district courts of appeal as will be indicated by further
administrative order by the chief judge of the applicable district
court.”
RULE 8.210 cases. PARTIES AND PARTICIPANTS
(a) Parties. For the purpose of these rules the terms “party”
and “parties” include the petitioner, the child, the parent(s) of the
child, the department, and the guardian ad litem.
(b) Participants. “Participant” means any person who is not
a party but who should receive notice of hearings involving the
child. Participants include foster parents or the legal custodian of
the child, identified prospective parents, actual custodians of the
child, grandparents entitled to notice of an adoption proceeding as
provided by law, the state attorney, and any other person whose
participation may be in the best interest of the child. The court may
add additional participants. Participants may be granted leave by
the court to be heard without the necessity of filing a motion to
intervene and have no other rights of a party except as provided by
law.
(c) Parent or Legal Custodian. For the purposes of these
rules, when the phrase “parent(s) or legal custodian(s)” is used, it
refers to the rights or responsibilities of the parent and, only if there
is no living parent with intact parental rights, to the rights or
responsibilities of the legal custodian who has assumed the role of
the parent.
RULE 8.215 cases. GUARDIAN AD LITEM
(a) Appointment. The court must appoint a guardian ad
litem to represent the child at the earliest possible time.
(b) Duties and Responsibilities. The guardian ad litem
must be a responsible adult, who may or may not be an attorney,
appointed by the court to represent a child as authorized by law,
and has the following responsibilities:
(1) To gather information concerning the allegations of
the petition and any subsequent matters arising in the case and,
unless excused by the court, to file a written report. This report
must include a summary of the guardian ad litem’s findings, a
statement of the wishes of the child, and the recommendations of
the guardian ad litem and must be provided to all parties and the
court at least 72 hours before the hearing for which the report is
prepared.
(2) To be present at all court hearings unless excused
by the court.
(3) To represent the child throughout the proceeding,
including appeals, until the jurisdiction of the court over the child
terminates, or until excused by the court.
(4) To advocate for the child’s participation in the
proceeding and inform the court of the child’s preferences, to the
extent the child is able to express them.
(5) To perform such other duties as are consistent with
the scope of the appointment.
(c) Bond. A guardian ad litem is not required to post bond
but must file an acceptance of the appointment.
(d) Service. A guardian ad litem is entitled to receive service
of pleadings and papers as provided by law.
(e) Practice of Law by Lay Guardians. The duties of lay
guardians must not include the practice of law.
(f) Substitution or Discharge. The court, on its own motion
or that of any party, including the child, may substitute or
discharge the guardian ad litem for reasonable cause.
Committee Notes
1991 Amendment. (c)(1) This section allows a report to be
submitted before any hearing, not only the disposition hearing.
RULE 8.217 cases. ATTORNEY AD LITEM
(a) Request. At any stage of the proceedings, any party may
request or the court may consider whether an attorney ad litem is
necessary to represent any child alleged, or found, to be dependent,
if one has not already been appointed.
(b) Appointment. The court may appoint an attorney ad
litem to represent the child in any proceeding as allowed by law.
(c) Duties and Responsibilities. The attorney ad litem must
be an attorney who has completed any additional requirements as
provided by law. The attorney ad litem is in an attorney-client
relationship with the child, maintains confidentiality, and has other
responsibilities as provided by law.
(d) Service. Any attorney appointed under this rule is
entitled to receive and must provide service of pleadings and
documents as provided by rule 8.225.
Committee Note
2022 Amendment. Subdivision (b) was amended in response
to ch. 2021-169, Laws of Florida.
RULE 8.220 cases. STYLE OF PLEADING AND ORDERS
All pleadings and orders shall be styled: “In the interest of
...................., a child,” or: “In the interest of ....................,
children.”
RULE 8.224 cases. PERMANENT MAILING ADDRESS
(a) Designation. On the first appearance before the court,
each party must provide a permanent mailing address and primary
e-mail address to the court. The court must advise each party that
these addresses will be used by the court, the petitioner, and other
parties for notice unless and until the party notifies the court and
the petitioner, in writing, of a new mailing or e-mail address. The
court may excuse a party from the requirement to provide an e-mail
address for good cause shown. The court may consider the following
factors in determining whether good cause exists:
(1) the party does not have an e-mail address;
(2) the party does not have reliable and consistent
access to an e-mail address;
(3) the party has some other barrier that prevents
access to e-mail; or
(4) any other factor the court deems relevant.
The court must excuse a party who is incarcerated and not
represented by an attorney from the requirement to provide an e-
mail address.
(b) Effect of Filing. On the filing of a permanent mailing
and e-mail address designation with the court, the party then has
an affirmative duty to keep the court and the petitioner informed of
any address change. Any address change must be filed with the
court as an amendment to the permanent address or e-mail
designation within 10 calendar days.
(c) Service to Permanent Mailing Address. Service of any
summons, notice, pleadings, subpoenas, or other papers to the
permanent mailing address on file with the court will be presumed
to be appropriate service.
(d) Service by E-mail. A party may consent to service or
notice by e-mail by providing a primary e-mail address to the clerk.
A parent who is required to provide an e-mail address pursuant to
statute must consent orally or in writing consent to service by e-
mail.
RULE 8.225 cases. PROCESS, DILIGENT SEARCHES, AND SERVICE
OF PLEADINGS AND PAPERS
(a) Summons and Subpoenas.
(1) Summons. On the filing of a dependency petition,
the clerk must issue a summons. The summons must require the
person on whom it is served to appear for a hearing at a time and
place specified not less than 72 hours after service of the summons.
If applicable, the summons must also include instructions for
appearing at the hearing through communication technology. A
copy of the petition must be attached to the summons.
(2) Subpoenas. Subpoenas for testimony before the
court, for production of tangible evidence, and for taking
depositions must be issued by the clerk of the court, the court on
its own motion, or any attorney of record for a party. Subpoenas
may be served within the state by any person over 18 years of age
who is not a party to the proceeding. In dependency and
termination of parental rights proceedings, subpoenas may also be
served by authorized agents of the department or the guardian ad
litem. Except as otherwise required by this rule, the procedure for
issuance of a subpoena by an attorney of record in a proceeding
must be as provided in the Florida Rules of Civil Procedure.
(3) Service of Summons and Other Process to Persons
Residing in the State. The summons and other process must be
served on all parties other than the petitioner as required by law.
The summons and other process may be served by authorized
agents of the department or the guardian ad litem. A party may
consent to service by e-mail by providing a primary e-mail address
to the clerk.
(A) Service by publication is not required for
dependency hearings and is required only for service of summons in
a termination of parental rights proceeding for parents whose
identities are known but whose whereabouts cannot be determined
despite a diligent search. Service by publication in these
circumstances is considered valid service.
(B) The failure to serve a party or give notice to a
participant in a dependency hearing does not affect the validity of
an order of adjudication or disposition if the court finds that the
petitioner has completed a diligent search that failed to ascertain
the identity or location of that party.
(C) Appearance, either physically or by audio-
video communication technology, of any person in a hearing before
the court eliminates the requirement for serving process upon that
person.
(4) Service of Summons and Other Process to Persons
Residing Outside of the State in Dependency Proceedings.
(A) Service of the summons and other process on
parents, parties, participants, petitioners, or persons outside this
state must be in a manner reasonably calculated to give actual
notice, and may be made:
(i) by personal delivery outside this state in
a manner prescribed for service of process within this state;
(ii) in a manner prescribed by the law of the
place in which service is made for service of process in that place in
an action in any of its courts of general jurisdiction;
(iii) by any form of mail addressed to the
person to be served and requesting a receipt;
(iv) by e-mail if the person consented to
service by e-mail by providing a primary e-mail address to the clerk;
or
(v) as directed by the court.
Service by publication is not required for dependency
hearings.
(B) Notice under this rule must be served, mailed,
delivered, or last published at least 20 days before any hearing in
this state.
(C) Proof of service outside this state may be made
by affidavit of the person who made the service or in the manner
prescribed by the law of this state, the order under which the
service is made, or the law of the place in which the service is made.
If service is made by mail, proof may be in a receipt signed by the
addressee or other evidence of delivery to the addressee.
(D) Appearance, either physically or by audio-
video communication technology, of any person in a hearing before
the court eliminates the requirement for serving process upon that
person.
(5) Service of Persons on Active Military Duty in
Dependency Proceedings. In the case of a person on active military
duty, service completed under subdivision (a)(3) or (a)(4) of this rule
must be in compliance with state and federal laws.
(b) Diligent Search.
(1) Location Unknown. If the location of a parent is
unknown and that parent has not filed a permanent address
designation with the court, the petitioner must complete a diligent
search as required by law.
(2) Affidavit of Diligent Search. If the location of a
parent is unknown after the diligent search has been completed,
the petitioner shall file with the court an affidavit of diligent search
executed by the person who made the search and inquiry.
(3) Court Review of Affidavit. The court must review the
affidavit of diligent search and enter an order determining whether
the petitioner has completed a diligent search as required by law. In
termination of parental rights proceedings, the clerk must not
certify a notice of action until the court enters an order finding that
the petitioner has conducted a diligent search as required by law. In
a dependency proceeding, if the court finds that the petitioner has
conducted a diligent search, the court may proceed to grant the
requested relief of the petitioner as to the parent whose location is
unknown without further notice.
(4) Continuing Duty. After filing an affidavit of diligent
search in a dependency or termination of parental rights
proceeding, the petitioner, and, if the court requires, the
department, are under a continuing duty to search for and attempt
to serve the parent whose location is unknown until excused from
further diligent search by the court. The department must report on
the results of the continuing search at each court hearing until the
person is located or until further search is excused by the court.
(c) Identity of Parent Unknown.
(1) If the identity of a parent is unknown, and a petition
for dependency, shelter care, or termination of parental rights is
filed, the court must conduct the inquiry required by law. The
information required by law may be submitted to the court in the
form of a sworn affidavit executed by a person having personal
knowledge of the facts.
(2) If the court inquiry fails to identify any person as a
parent or prospective parent, the court shall so find and may
proceed to grant the requested relief of the petitioner as to the
unknown parent without further notice.
(d) Identity and Location Determined. If an inquiry or
diligent search identifies and locates any person who may be a
parent or prospective parent, the court must require that notice of
the hearing be provided to that person.
(e) Effect of Failure to Serve. Failure to serve parents
whose identity or residence is unknown does not affect the validity
of an order of adjudication or disposition if the court finds the
petitioner has completed a diligent search.
(f) Notice and Service of Pleadings and Papers.
(1) Notice of Arraignment Hearings in Dependency
Cases. Notice of the arraignment hearing must be served on all
parties with the summons and petition. The document containing
the notice to appear in a dependency arraignment hearing must
contain, in type at least as large as the balance of the document,
the following or substantially similar language: “FAILURE TO
APPEAR AT THE ARRAIGNMENT HEARING CONSTITUTES
CONSENT TO THE ADJUDICATION OF THIS CHILD (OR THESE
CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
THESE CHILDREN).” If the hearing will be held through
communication technology, the written notice must include
instructions for appearing at the hearing through communication
technology. Any preadoptive parents of the children and all
participants, including the child’s foster parents and relative
caregivers, must be notified of the arraignment hearing.
(2) Notice of Assessment of Child Support. Other than as
part of a disposition order, if the court, on its own motion or at the
request of any party, seeks to impose or enforce a child support
obligation on any parent, all parties and participants are entitled to
reasonable notice that child support will be addressed at a future
hearing.
(3) Notice of Hearings to Participants and Parties Whose
Identity or Address are Known. Any preadoptive parents, all
participants, including foster parents and relative caregivers, and
parties whose identity and address are known must be notified of
all proceedings and hearings, unless otherwise provided by law.
Notice involving emergency hearings must be that which is most
likely to result in actual notice. It is the duty of the petitioner or
moving party to notify any preadoptive parents, all participants,
including foster parents and relative caregivers, and parties known
to the petitioner or moving party of all hearings, except hearings
which must be noticed by the court. Additional notice is not
required if notice was provided to the parties in writing by the court
or is contained in prior court orders and those orders were provided
to the participant or party. All foster or preadoptive parents must be
provided at least 72 hours notice, verbally or in writing, of all
proceedings or hearings relating to children in their care or children
they are seeking to adopt to ensure the ability to provide input to
the court. This subdivision must not be construed to require that
any foster parent, preadoptive parent, or relative caregiver be made
a party to the proceedings solely on the basis of notice and a right
to be heard.
(4) Service of Pleadings, Orders, and Papers. Unless the
court orders otherwise, every pleading, order, and paper filed in the
action after the initial petition, must be served on each party or the
party’s attorney. Nothing in this rule requires that a plea be in
writing or that an application for witness subpoena be served.
(5) Method of Service. When service is required or
permitted to be made upon a party or participant represented by an
attorney, service must be made upon the attorney unless service
upon the party or participant is ordered by the court.
(A) Excusing of Service. Service is excused if the
identity or residence of the party or participant is unknown and a
diligent search for that person has been completed in accordance
with law.
(B) Service by Electronic Mail (“e-mail”). Service of
a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the
document in PDF format attached or (b) a link to the document on a
website maintained by a clerk.
(i) Service on Attorneys. Upon appearing in
a proceeding, an attorney must designate a primary e-mail address
and may designate no more than two secondary e-mail addresses to
which service must be directed in that proceeding. Every document
filed by an attorney thereafter must include the primary e-mail
address of that attorney and any secondary e-mail addresses. If an
attorney does not designate any e-mail address for service,
documents may be served on that attorney at the e-mail address on
record with The Florida Bar.
(ii) Exception to E-mail Service on Attorneys.
Service by an attorney on another attorney must be made by e-mail
unless the parties stipulate otherwise. Upon motion by an attorney
demonstrating that the attorney has no e-mail account and lacks
access to the Internet at the attorney’s office, the court may excuse
the attorney from the requirements of e-mail service. Service on and
by an attorney excused by the court from e-mail service must be by
the means provided in subdivision (c)(6) of this rule.
(iii) Service on and by Parties Not
Represented by an Attorney. Unless excused pursuant to
subdivision (f)(5)(B)(iv), any party not represented by an attorney
may serve a designation of a primary e-mail address and also may
designate no more than two secondary e-mail addresses to which
service must be directed in that proceeding.
(iv) Exceptions to E-mail Service on and by
Parties Not Represented by an Attorney.
a. A party who is in custody and who
is not represented by an attorney is excused from the requirements
of e-mail service.
b. The clerk of court must excuse a
party who is not represented by an attorney from the requirements
of e-mail service if the party declares on Florida Rule of General
Practice and Judicial Administration Form 2.601, under penalties of
perjury, that the party does not have an e-mail account or does not
have regular access to the Internet.
If a party not represented by an attorney is excused from e-
mail service, service on and by that party must be by the means
provided in subdivision (f)(6).
(v) Format of E-mail for Service. All
documents served by e-mail must be attached to an e-mail message
containing a subject line beginning with the words “SERVICE OF
COURT DOCUMENT” in all capital letters, followed by the case
number of the proceeding in which the documents are being served.
The body of the e-mail must identify the court in which the
proceeding is pending, the case number, the name of the initial
party on each side, the title of each document served with that e-
mail, and the sender’s name and telephone number. Any e-mail
which, together with its attachments, exceeds five megabytes (5MB)
in size, must be divided and sent as separate e-mails, numbered in
the subject line, no one of which may exceed 5MB in size.
(vi) Time of Service. Service by e-mail is
complete on the date sent and must be treated as service by mail
for the computation of time. If the sender learns that the e-mail did
not reach the address of the person to be served, the sender must
immediately send another copy by e-mail or by a means authorized
by subdivision (f)(6).
(6) Service by Other Means. In addition to, and not in
lieu of, service by e-mail, service may also be made upon attorneys
and parties not represented by an attorney by any of the means
specified in this subdivision. If a document is served by more than
one method of service, the computation of time for any response to
the served document must be based on the method of service that
provides the shortest response time. Service on and by all parties
and participants who are not represented by an attorney and who
are excused from e-mail service, and on and by all attorneys
excused from e-mail service, must be made by delivering a copy of
the document or by mailing it to the party or participant at their
permanent mailing address if one has been provided to the court or
to the party, participant, or attorney at their last known address or,
if no address is known, by leaving it with the clerk of the court.
Service by mail is complete upon mailing. Delivery of a copy within
this rule is complete upon:
(A) handing it to the attorney or to the party or
participant,
(B) leaving it at the attorney’s, party’s or
participant’s office with a clerk or other person in charge thereof,
(C) if there is no one in charge, leaving it in a
conspicuous place therein,
(D) if the office is closed or the person to be served
has no office, leaving it at the person’s usual place of abode with
some person of his or her family above 15 years of age and
informing such person of the contents, or
(E) transmitting it by facsimile to the attorney’s,
party’s, or participant’s office with a cover sheet containing the
sender’s name, firm, address, telephone number, and facsimile
number, and the number of pages transmitted. When service is
made by facsimile, a copy must also be served by any other method
permitted by this rule. Facsimile service occurs when transmission
is complete.
(F) Service by delivery is deemed complete on the
date of delivery.
(7) Filing. All documents must be filed with the court
either before service or immediately thereafter. If the original of any
bond or other document is required to be an original and is not
placed in the court file or deposited with the clerk, a certified copy
must be so placed by the clerk.
(8) Filing Defined. The filing of documents with the
court as required by these rules must be made by filing them with
the clerk, except that the judge may permit documents to be filed
with the judge, in which event the judge must note the filing date
before him or her on the documents and transmit them to the clerk.
The date of filing is that shown on the face of the document by the
judge’s notation or the clerk’s time stamp, whichever is earlier.
(9) Certificate of Service. When any attorney certifies in
substance:
“I certify that a copy hereof has been furnished to (here insert
name or names and addresses used for service) by (e-mail) (delivery)
(mail) (fax) on .....(date)…...
Attorney”
the certificate must be taken as prima facie proof of such service in
compliance with this rule.
(10) Service by Clerk. When the clerk is required to serve
notices and other documents, the clerk may do so by e-mail or by
another method permitted under subdivision (c). Service by a clerk
is not required to be by e-mail.
(11) Service of Orders.
(A) A copy of all orders or judgments must be
transmitted by the court or under its direction to all parties at the
time of entry of the order or judgment. No service need be made on
parties against whom a default has been entered except orders
setting an action for trial and final judgments that must be
prepared and served as provided in subdivision (c)(11)(B). The court
may require that orders or judgments be prepared by a party, may
require the party to furnish the court with stamped addressed
envelopes for service of the order or judgment, and may require that
proposed orders and judgments be furnished to all parties before
entry by the court of the order or judgment. The court may serve
any order or judgment by e-mail to all attorneys and parties not
represented by an attorney who have not been excused from e-mail
service.
(B) When a final judgment is entered against a
party in default, the court must mail a conformed copy of it to the
party. The party in whose favor the judgment is entered must
furnish the court with a copy of the judgment, unless it is prepared
by the court and with the address of the party to be served. If the
address is unknown, the copy need not be furnished.
(C) This subdivision is directory and a failure to
comply with it does not affect the order or judgment or its finality or
any proceedings arising in the action.
RULE 8.226 cases. DETERMINATION OF PARENTHOOD
(a) In General. The court must determine the identity of all
parents and prospective parents at the initial hearing in
proceedings under chapter 39, Florida Statutes, as provided by law.
Nothing in this rule prevents a parent or prospective parent from
pursuing remedies under chapter 742, Florida Statutes. The court
having jurisdiction over the dependency matter may conduct
proceedings under chapter 742, Florida Statutes, either as part of
the chapter 39, Florida Statutes, proceeding or in a separate action
under chapter 742, Florida Statutes.
(b) Appearance of Prospective Parent.
(1) If a prospective parent appears in the chapter 39,
Florida Statutes, proceeding, the court must advise the prospective
parent of the right to become a parent in the proceeding by
completing a sworn affidavit of parenthood and filing the affidavit
with the court or the department. This subdivision does not apply if
the court has identified both parents of the child as defined by law.
(2) If the prospective parent seeks to become a parent
in the chapter 39, Florida Statutes, proceeding, the prospective
parent must complete a sworn affidavit of parenthood and file the
affidavit with the court or the department. If a party objects to the
entry of the finding that the prospective parent is a parent in the
proceeding, or if the court on its own motion requires further
proceedings to determine parenthood, the court must not enter an
order finding parenthood until proceedings under chapter 742,
Florida Statutes, have been concluded. The prospective parent must
continue to receive notice of hearings as a participant pending the
proceedings under chapter 742, Florida Statutes. If no other party
objects and the court does not require further proceedings to
determine parenthood, the court must enter an order finding that
the prospective parent is a parent in the proceeding.
(3) If the prospective parent is uncertain about
parenthood and requests further proof of parenthood, or if there is
more than one prospective parent for the same child, the juvenile
court may conduct proceedings under chapter 742, Florida
Statutes, to determine parenthood. At the conclusion of the chapter
742, Florida Statutes, proceedings, the court must enter an order
determining parenthood.
(4) Provided that paternity has not otherwise been
established by operation of law or court order, at any time prior to
the court entering a finding that the prospective parent is the
parent in the proceeding, the prospective parent may complete and
file with the court or the department a sworn affidavit of
nonpaternity declaring that the prospective parent is not the parent
of the child and waiving all potential rights to the child and rights to
further notices of hearing and court filings in the proceeding.
(5) If the court has identified both parents of a child as
defined by law, the court mustl not recognize an alleged biological
parent as a parent in the proceeding until a court enters an order
pursuant to law establishing the alleged biological parent as a
parent in the proceeding.
RULE 8.230 cases. PLEADINGS TO BE SIGNED
(a) Pleading to Be Signed by Attorney. Every written
document or pleading of a party represented by an attorney shall be
signed in the attorney’s individual name by such attorney, whose
Florida Bar number, address, and telephone number, including
area code, shall be stated and who shall be duly licensed to practice
law in Florida. The attorney may be required by an order of court to
vouch for the authority to represent such party and to give the
address of such party. Except when otherwise specifically provided
by these rules or applicable statute, pleadings as such need not be
verified or accompanied by affidavit.
(b) Pleading to Be Signed by Unrepresented Party. A party
who has no attorney but who represents himself or herself shall
sign a written pleading or other document to be filed and state his
or her address and telephone number, including area code.
(c) Effect of Signing Pleading. The signature of a person
shall constitute a certificate that the document or pleading has
been read; that to the best of the person’s knowledge, information,
and belief there is good ground to support it; and that it is not
interposed for delay. If a pleading or document is not signed, or is
signed with intent to defeat the purpose of this rule, it may be
stricken and the action may proceed as though the pleading or
document had not been filed.
Committee Notes
1991 Amendment. The current rule implies that a written
pleading must be filed. No written pleadings are required.
1992 Amendments. (a) and (c) The language from (a) was
moved to create this new subdivision. The current rule only applies
to attorneys. These requirements also should apply to nonattorneys
who sign and file papers. This change conforms to proposed
changes for rules 8.085 and 8.640.
RULE 8.231 cases. PROVIDING COUNSEL TO DEPENDENT
CHILDREN WITH SPECIAL NEEDS WHO HAVE A
STATUTORY RIGHT TO COUNSEL
(a) Applicability. This rule applies to children for whom the
court must appoint counsel under section 39.01305, Florida
Statutes. This rule does not affect the court’s authority to appoint
counsel for any other child.
(b) Duty of Court. The court must appoint an attorney to
represent any child who has special needs as defined in section
39.01305, Florida Statutes, and who is subject to any proceeding
under chapter 39, Florida Statutes.
(c) Duties of Attorney. The attorney must provide the child
the complete range of legal services, from the removal from the
home or from the initial appointment through all available appellate
proceedings. With permission of the court, the attorney may
arrange for supplemental or separate counsel to represent the child
in appellate proceedings.
RULE 8.235 cases. MOTIONS
(a) Motions in General. An application to the court for an
order must be made by motion which must be in writing unless
made during a hearing; must be signed by the party making the
motion or by the party’s attorney; must state with particularity the
grounds therefor; and must set forth the relief or order sought. The
requirement of writing is fulfilled if the motion is stated in a written
notice of the hearing of the motion or in a written report to the
court for a scheduled hearing provided the notice or report are
served on the parties as required by law.
(b) Motion to Dismiss. Any party may file a motion to
dismiss any petition, allegation in the petition, or other pleading,
setting forth the grounds on which the motion is based. If a motion
to dismiss the petition is granted when a child is being sheltered
under an order, the child may be continued in shelter under
previous order of the court upon the representation that a new or
amended petition will be filed.
(c) Sworn Motion to Dismiss. Before the adjudicatory
hearing the court may entertain a motion to dismiss the petition or
allegations in the petition on the ground that there are no material
disputed facts and the undisputed facts do not establish a prima
facie case of dependency. The facts on which such motion is based
must be specifically alleged and the motion sworn to by the party.
The motion must be filed a reasonable time before the date of the
adjudicatory hearing. The opposing parties may traverse or demur
to this motion. Factual matters alleged in the motion must be
deemed admitted unless specifically denied by an opposing party in
a written traverse or demurrer. The motion must be denied if an
opposing party files a written traverse that with specificity denies
under oath the material fact or facts alleged in the motion to
dismiss. The traverse or demurrer must be filed a reasonable period
of time before the hearing on the motion to dismiss.
(d) Motion to Sever. A motion may be made for a severance
of 2 or more counts of a multi-count petition, or for the severance of
the cases of 2 or more children alleged to be dependent in the same
petition. The court may grant motions for severance of jointly-
brought cases for good cause shown.
Committee Notes
1992 Amendment. This rule allows any party to move for
dismissal based on the grounds that there are no material facts in
dispute and that these facts are not legally sufficient to prove
dependency.
RULE 8.240 cases. COMPUTATION, CONTINUANCE, EXTENSION,
AND ENLARGEMENT OF TIME
(a) Computation. Computation of time is governed by
Florida Rule of General Practice and Judicial Administration 2.514,
except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) does
not apply and the statutory time period governs.
(b) Enlargement of Time. When by these rules, by a notice
given under them, or by order of a court an act is required or
allowed to be done at or within a specified time, the court for good
cause shown, within the limits established by law, and subject to
the provisions of subdivision (d) of this rule, may, at any time, in its
discretion (1) with or without notice, order the period enlarged if a
request is made before the expiration of the period originally
prescribed or as extended by a previous order, or (2) on motion
made and notice after the expiration of the specified period permit
the act to be done when the failure to act was the result of
excusable neglect. The court may not, except as provided by law or
elsewhere in these rules, extend the time for making a motion for
new trial, for rehearing, or vacation of judgment, or for taking an
appeal. This rule does not apply to shelter hearings.
(c) Time for Service of Motions and Notice of Hearing. A
copy of any written motion that may not be heard ex parte and a
copy of the notice of hearing must be served a reasonable time
before the time specified for the hearing.
(d) Continuances and Extensions of Time.
(1) A motion for continuance, extension, or waiver of
the time standards provided by law and found in this rule must be
in writing and signed by the requesting party. On a showing of good
cause, the court must allow a motion for continuance or extension
to be made ore tenus at any time during the proceedings.
(2) A motion for continuance, extension, or waiver of
the time standards provided by law must not be made in advance of
the particular circumstance or need that would warrant delay of the
proceedings.
(3) A motion for continuance, extension, or waiver of
the time standards provided by law must state all of the facts that
the movant contends entitle the movant to a continuance,
extension, or waiver of time including:
(A) the task that must be completed by the
movant to preserve the rights of a party or the best interests of the
child who is the subject of the proceedings;
(B) the minimum number of days absolutely
necessary to complete this task; and
(C) the total number of days the proceedings have
been continued at the request of any party within any 12-month
period.
(4) These time limitations do not include the following:
(A) Periods of delay resulting from a continuance
granted at the request of the child’s counsel, guardian ad litem, or
attorney ad litem.
(B) Periods of delay because of unavailability of
evidence that is material to the case if the requesting party has
exercised due diligence to obtain the evidence and there are
substantial grounds to believe that the evidence will be available
within 30 days. However, if the requesting party is not prepared to
proceed within 30 days, any other party may move for issuance of
an order to show cause or the court on its own motion may impose
appropriate sanctions, which may include dismissal of the petition.
(C) Periods of delay to allow the requesting party
additional time to prepare the case and additional time is justified
because of an exceptional circumstance.
(D) Reasonable periods of delay necessary to
accomplish notice of the hearing to the parent or legal custodian.
(5) Notwithstanding subdivision (4), proceedings may
not be continued or extended for more than a total of 60 days
within any 12-month period. A continuance or extension of time
standards beyond 60 days in any 12-month period may be granted
only on a finding by the court of extraordinary circumstances and
that the continuance or extension of time standards is necessary to
preserve the constitutional rights of a party or that there is
substantial evidence demonstrating that the child’s best interests
will be affirmatively harmed without the granting of a continuance
or extension of time.
RULE 8.245 cases. DISCOVERY
(a) Scope of Discovery. Unless otherwise limited by the
court in accordance with these rules, the scope of discovery is as
follows:
(1) In General. Parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of
the pending action, whether it relates to the claim or defense of the
party seeking discovery or the claim or defense of any other party,
including the existence, description, nature, custody, condition, and
location of any books, documents, or other tangible things, whether
stored in a paper or electronic format, and the identity and location
of persons having knowledge of any discoverable matter. It is not
ground for objection that the information sought will be
inadmissible at the hearing if the information sought appears
reasonably calculated to lead to the discovery of admissible
evidence.
(2) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party must
make the claim expressly and describe the nature of the document,
communications, or things not produced or disclosed in a manner
that, without revealing information itself privileged or protected, will
allow other parties to assess the applicability of the privilege or
protection.
(b) Required Disclosure.
(1) At any time after the filing of a shelter petition, a
petition alleging a child to be a dependent child, or a petition for
termination of parental rights, on written demand of any party, the
party to whom the demand is directed must disclose and permit
inspecting, copying, testing, or photographing matters material to
the cause. If the child had no living parent with intact parental
rights at the time the dependency allegations arose, then the person
who was serving as the legal custodian of the child at that time is
entitled to obtain discovery during the pendency of a shelter or
dependency petition.
(2) The following information must be disclosed by any
party on demand:
(A) The names and addresses of all persons
known to have information relevant to the proof or defense of the
petition’s allegations.
(B) The statement of any person furnished in
compliance with the preceding paragraph. The term “statement”
means a written statement made by this person and signed or
otherwise adopted or approved by the person, or a stenographic,
mechanical, electronic, or other recording, or a transcript of it, or
that is a substantially verbatim recital of an oral statement made by
this person to an officer or agent of the state and recorded
contemporaneously with the making of the oral statement. The
court may prohibit any party from introducing in evidence the
material not disclosed, to secure and maintain fairness in the just
determination of the cause.
(C) Any written or recorded statement and the
substance of any oral statement made by the demanding party or a
person alleged to be involved in the same transaction. If the number
of oral statements made to any person are so numerous that, as a
practical matter, it would be impossible to list the substance of all
the oral statements, then the party to whom the demand is directed
will disclose that person’s identity and the fact that this person has
knowledge of numerous statements. This disclosure will allow the
demanding party to depose that person.
(D) Tangible papers or objects belonging to the
demanding party that are to be used at the adjudicatory hearing.
(E) Reports or statements of experts, including
results of physical or mental examinations and of scientific tests,
experiments, or comparisons.
(3) The disclosures required by subdivision (b) of this
rule must be made within 10 days from the receipt of the demand
for them. Disclosure may be made by allowing the requesting party
to review the files of the party from whom discovery is requested
after redaction of nondiscoverable information.
(c) Limitations on Disclosure.
(1) On application, the court may deny or partially
restrict disclosure authorized by this rule if it finds there is a
substantial risk to any person of physical harm, intimidation,
bribery, economic reprisals, or unnecessary annoyance or
embarrassment resulting from the disclosure, that outweighs any
usefulness of the disclosure to the party requesting it.
(2) Disclosure must not be required of legal research or
of records, correspondence, or memoranda, to the extent that they
contain the opinion, theories, or conclusions of the parties’
attorneys or members of their legal staff.
(d) Production of Documents and Things for Inspection
and Other Purposes.
(1) Request; Scope. Any party may request any other
party
(A) to produce and permit the party making the
request, or someone acting on the requesting party’s behalf, to
inspect and copy any designated documents, including writings,
drawings, graphs, charts, photographs, phono-records, and other
data compilations from which information can be obtained,
translated, if necessary, whether stored in paper or electronic
format, by the party to whom the request is directed through
detection devices into reasonably usable form, that constitute or
contain matters within the scope of subdivision (a) and that are in
the possession, custody, or control of the party to whom the request
is directed; and
(B) to inspect and copy, test, or sample any
tangible things that constitute or contain matters within the scope
of subdivision (a) and that are in the possession, custody, or control
of the party to whom the request is directed.
(2) Procedure. Without leave of court the request may
be served on the petitioner after commencement of proceedings and
on any other party with or after service of the summons and initial
petition on that party. The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the
inspection or performing the related acts. The party to whom the
request is directed must serve a written response within 15 days
after service of the request, except that a respondent may serve a
response within 30 days after service of the process and initial
pleading on that respondent. The court may allow a shorter or
longer time. For each item or category the response must state that
inspection and related activities will be permitted as requested
unless the request is objected to, in which event the reasons for the
objection must be stated. If an objection is made to part of an item
or category, the part must be specified. When producing
documents, the producing party must either produce them as they
are kept in the usual course of business or must identify them to
correspond with the categories in the request. The party submitting
the request may move for an order under subdivision (k) concerning
any objection, failure to respond to the request, or any part of it, or
failure to permit inspection as requested.
(3) Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things.
(4) Filing of Documents. Unless required by the court, a
party must not file any of the documents or things produced with
the response. Documents or things may be filed only when they
should be considered by the court in determining a matter pending
before the court.
(e) Production of Documents and Things Without
Deposition.
(1) Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of subdivision
(d)(1) from a person who is not a party by issuance of a subpoena
directing the production of the documents or things when the
requesting party does not seek to depose the custodian or other
person in possession of the documents or things.
(2) Procedure. A party desiring production under this
rule must serve notice on every other party of the intent to serve a
subpoena under this rule at least 10 days before the subpoena is
issued if service is by delivery or email and 15 days before the
subpoena is issued if service is by mail. The proposed subpoena
must be attached to the notice and must state the time, place, and
method for production of the documents or things, and the name
and address of the person who is to produce the documents or
things, if known, and if not known, a general description sufficient
to identify the person or the particular class or group to which the
person belongs; must include a designation of the items to be
produced; and must state that the person who will be asked to
produce the documents or things has the right to object to the
production under this rule and that the person will not be required
to surrender the documents or things. A copy of the notice and
proposed subpoena must not be furnished to the person on whom
the subpoena is to be served. If any party serves an objection to
production under this rule within 10 days of service of the notice,
the documents or things must not be produced under this rule and
relief may be obtained under subdivision (g).
(3) Subpoena. If no objection is made by a party under
subdivision (e)(2), an attorney of record in the action may issue a
subpoena or the party desiring production must deliver to the clerk
for issuance a subpoena and a certificate of counsel or pro se party
that no timely objection has been received from any party. The clerk
must issue the subpoena and deliver it to the party desiring
production. The subpoena must be identical to the copy attached to
the notice, must specify that no testimony may be taken, and must
require only production of the documents or things specified in it.
The subpoena may give the recipient an option to deliver or mail
legible copies of the documents or things to the party serving the
subpoena. The person on whom the subpoena is served may
condition the preparation of copies on the payment in advance of
the reasonable costs of preparing the copies. The subpoena must
require production only in the county of the residence of the
custodian or other person in possession of the documents or things
or in the county where the documents or things are located or
where the custodian or person in possession usually conducts
business. If the person on whom the subpoena is served objects at
any time before the production of the documents or things, the
documents or things must not be produced under this rule, and
relief may be obtained under subdivision (g).
(4) Copies Furnished. If the subpoena is complied with
by delivery or mailing of copies as provided in subdivision (e)(3), the
party receiving the copies must furnish a legible copy of each item
furnished to any other party who requests it on the payment of the
reasonable cost of preparing the copies.
(5) Independent Action. This rule does not affect the
right of any party to bring an independent action for production of
documents and things.
(f) Protective Orders. On motion by a party or by the
person from whom discovery is sought, and for good cause shown,
the court in which the action is pending may make any order to
protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense that justice requires,
including one or more of the following:
(1) that the discovery not be had;
(2) that the discovery may be had only on specified
terms and conditions, including a designation of the time or place;
(3) that the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;
(4) that certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;
(5) that discovery be conducted with no one present
except persons designated by the court;
(6) that a deposition after being sealed be opened only
by order of the court;
(7) that confidential research or information not be
disclosed or be disclosed only in a designated way; and
(8) that the parties simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court.
If the motion for a protective order is denied in whole or in
part, the court may, on such terms and conditions as are just,
order that any party or person provide or permit discovery.
(g) Depositions.
(1) Time and Place.
(A) At any time after the filing of the petition
alleging a child to be dependent or a petition for termination of
parental rights, any party may take the deposition on oral
examination of any person who may have information relevant to
the allegations of the petition.
(B) The deposition must be taken in a building in
which the adjudicatory hearing may be held, in another place
agreed on by the parties, or where the trial court may designate by
special or general order. A resident of the state may be required to
attend an examination only in the county in which he or she
resides, is employed, or regularly transacts business in person.
(2) Procedure.
(A) The party taking the deposition must give
written notice to each other party. The notice must state the time
and place the deposition is to be taken and the name of each person
to be examined.
(B) Subpoenas for taking depositions must be
issued by the clerk of the court, the court, or any attorney of record
for a party.
(C) After notice to the parties the court, for good
cause shown, may extend or shorten the time and may change the
place of taking.
(D) Except as otherwise provided by this rule, the
procedure for taking the deposition, including the scope of the
examination and obtaining protective orders, must be the same as
that provided by the Florida Rules of Civil Procedure.
(3) Use of Deposition. Any deposition taken under this
rule may be used at any hearing covered by these rules by any
party for the following purposes:
(A) For the purpose of impeaching the testimony
of the deponent as a witness.
(B) For testimonial evidence, when the deponent,
whether or not a party, is unavailable to testify because of one or
more of the following reasons:
(i) He or she is dead.
(ii) He or she is at a greater distance than
100 miles from the place of hearing or is out of the state, unless it
appears that the absence of the witness was procured by the party
offering the deposition.
(iii) The party offering the deposition has
been unable to procure the attendance of the witness by subpoena.
(iv) He or she is unable to attend or testify
because of age, illness, infirmity, or imprisonment.
(v) It has been shown on application and
notice that such exceptional circumstances exist as to make it
desirable, in the interest of justice and with due regard to the
importance of presenting the testimony of witnesses orally in open
court, to allow the deposition to be used.
(vi) The witness is an expert or skilled
witness.
(4) Use of Part of Deposition. If only part of a deposition
is offered in evidence by a party, an adverse party may require the
party to introduce any other part that in fairness ought to be
considered with the part introduced, and any party may introduce
any other parts.
(5) Refusal to Obey Subpoena. A person who refuses to
obey a subpoena served on the person for the taking of a deposition
may be adjudged in contempt of the court from which the subpoena
issued.
(6) Limitations on Use. Except as provided in
subdivision (3), no deposition must be used or read in evidence
when the attendance of the witness can be procured. If it appears to
the court that any person whose deposition has been taken has
absented himself or herself by procurement, inducements, or
threats by or on behalf of any party, the deposition must not be
read in evidence on behalf of that party.
(h) Perpetuating Testimony Before Action or Pending
Appeal.
(1) Before Action.
(A) Petition. A person who desires to perpetuate
the person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition must be titled in the name
of the petitioner and must show:
(i) that the petitioner expects to be a party
to an action cognizable in a court of Florida, but is presently unable
to bring it or cause it to be brought;
(ii) the subject matter of the expected action
and the person’s interest in it;
(iii) the facts that the person desires to
establish by the proposed testimony and the reasons for desiring to
perpetuate it;
(iv) the names or a description of the persons
expected to be adverse parties and their names and addresses so
far as known; and
(v) the names and addresses of the persons
to be examined and the substance of the testimony expected to be
elicited from each and asking for an order authorizing the petitioner
to take the deposition of the persons to be examined named in the
petition for the purpose of perpetuating their testimony.
(B) Notice and Service. The petitioner must serve a
notice on each person named in the petition as an expected adverse
party, with a copy of the petition, stating that the petitioner will
apply to the court at a time and place in the notice for an order
described in the petition. At least 20 days before the date of the
hearing, the notice must be served either within or without the
county in the manner provided by law for serving of summons.
However, if service cannot with due diligence be made on any
expected adverse party named in the petition, the court may order
service by publication or otherwise and must appoint an attorney
for persons not served in the manner provided by law for service of
summons. The attorney must represent the adverse party and, if he
or she is not otherwise represented, must cross-examine the
deponent.
(C) Order and Examination. If the court is
satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it must make an order designating or
describing the persons whose depositions may be taken and
specifying the subject matter of the examination and whether the
deposition must be taken on oral examination or written
interrogatories. The deposition may then be taken in accordance
with these rules and the court may make orders in accordance with
the requirements of these rules. For the purpose of applying these
rules to depositions for perpetuating testimony, each reference in
them to the court in which the action is pending must be deemed to
refer to the court in which the petition for the deposition was filed.
(D) Use of Deposition. If a deposition to perpetuate
testimony is taken under these rules, it may be used in any action
involving the same subject matter subsequently brought in any
court of Florida in accordance with the provisions of subdivision
(g)(3).
(2) Pending Appeal. If an appeal has been taken from a
judgment of any court or before the taking of an appeal if the time
for it has not expired, the court in which the judgment was
rendered may allow the taking of the depositions of witnesses to
perpetuate their testimony for use in further proceedings in the
court. In such case, the party who desires to perpetuate the
testimony may move for leave to take the deposition on the same
notice and service as if the action were pending in the court. The
motion must show the names and addresses of persons to be
examined, the substance of the testimony expected to be elicited
from each, and the reasons for perpetuating the testimony. If the
court finds that the perpetuation is proper to avoid a failure or
delay in justice, it may make orders as provided for by this rule and
the deposition may then be taken and used in the same manner
and under the same conditions as are prescribed in these rules for
depositions taken in actions pending in the court.
(3) Perpetuation Action. This rule does not limit the
power of a court to entertain an action to perpetuate testimony.
(i) Rules Governing Depositions of Children Under 18.
(1) The taking of a deposition of a child witness or
victim under the age of 18 may be limited or precluded by the court
for good cause shown.
(2) The court after proper notice to all parties and an
evidentiary hearing, based on good cause shown, may set
conditions for the deposition of a child under the age of 18
including:
(A) designating the place of the deposition;
(B) designating the length of time of the
deposition;
(C) permitting or prohibiting the attendance of any
person at the deposition;
(D) requiring the submission of questions before
the examination;
(E) choosing a skilled interviewer to pose the
questions;
(F) limiting the number or scope of the questions
to be asked; or
(G) imposing any other conditions the court feels
are necessary for the protection of the child.
(3) Good cause is shown based on, but not limited to,
one or more of the following considerations:
(A) The age of the child.
(B) The nature of the allegations.
(C) The relationship between the child victim and
the alleged abuser or the relationship of the child to the parties in
the case.
(D) The child has undergone previous interviews
for the purposes of criminal or civil proceedings that were recorded
either by videotape or some other manner of recording and the
requesting party has access to the recording.
(E) The examination would adversely affect the
child.
(F) The manifest best interests of the child require
the limitations or restrictions.
(4) The court, in its discretion, may order the
consolidation of the taking of depositions of a child under the age of
18 when the child is the victim or witness in a pending proceeding
arising from similar facts or circumstances.
(j) Supplemental Discovery. If, subsequent to compliance
with these rules, a party discovers additional witnesses, evidence,
or material that the party would have been under a duty to disclose
or produce at the time of the previous compliance, the party must
promptly disclose or produce such witnesses, evidence, or material
in the same manner as required under these rules for initial
discovery.
(k) Sanctions.
(1) If at any time during the course of the proceedings,
it is brought to the attention of the court that a party has failed to
comply with an applicable discovery rule or with an order issued
under an applicable discovery rule, the court may:
(A) order the party to comply with the discovery or
inspection of materials not previously disclosed or produced;
(B) grant a continuance;
(C) order a new hearing;
(D) prohibit the party from calling a witness not
disclosed or introducing in evidence the material not disclosed; or
(E) enter an order that it deems just under the
circumstances.
(2) Willful violation by counsel of an applicable
discovery rule or an order issued under it may subject counsel to
appropriate sanction by the court.
Committee Notes
1991 Amendment. (a)(1) Termination of parental rights
proceedings have been added to discovery procedures.
RULE 8.250 cases. EXAMINATIONS, EVALUATION, AND
TREATMENT
(a) Child. Mental or physical examination of a child may be
obtained as provided by law.
(b) Parent, Legal Custodian, or Other Person who has
Custody or is Requesting Custody.
(1) Pre-Dependency Adjudication.
(A) Physical or Mental Examination. Before a
dependency adjudication, if the mental or physical condition,
including the blood group, of a parent, legal custodian, or other
person who has custody or is requesting custody of a child is in
controversy, any party may request the court to order the person to
submit to a physical or mental examination by a qualified
professional on a showing of good cause.
(B) Substance Abuse Assessment or Evaluation.
Before a dependency adjudication, the court may order a person
who has custody or is requesting custody of the child to submit to a
substance abuse assessment or evaluation by a qualified
professional on a showing of good cause.
(2) Post-Dependency Adjudication.
(A) Physical or Mental Examination. After a
dependency adjudication, the court, on request of any party, may
require the person who has custody or who is requesting custody of
the child to submit to a physical or mental health examination. The
order may be made only on good cause shown. The mental health
examination must be administered by a qualified professional as
defined by law. The court may also require such person to
participate in and comply with treatment and services identified as
necessary, including, when appropriate and available, participation
in and compliance with a mental health court program established
by law.
(B) Substance Abuse Assessment or Evaluation.
After a dependency adjudication, the court, on request of any party,
may require the person who has custody or who is requesting
custody of the child to submit to a substance abuse assessment or
evaluation. The order may be made only on good cause shown. The
substance abuse assessment or evaluation must be administered
by a qualified professional as defined by law. The court may also
require such person to participate in and comply with treatment
and services identified as necessary, including, when appropriate
and available, participation in and compliance with a treatment-
based drug court program established by law. Adjudication of a
child as dependent based on evidence of harm as defined by law
demonstrates good cause, and the court must require the parent
whose actions caused the harm to submit to a substance abuse
disorder assessment or evaluation and to participate and comply
with treatment and services identified in the assessment or
evaluation as being necessary.
(3) Notice. The order may be made only after
notice to the person to be examined, assessed, or evaluated, and to
all parties and must specify the time, place, manner, conditions,
and scope of the examination, assessment, or evaluation and the
person or persons by whom it is to be made.
(4) Hearing to Quash. The person whose
examination, assessment, or evaluation is requested may request a
hearing seeking to quash the request after receiving notice of the
request. Any written or oral motion must advise the person whose
examination, assessment, or evaluation is sought of the person’s
right to request a hearing seeking to quash the request.
(5) Court’s Own Motion. The court may, on its own
motion and after notice, order a parent, legal custodian, or other
person who has custody or is requesting custody to undergo a
physical or mental examination or a substance abuse evaluation, or
assessment, treatment, or counseling activities as authorized by law
and this rule.
Committee Notes
1991 Amendment. This rule allows any party to request an
evaluation but provides a mechanism for a hearing to quash the
request.
RULE 8.255 cases. GENERAL PROVISIONS FOR HEARINGS
(a) Presence of Counsel. The department must be
represented by an attorney at every stage of these proceedings.
(b) Presence of Child.
(1) The child has a right to be present at all hearings.
(2) If the child is present at the hearing, the court may
excuse the child from any portion of the hearing when the court
determines that it would not be in the child’s best interest to
remain.
(3) If a child is not present at a hearing, the court must
inquire and determine the reason for the absence of the child. The
court must determine whether it is in the best interest of the child
to conduct the hearing without the presence of the child or to
continue the hearing to provide the child an opportunity to be
present at the hearing.
(4) Any party may file a motion to require or excuse the
presence of the child.
(c) Separate Examinations. The child and the parents,
caregivers, or legal custodians of the child may be examined
separately and apart from each other.
(d) Examination of Child; Special Protections.
(1) Testimony by Child. A child may be called to testify
in open court by any party to the proceeding or the court, and may
be examined or cross-examined.
(2) In-Camera Examination.
(A) On motion and hearing, the child may be
examined by the court outside the presence of other parties as
provided by law. The court must assure that proceedings are
recorded, unless otherwise stipulated by the parties.
(B) The motion may be filed by any party or the
trial court on its own motion.
(C) The court shall make specific written findings
of fact, on the record, as to the basis for its ruling. These findings
may include but are not limited to:
(i) the age of the child;
(ii) the nature of the allegation;
(iii) the relationship between the child and
the alleged abuser or the relationship of the child to the parties in
the case;
(iv) the likelihood that the child would suffer
emotional or mental harm if required to testify in open court;
(v) whether the child’s testimony is more
likely to be truthful if given outside the presence of other parties;
(vi) whether cross-examination would
adversely affect the child; and
(vii) the manifest best interest of the child.
(D) The child may be called to testify by means of
closed-circuit television or by videotaping as provided by law.
(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.
(1) Evidentiary proceedings must be conducted in
person unless the parties agree that a proceeding should be
conducted remotely or conducted in a hybrid format, or the court
orders it upon good cause shown.
(2) All other proceedings may be conducted remotely or
in a hybrid format upon agreement of the parties or by court order
unless good cause is otherwise shown.
(3) The court may consider the following factors in
determining whether good cause exists:
(A) the consent of the parties;
(B) the time-sensitivity of the matter;
(C) the nature of the relief sought;
(D) the resources of the parties and the court;
(E) the anticipated duration of the testimony;
(F) the need and ability to review and identify
documents during testimony;
(G) the probative value of the testimony;
(H) the geographic location of the witnesses;
(I) the cost and inconvenience in requiring the
physical presence of the witnesses;
(J) the need for confrontation of the witnesses;
(K) the need to observe the demeanor of the
witnesses;
(L) the potential for unfair surprise; and
(M) any other matter relevant to the request.
(4) A party who participates in a hearing conducted
remotely or conducted in a hybrid format must be given the
opportunity to privately and confidentially communicate with
counsel during the proceedings.
(f) Taking Testimony.
(1) Testimony at a Hearing or Trial. When testifying at a
hearing or trial, a witness must be physically present unless
otherwise provided by law or these rules. This rule does not apply to
statutory requirements for parents to appear at arraignment
hearings, advisory hearings, and adjudicatory hearings.
(2) Communication Technology. The court may permit a
witness to testify at a hearing or trial by communication technology:
(A) when the proceeding is conducted remotely or
conducted in a hybrid fashion as permitted by this rule;
(B) by agreement of the parties; or
(C) for good cause shown upon written or oral
request of a party. The request must contain an estimate of the
length of the proposed testimony. In considering sufficient good
cause, the court may weigh and address in its order or its ruling on
the record the reasons stated for testimony by communication
technology against the potential for prejudice to the objecting party.
(3) Oath. Testimony may be taken through audio
communication technology only if a notary public or other person
authorized to administer oaths in the witness’s jurisdiction is
physically present with the witness and administers the oath
consistent with the laws of the jurisdiction. If testimony is provided
at the hearing via audio-video communication technology, the
witness may also be sworn remotely using such audio-video
communication technology by a person who is qualified and
administers the oath consistent with the laws of the witness’s
jurisdiction or Florida. The oath procedures of this subdivision are
not required for hearings where, by law, the court may consider any
evidence to the extent of its probative value even though not
competent in an adjudicatory hearing and where the parties and
the court agree to waive these oath procedures.
(g) Invoking the Rule. Before the examination of any
witness the court may, and on the request of any party must,
exclude all other witnesses. The court may cause witnesses to be
kept separate and to be prevented from communicating with each
other until all are examined.
(h) Continuances. As permitted by law, the court may grant
a continuance before or during a hearing for good cause shown by
any party.
(i) Record. A record of the testimony in all hearings must be
made by an official court reporter, a court-approved stenographer,
or a recording device. The records of testimony must be preserved
as required by law. Official records of testimony must be
transcribed only on order of the court.
(j) Notice. When these rules do not require a specific notice,
all parties will be given reasonable notice of any hearing. A party
may consent to notice by e-mail by providing a primary e-mail
address to the clerk.
(k) Written Notice. The court must provide written notice of
the right to participate in a private adoption plan, under chapter
63, Florida Statutes, when required by law.
Committee Notes
1991 Amendment. (b) This change allows a child to be
present instead of mandating the child’s presence when the child’s
presence would not be in his or her best interest. The court is given
the discretion to determine the need for the child to be present.
1992 Amendment. This change was made to reflect a
moderated standard for in-camera examination of a child less rigid
than the criminal law standard adopted by the committee in the
1991 rule revisions.
2005 Amendment. Subdivision (i) was deleted because
provisions for general masters were transferred to rule 8.257.
RULE 8.257 cases. GENERAL MAGISTRATES
(a) Appointment. Judges of the circuit court may appoint as
many general magistrates from among the members of The Florida
Bar in the circuit as the judges find necessary, and the general
magistrates shall continue in office until removed by the court. The
order of appointment must be recorded. Every person appointed as
a general magistrate must take the oath required of officers by the
Constitution and the oath must be recorded before the magistrate
discharges any duties of that office.
(b) Referral.
(1) Consent. No matter shall be heard by a general
magistrate without an appropriate order of referral and the consent
to the referral of all parties. Consent, as defined in this rule, to a
specific referral, once given, cannot be withdrawn without good
cause shown before the hearing on the merits of the matter
referred. Consent may be express or implied in accordance with the
requirements of this rule.
(2) Objection. A written objection to the referral to a
general magistrate must be filed within 10 days of the service of the
order of referral. If the time set for the hearing is less than 10 days
after service of the order of referral, the objection must be filed
before commencement of the hearing. Failure to file a written
objection within the applicable time period is deemed to be consent
to the order of referral.
(3) Order.
(A) The order of referral shall contain the following
language in bold type:
A REFERRAL TO A GENERAL MAGISTRATE
REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE
ENTITLED TO HAVE THIS MATTER HEARD BEFORE
A JUDGE. IF YOU DO NOT WANT TO HAVE THIS
MATTER HEARD BEFORE THE GENERAL
MAGISTRATE, YOU MUST FILE A WRITTEN
OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF
THE TIME OF SERVICE OF THIS ORDER. IF THE
TIME SET FOR THE HEARING IS LESS THAN 10 DAYS
AFTER THE SERVICE OF THIS ORDER, THE
OBJECTION MUST BE MADE BEFORE THE HEARING.
FAILURE TO FILE A WRITTEN OBJECTION WITHIN
THE APPLICABLE TIME PERIOD IS DEEMED TO BE A
CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS
MADE BY THE GENERAL MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN FLORIDA RULE OF
JUVENILE PROCEDURE 8.257(f). A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS,
ELECTRONIC RECORDING OF PROCEEDINGS, OR
STIPULATION BY THE PARTIES OF THE EVIDENCE
CONSIDERED BY THE GENERAL MAGISTRATE AT
THE PROCEEDINGS, WILL BE REQUIRED TO
SUPPORT THE EXCEPTIONS.
(B) The order of referral must state with specificity
the matter or matters being referred. The order of referral must also
state whether electronic recording or a court reporter is provided by
the court.
(4) Setting Hearing. When a referral is made to a
general magistrate, any party or the general magistrate may set the
action for hearing.
(c) General Powers and Duties. Every general magistrate
must perform all of the duties that pertain to the office according to
the practice in chancery and rules of court and under the direction
of the court. A general magistrate shall be empowered to administer
oaths and conduct hearings, which may include the taking of
evidence. All grounds for disqualification of a judge shall apply to
general magistrates.
(d) Hearings.
(1) The general magistrate must assign a time and
place for proceedings as soon as reasonably possible after the
referral is made and give notice to each of the parties either directly
or by directing counsel to file and serve a notice of hearing. If any
party fails to appear, the general magistrate may proceed ex parte
or may adjourn the proceeding to a future day, giving notice of the
adjournment to the absent party. The general magistrate must
proceed with reasonable diligence in every referral and with the
least delay practicable. Any party may apply to the court for an
order to the general magistrate to speed the proceedings and to
make the report and to certify to the court the reason for any delay.
(2) The general magistrate must take testimony and
establish a record which may be by electronic means as provided by
Florida Rule of General Practice and Judicial Administration
2.535(g)(3) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate shall have authority to
examine under oath the parties and all witnesses on all matters
contained in the referral, to require production of all books, papers,
writings, vouchers, and other documents applicable to it, and to
examine on oath orally all witnesses produced by the parties. The
general magistrate may take all actions concerning evidence that
can be taken by the circuit court and in the same manner. The
general magistrate shall have the same powers as a circuit judge to
use communication technology as defined and regulated by Florida
Rules of Juvenile Procedure 8.001 and 8.002.
(4) The notice or order setting a matter for hearing
must state whether electronic recording or a court reporter is
provided by the court. If the court provides electronic recording, the
notice must also state that any party may provide a court reporter
at that party’s expense, subject to the court’s approval.
(e) Report.
(1) The general magistrate must file a report that
includes findings of fact, conclusions of law, and recommendations
and serve copies on all parties. If a court reporter was present, the
report must contain the name and address of the reporter.
(2) The report and recommendations must contain the
following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
REPORT AND RECOMMENDATIONS MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE
EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE
REPORT AND RECOMMENDATIONS IN ACCORDANCE
WITH FLORIDA RULE OF JUVENILE PROCEDURE
8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE
COURT WITH A RECORD SUFFICIENT TO SUPPORT
YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF
THE REPORT AND RECOMMENDATIONS OR YOUR
EXCEPTIONS WILL BE DENIED. A RECORD
ORDINARILY INCLUDES A TRANSCRIPT OF
PROCEEDINGS, ELECTRONIC RECORDING OF
PROCEEDINGS, OR STIPULATION BY THE PARTIES
OF THE EVIDENCE CONSIDERED BY THE GENERAL
MAGISTRATE AT THE PROCEEDINGS. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(f) Exceptions. The parties may file exceptions to the report
within 10 days from the time it is served on them. Any party may
file cross-exceptions within 5 days from the service of the
exceptions. However, the filing of cross-exceptions must not delay
the hearing on the exceptions unless good cause is shown. If no
exceptions are filed within that period, the court must take
appropriate action on the report. If exceptions are filed, they must
be heard on reasonable notice by either party or the court.
(g) Record.
(1) For the purpose of the hearing on exceptions, a
record, substantially in conformity with this rule, must be provided
to the court by the party seeking review. The record shall consist of:
(A) the court file;
(B) all depositions and evidence presented to the
general magistrate; and
(C) the transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings.
(2) The transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings, if
any, must be delivered to the judge and provided to all other parties
not less than 48 hours before the hearing on exceptions.
(3) If less than a full transcript or electronic recording
of the proceedings taken before the general magistrate is ordered
prepared by the excepting party, that party must promptly file a
notice setting forth the portions of the transcript or electronic
recording that have been ordered. The responding party must be
permitted to designate any additional portions of the transcript or
electronic recording necessary to the adjudication of the issues
raised in the exceptions or cross-exceptions.
(4) The cost of the original and all copies of the
transcript or electronic recording of the proceedings shall be borne
initially by the party seeking review. Should any portion of the
transcript or electronic recording be required as a result of a
designation filed by the responding party, the party making the
designation shall bear the initial cost of the additional transcript or
electronic recording.
(h) Prohibition on Magistrate Presiding over Certain
Hearings. Notwithstanding the provisions of this rule, a general
magistrate must not preside over a shelter hearing under section
39.402, Florida Statutes, an adjudicatory hearing under section
39.507, Florida Statutes, or an adjudicatory hearing under section
39.809, Florida Statutes.
RULE 8.260 cases. ORDERS
(a) General Requirements. All orders of the court must be
reduced to writing as soon as possible after they are entered,
consistent with orderly procedure, and contain specific findings of
fact and conclusions of law signed by the judge as provided by law.
(b) Transmittal to Parties. A copy of all orders must be
transmitted to all parties either by the court or under its direction,
at the time of the rendition of the order.
(c) Other Options. The court may require:
(1) orders be prepared by a party;
(2) the party serve the order; and
(3) on a case-by-case basis, that proposed orders be
furnished to all parties before entry of the order by the court.
(d) Precedence of Orders. Dependency orders must be filed
in any dissolution or other custody action or proceeding involving
the same child or children. These orders take precedence over other
orders affecting the placement of, access to, parental time with,
adoption of, or parental rights and responsibilities for the same
minor child or children, unless the jurisdiction of the dependency
court has been terminated. These orders may be filed under seal
and need not be open to inspection by the public.
RULE 8.265 cases. MOTION FOR REHEARING
(a) Basis. After the court has entered an order, any party
may move for rehearing upon one or more of the following grounds:
(1) the court erred in the decision of any matter of law
arising during the hearing;
(2) a party did not receive a fair and impartial hearing;
(3) any party required to be present at the hearing was
not present;
(4) there exists new and material evidence, which, if
introduced at the hearing, would probably have changed the court’s
decision and could not, with reasonable diligence, have been
discovered before and produced at the hearing;
(5) the court is without jurisdiction of the proceeding;
or
(6) the judgment is contrary to the law and evidence.
(b) Time and Method.
(1) A motion for rehearing may be made and ruled
upon immediately after the court announces its judgment but must
be made within 10 days of the rendition of the order.
(2) If the motion is made in writing, it shall be served
as provided in these rules for service of other pleadings.
(3) A motion for rehearing shall not toll the time for the
taking of an appeal. The court shall rule on the motion for rehearing
within 10 days of filing or it is deemed denied.
(c) Court Action.
(1) A rehearing may be granted to all or any of the
parties on all or any part of the issues. All orders granting a
rehearing must state the specific issues to be reheard and provide
for a date and time for the rehearing.
(2) If the motion for rehearing is granted, the court may
vacate or modify the order or any part of it and allow additional
proceedings as it deems just. It may enter a new judgment, and
may order or continue the child in a shelter or out-of-home
placement pending further proceedings.
(3) The court on its own initiative may vacate or modify
any order within the time limitation provided in subdivision (b).
RULE 8.270 cases. RELIEF FROM JUDGMENTS OR ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments,
orders, or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time on
its own initiative or on motion of any party, after such notice, if any,
as the court orders. During the pendency of an appeal such
mistakes may be so corrected before the record on appeal is
docketed in the appellate court and thereafter while the appeal is
pending may be so corrected with leave of the appellate court.
(b) Extraordinary Relief. On motion and upon such terms
as are just, the court may relieve a party or the party’s legal
representative from an order, judgment, or proceeding for the
following reasons:
(1) Mistake, inadvertence, surprise, or excusable
neglect.
(2) Newly discovered evidence which by due diligence
could not have been discovered in time to move for rehearing.
(3) Fraud (intrinsic or extrinsic), misrepresentation, or
other misconduct of any other party.
(4) That the order or judgment or any part thereof is
void.
The motion shall be made within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
order, or proceeding was taken.
(c) Limitation. After the court loses jurisdiction of the
cause, as provided by law, a motion for relief of judgment or order
under subdivision (b) shall not be heard.
RULE 8.276 cases. APPEAL PROCEDURES
Florida Rule of Appellate Procedure 9.146 generally governs
appeals in juvenile dependency and termination of parental rights
cases.
RULE 8.285 cases. CRIMINAL CONTEMPT
(a) Direct Contempt. A contempt may be punished
summarily if the court saw or heard the conduct constituting the
contempt committed in the presence of the court. The judgment of
guilt of contempt must include a recital of those facts upon which
the adjudication of guilt is based. Prior to the adjudication of guilt
the court must inform the person accused of the accusation and
inquire as to whether there is any cause to show why he or she
should not be adjudged guilty of contempt by the court and
sentenced. The accused must be given the opportunity to present
evidence of excusing or mitigating circumstances. The judgment
must be signed by the court and entered of record. Sentence must
be pronounced in open court.
(b) Indirect Contempt. An indirect contempt must be
prosecuted in the following manner:
(1) Order to Show Cause. The court on its own motion
or upon affidavit of any person having knowledge of the facts may
issue and sign an order directed to the one accused of contempt,
stating the essential facts constituting the contempt charged and
requiring the accused to appear before the court to show cause why
he or she should not be held in contempt of court. The order must
specify the time and place of the hearing, with a reasonable time
allowed for the preparation of a defense after service of the order on
the one accused. It must be served in the same manner as a
summons. Nothing herein shall be construed to prevent the one
accused of contempt from waiving the service of process.
(2) Motions; Answer. The accused, personally or by
counsel, may move to dismiss the order to show cause, move for a
statement of particulars, or answer such order by way of
explanation or defense. All motions and the answer must be in
writing unless specified otherwise by the court. The accused’s
omission to file a motion or answer shall not be deemed an
admission of guilt of the contempt charged.
(3) Order of Arrest; Bail. The court may issue an order
of arrest of the one accused of contempt if the court has reason to
believe the accused will not appear in response to the order to show
cause. The accused is entitled to bail in the manner provided by law
in criminal cases.
(4) Arraignment; Hearing. The accused may be
arraigned at the hearing, or prior thereto upon request. A hearing to
determine the guilt or innocence of the accused must follow a plea
of not guilty. The court may conduct a hearing without assistance
of counsel or may be assisted by the state attorney or by an
attorney appointed for the purpose. The accused is entitled to be
represented by counsel, have compulsory process for the
attendance of witnesses, and may testify in his or her own defense.
All issues of law and fact must be determined by the court.
(5) Disqualification of the Judge. If the contempt
charged involves disrespect to or criticism of a judge, the judge
must be disqualified by the chief judge of the circuit.
(6) Verdict; Judgment. At the conclusion of the hearing
the court must sign and enter of record a judgment of guilty or not
guilty. There should be included in a judgment of guilty a recital of
the facts constituting the contempt of which the accused has been
found and adjudicated guilty.
(7) Sentence. Prior to the pronouncement of sentence
the court must inform the accused of the accusation and judgment
against him or her and inquire as to whether there is any cause to
show why sentence should not be pronounced. The accused must
be afforded the opportunity to present evidence of mitigating
circumstances. The sentence must be pronounced in open court
and in the presence of the one found guilty of contempt.
RULE 8.286 cases. CIVIL CONTEMPT
(a) Applicability. This rule governs indirect civil contempt
proceedings in matters related to juvenile dependency. The use of
civil contempt sanctions under this rule must be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by rule 8.285.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served by mail
provided notice by mail is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.”
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) The court must determine whether the movant has
established that a prior order was entered and that the alleged
contemnor has failed to comply with all or part of the prior order.
(2) If the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court must:
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to comply
with the prior court order; or
(B) if the alleged contemnor fails to appear, set a
reasonable purge based on the circumstances of the parties.
The court may issue a writ of bodily attachment and direct that,
upon execution of the writ of bodily attachment, the alleged
contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
comply with the prior court order and, if so, whether the failure to
comply is willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court must enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt must contain a finding that a prior order was entered,
that the alleged contemnor has failed to comply with the prior court
order, that the alleged contemnor had the present ability to comply,
and that the alleged contemnor willfully failed to comply with the
prior court order. The order must contain a recital of the facts on
which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees and costs,
compensatory or coercive fines, and any other coercive sanction or
relief permitted by law provided the order includes a purge
provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
order, the court must set conditions for purge of the contempt,
based on the contemnor’s present ability to comply. The court must
include in its order a separate affirmative finding that the
contemnor has the present ability to comply with the purge and the
factual basis for that finding. The court may grant the contemnor a
reasonable time to comply with the purge conditions. If the court
orders incarceration but defers incarceration for more than 48
hours to allow the contemnor a reasonable time to comply with the
purge conditions, and the contemnor fails to comply within the time
provided, the movant must file an affidavit of noncompliance with
the court. The court then may issue a writ of bodily attachment.
Upon incarceration, the contemnor must be brought before the
court within 48 hours for a determination of whether the contemnor
continues to have the present ability to comply with the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge and the duration of incarceration and modify any prior
orders.
(g) Other Relief. When there is a failure to comply with a
court order but the failure is not willful, nothing in this rule shall
be construed as precluding the court from granting such relief as
may be appropriate under the circumstances.
RULE 8.290 cases. DEPENDENCY MEDIATION
(a) Definitions. The following definitions apply to this rule:
(1) “Dependency matters” means proceedings arising
under Chapter 39, Florida Statutes.
(2) “Dependency mediation” means mediation of
dependency matters.
(3) “Mediation” means a process whereby a neutral
third person called a mediator acts to encourage and facilitate the
resolution of a dispute between two or more parties. It is an
informal and nonadversarial process with the objective of helping
the disputing parties reach a mutually acceptable and voluntary
agreement. In mediation, decision-making authority rests with the
parties. The role of the mediator includes, but is not limited to,
assisting the parties in identifying issues, fostering joint problem-
solving, and exploring settlement alternatives.
(b) Applicability. This rule applies only to mediation of
dependency matters.
(c) Compliance with Statutory Time Requirements.
Dependency mediation must be conducted in compliance with the
statutory time requirements for dependency matters.
(d) Referral. Except as provided by this rule, all matters and
issues described in subdivision (a)(1) may be referred to mediation.
All referrals to mediation must be in written form, advise the parties
of their right to counsel, set a date for hearing before the court to
review the progress of the mediation, and may provide that
mediation be conducted in person, by communication technology,
or by a combination thereof. Absent direction in the referral,
mediation must be conducted in person, unless the parties
stipulate or the court, on its own motion or on motion by a party,
otherwise orders that the proceeding be conducted by
communication technology or by a combination of communication
technology and in-person participation. The mediator or mediation
program must be appointed by the court or stipulated to by the
parties. If the court refers the matter to mediation, the mediation
order must address all applicable provisions of this rule. The
mediation order must be served on all parties and on counsel under
the provisions of these rules.
(e) Appointment of the Mediator.
(1) Court Appointment. The court, in the order of
referral to mediation, must appoint a certified dependency mediator
selected by rotation or by such other procedures as may be adopted
by administrative order of the chief judge in the circuit in which the
action is pending.
(2) Party Stipulation. Within 10 days of the filing of the
order of referral to mediation, the parties may agree upon a
stipulation with the court designating:
(A) another certified dependency mediator, other
than a senior judge presiding over civil cases as a judge in that
circuit, to replace the one selected by the judge; or
(B) a mediator, other than a senior judge, who is
not certified as a mediator but who, in the opinion of the parties
and upon review by the presiding judge, is otherwise qualified by
training or experience to mediate all or some of the issues in the
particular case.
(f) Fees. Dependency mediation referrals may be made to a
mediator or mediation program that charges a fee. Any order of
referral to a mediator or mediation program charging a fee must
advise the parties that they may timely object to mediation on
grounds of financial hardship. On the objection of a party or the
court’s own motion, the court may, after considering the objecting
party’s ability to pay and any other pertinent information, reduce or
eliminate the fee.
(g) Objection to Mediation. Within 10 days of the filing of
the order of referral to mediation, any party or participant ordered
to mediation may make a written objection to the court about the
order of referral if good cause for such objection exists. If a party
objects, mediation must not be conducted until the court rules on
the objection.
(h) Scheduling. The mediation conference may be held at
any stage of the proceedings. Unless otherwise scheduled by the
court, the mediator or the mediation program must schedule the
mediation conference.
(i) Disqualification of the Mediator. Any party may move
to enter an order disqualifying a mediator for good cause. If the
court rules that a mediator is disqualified from mediating a case, an
order must be entered with the name of a qualified replacement.
Nothing in this provision precludes mediators from disqualifying
themselves or refusing any assignment.
(j) Substitute Mediator. If a mediator agreed upon by the
parties or appointed by a court cannot serve, a substitute mediator
can be agreed upon or appointed in the same manner as the
original mediator. A mediator must not mediate a case assigned to
another mediator without the agreement of the parties or approval
of the court. A substitute mediator must have the same
qualifications as the original mediator.
(k) Discovery. Unless stipulated by the parties or ordered by
the court, the mediation process must not suspend discovery.
(l) Appearances.
(1) Order Naming or Prohibiting Attendance of Parties.
The court must enter an order naming the parties and the
participants who must appear at the mediation and any parties or
participants who are prohibited from appearing at the mediation.
Additional participants may be included by court order or by
mutual agreement of all parties. The order may provide for
mediation to be conducted in person, by communication
technology, or a combination thereof.
(2) Presence of Adult Parties and Participants. Unless
otherwise agreed to by the parties or ordered by the court, any
party or participant ordered to mediation must be present at the
mediation conference either in person or, if permitted by court order
or written stipulation of the parties, via communication technology.
Persons representing an agency, department, or program must have
full authority to enter into an agreement that is binding on that
agency, department, or program. In the discretion of the mediator,
and with the agreement of the attending parties, dependency
mediation may proceed in the absence of any party or participant
ordered to mediation.
(3) Appearance of Counsel. In the discretion of the
mediator, and with the agreement of the attending parties,
dependency mediation may proceed in the absence of counsel
unless otherwise ordered by the court.
(4) Appearance of Child. The court may prohibit the
child from appearing at mediation upon determining that such
appearance is not in the best interest of the child. No minor child is
required to appear at mediation unless the court has previously
determined by written order that it is in the child’s best interest to
be physically present. The court must specify in the written order of
referral to mediation any special protections necessary for the
child’s appearance.
(5) Sanctions for Failure to Appear. If a party or
participant ordered to mediation fails to appear at a duly-noticed
mediation conference without good cause, the court, on motion of
any party or on its own motion, may impose sanctions. Sanctions
against the party or participant failing to appear may include one or
more of the following: contempt of court, an award of mediator fees,
an award of attorney fees, an award of costs, or other remedies as
deemed appropriate by the court.
(m) Caucus with Parties and Participants. During the
mediation session, the mediator may meet and consult privately
with any party, participant or counsel.
(n) Continuances. The mediator may end the mediation
session at any time and may set new times for reconvening the
mediation. No further notification is required for parties or
participants present at the mediation session.
(o) Report on Mediation.
(1) If agreement is reached on all or part of any matter
or issue, including legal or factual issues to be determined by the
court, the agreement must be immediately reduced to writing,
signed by the attending parties, and promptly submitted to the
court by the mediator with copies to all parties and counsel.
Signatures may be original, electronic, or facsimile, and may be in
counterparts.
(2) If the parties do not reach an agreement as to any
matter as a result of mediation, the mediator must report the lack
of an agreement to the court without comment or recommendation.
(p) Court Hearing and Order On Mediated Agreement. On
receipt of a full or partial mediation agreement, the court must hold
a hearing and enter an order accepting or rejecting the agreement
consistent with the best interest of the child. The court may modify
the terms of the agreement with the consent of all parties to the
agreement.
(q) Imposition of Sanctions On Breach of Agreement. In
the event of any breach or failure to perform under the court–
approved agreement, the court, on a motion of any party or on its
own motion, may impose sanctions. The sanctions may include
contempt of court, vacating the agreement, imposition of costs and
attorney fees, or any other remedy deemed appropriate by the court.
Committee Notes
1997 Adoption. In considering the provision regarding the
appearance of the child found in subsection (l)(4), the Supreme
Court Mediation and Arbitration Rules Committee considered
issues concerning the child’s right to participate and be heard in
mediation and the need to protect the child from participating in
proceedings when such participation would not be in the best
interest of the child. The Committee has addressed only the issue of
mandating participation of the child in mediation. In circumstances
where the court has not mandated that the child appear in
mediation, the Committee believes that, in the absence of an order
prohibiting the child from mediation, the participation of the child
in mediation will be determined by the parties.
Whenever the court, pursuant to subdivision (p) determines
whether to accept, reject, or modify the mediation agreement, the
Committee believes that the court shall act in accordance with the
confidentiality requirements of chapter 44, Florida Statutes.
RULE 8.292 cases. APPOINTMENT AND DISCHARGE OF
SURROGATE PARENT
(a) Appointment. Unless appointed by the district school
superintendent, the court must appoint a surrogate parent for a
child known to the department who has or is suspected of having a
disability when
(1) after reasonable efforts, no parent can be located; or
(2) a court of competent jurisdiction over a child under
Chapter 39, Florida Statutes, has determined that no person has
the authority under the Individuals with Disabilities Education Act,
including the parent or parents subject to the dependency action, or
no person has the authority, willingness, or ability to serve as the
educational decision maker for the child without judicial action.
(b) Who May Be Appointed. The surrogate parent must
meet the minimum criteria established by law.
(c) Recognition of Surrogate Parent. The dependency court
and school district must recognize the initial individual appointed
as surrogate parent.
(d) Duties and Responsibilities. The surrogate parent must
be acquainted with the child and become knowledgeable about the
child’s disability and education needs and
(1) must represent the child in all matters relating to
identification, evaluation, and educational placement and the
provision of a free and appropriate education to the child;
(2) must represent the interests and safeguard the
rights of the child in educational decisions that affect the child, and
enjoy all the procedural safeguards afforded a parent regarding the
identification, evaluation, and educational placement of a student
with a disability or a student who is suspected of having a
disability; and
(3) does not have the authority to represent the
interests of the child regarding the child’s care, maintenance,
custody, residential placement, or any other area not specifically
related to the education of the child, unless the same person is
appointed by the court for those purposes.
(e) Notice of Appointment. When the court appoints a
surrogate parent, notice must be provided as soon as practicable to
the child’s school.
(f) Substitution or Discharge. The court may, through a
determination of the best interest of the child or as otherwise
established by law, find that it is appropriate to substitute or
discharge the surrogate parent. The surrogate parent must
continue in the appointed role until discharged.
B. TAKING CHILDREN INTO CUSTODY AND
SHELTER HEARINGS
RULE 8.300 cases. TAKING INTO CUSTODY
(a) Affidavit. An affidavit or verified petition may be filed
alleging facts under existing law sufficient to establish grounds to
take a child into custody. The affidavit or verified petition shall:
(1) be in writing and signed;
(2) specify the name, address, date of birth, and sex of
the child, or, if unknown, designate the child by any name or
description by which he or she can be identified with reasonable
certainty;
(3) specify that the child is of an age subject to the
jurisdiction of the court; and
(4) state the reasons the child should be taken into
custody.
(b) Criteria for Order. The court may issue an order to take
a child into custody based on sworn testimony meeting the criteria
in subdivision (a).
(c) Order. The order to take into custody shall:
(1) be in writing and signed;
(2) specify the name, address, and sex of the child or, if
unknown, designate the child by any name or description by which
he or she can be identified with reasonable certainty;
(3) specify that the child is of an age subject to the
jurisdiction of the court;
(4) state the reasons the child should be taken into
custody;
(5) order that the child be held in a suitable place
pending transfer of physical custody to an authorized agent of the
department; and
(6) state the date when issued, and the county and
court where issued.
RULE 8.305 cases. SHELTER PETITION, HEARING, AND ORDER
(a) Shelter Petition. If a child has been or is to be removed
from the home and maintained in an out-of-home placement for
more than 24 hours, the person requesting placement must file a
written petition that must:
(1) specify the name, address, date of birth, and sex of
the child or, if unknown, designate the child by any name or
description by which he or she can be identified with reasonable
certainty and indicate whether the child has a special need
requiring appointment of counsel as defined in section 39.01305,
Florida Statutes;
(2) specify the name and address, if known, of the
child’s parents or legal custodian and how each was notified of the
shelter hearing;
(3) if the child has been removed from the home, state
the date and time of the removal;
(4) specify that the child is of an age subject to the
jurisdiction of the court;
(5) state the reasons the child needs to be placed in a
shelter;
(6) list the reasonable efforts, if any, that were made by
the department to prevent or eliminate the need for the removal or
continued removal of the child from the home or, if no such efforts
were made, a description of the emergency that prevented these
efforts;
(7) recommend where the child is to be placed or the
agency to be responsible for placement;
(8) if the children are currently not placed together,
specify the reasonable efforts of the department to keep the siblings
together after the removal from the home, why a foster home is not
available to place the siblings, or why it is not in the best interest of
the child that all the siblings be placed together in out-of-home
care;
(9) specify ongoing visitation or interaction between the
siblings or if sibling visitation or interaction is not recommended,
specify why visitation or interaction would be contrary to the safety
or well-being of the child; and
(10) be signed by the petitioner and, if represented by
counsel, by the petitioner’s attorney.
(b) Shelter Hearing.
(1) The parents or legal custodians of the child must be
given actual notice of the date, time, and location of the shelter
hearing. If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology. If the parents are
outside the jurisdiction of the court, are not known, cannot be
located, or refuse or evade service, they must be given such notice
as best ensures their actual knowledge of the date, time, and
location of the shelter hearing. If the parents or legal custodians are
not present at the hearing, the person providing, or attempting to
provide, notice to the parents or legal custodians must advise the
court in person or by sworn affidavit of the attempts made to
provide notice and the results of those attempts.
(2) The court must conduct an informal hearing on the
petition within the time limits provided by law. The court must
determine at the hearing the existence of probable cause to believe
the child is dependent and whether the other criteria provided by
law for placement in a shelter have been met. The shelter hearing
may be continued for up to 72 hours with the child remaining in
shelter care if either:
(A) the parents or legal custodians appear for the
shelter hearing without legal counsel and request a continuance to
consult with legal counsel; or
(B) the court determines that additional time is
necessary to obtain and review documents pertaining to the family
to appropriately determine the risk to the child.
(3) The issue of probable cause must be determined in
a nonadversarial manner, applying the standard of proof necessary
for an arrest warrant.
(4) At the hearing, all interested persons present must
have an opportunity to be heard and present evidence on the
criteria for placement provided by law.
(5) The court may base its determination on a sworn
complaint, testimony, or an affidavit and may hear all relevant and
material evidence, including oral and written reports, to the extent
of its probative value even though it would not be competent at an
adjudicatory hearing.
(6) The court must advise the parent or legal custodian
of:
(A) the right to be represented by counsel as
provided by law;
(B) the reason the child is in custody and why
continued placement is requested;
(C) the right to present placement alternatives;
and
(D) the importance of the parents’ or legal
custodians’ active participation in subsequent proceedings and
hearings as well as the time, date, and location of the next hearing
or the communication technology information or conference line
phone number to enable them to attend the next hearing remotely.
(7) The court must appoint:
(A) a guardian ad litem to represent the child;
(B) an attorney to represent the child if the court
finds the appointment necessary or required by law; and
(C) an attorney for indigent parents unless waived
by the parent.
(8) The court must determine visitation rights absent a
clear and convincing showing that visitation is not in the best
interest of the child.
(9) If the identity of a parent is unknown, the court
must conduct the inquiry required by law.
(10) The court must inquire of the parents whether the
parents have relatives, fictive kin, or nonrelatives who might be
considered for placement of the child. The parents must provide to
the court and all parties identification and location information
regarding the relatives, fictive kin, or nonrelatives. The court must
advise the parents that the parents have a continuing duty to
inform the department of any relatives, fictive kin, or nonrelatives
who should be considered for placement of the child.
(11) The court must advise the parents in plain language
what is expected of them to achieve reunification with their child,
including that:
(A) parents must take action to comply with the
case plan so permanency with the child may occur within the
shortest period of time possible, but no later than 1 year after
removal or adjudication of the child;
(B) parents must stay in contact with their
attorney and their case manager and provide updated contact
information if the parents’ phone number, address, or e-mail
address changes;
(C) parents must notify the parties and the court
of barriers to completing case plan tasks within a reasonable time
after discovering such barriers; and
(D) if the parents fail to substantially comply with
the case plan their parental rights may be terminated and the
child’s out-of-home placement may become permanent.
(12) The court must request that the parents consent to
provide access to the child’s medical records and to the child’s child
care records, early education program records, or other educational
records and provide information to the court, the department, or its
contract agencies, and any guardian ad litem or attorney for the
child. If a parent is unavailable, is unable to consent, or withholds
consent and the court determines access to the records and
information is necessary to provide services for the child, the court
must issue an order granting access.
(13) The court may order the parents to provide all
known medical information to the department and to any others
granted access.
(14) If the child has or is suspected of having a disability
and the parent is unavailable under law, the court must appoint a
surrogate parent or refer the child to the district school
superintendent for appointment of a surrogate parent.
(15) If the shelter hearing is conducted by a judge other
than a judge assigned to hear dependency cases, a judge assigned
to hear dependency cases must hold a shelter review on the status
of the child within 2 working days after the shelter hearing.
(c) Shelter Order. An order granting shelter care must
identify the parties present at the hearing and contain written
findings that:
(1) placement in shelter care is necessary based on the
criteria provided by law;
(2) placement in shelter care is in the best interest of
the child;
(3) the department made reasonable efforts to place the
child in the order of priority provided in Chapter 39, Florida
Statutes, or why such priority placement is not a placement option
or in the best interest of the child based on the criteria established
by law;
(4) the department made reasonable efforts to keep the
siblings together after the removal from the home and specifies if
the children are currently not placed together, why a foster home is
not available or why it is not in the best interest of the child that all
the siblings be placed together in out-of-home care;
(5) specifies on-going visitation or interaction between
the siblings or if sibling visitation or interaction is not ordered,
specifies why visitation or interaction would be contrary to the
safety or well-being of the child and, if services are available that
would reasonably be expected to ameliorate the risk to the child’s
safety or well-being and may result in the communication and
visitation being restored, directs the department to immediately
provide such services;
(6) continuation of the child in the home is contrary to
the welfare of the child because the home situation presents a
substantial and immediate danger to the child’s physical, mental, or
emotional health or safety that cannot be mitigated by the provision
of preventive services;
(7) there is probable cause to believe the child is
dependent;
(8) the department has made reasonable efforts to
prevent or eliminate the need for removal of the child from the
home, including a description of which specific services, if available,
could prevent or eliminate the need for removal or continued
removal from the home, the date by which the services are expected
to become available, and, if services are not available to prevent or
eliminate the need for removal or continued removal of the child
from the home, an explanation of why the services are not available
for the child;
(9) the court notified the parents, relatives who are
providing out-of-home care for the child, or legal custodians of the
time, date, and location of the next dependency hearing, and of the
importance of their active participation in all subsequent
proceedings and hearing;
(10) the court notified the parents or legal custodians of
their right to counsel as provided by law;
(11) the court notified relatives who are providing out-of-
home care for a child, as a result of the shelter petition being
granted, that they have the right to attend all subsequent hearings,
to submit reports to the court, and to speak to the court regarding
the child, if they so desire; and
(12) the department has placement and care
responsibility for any child who is not placed in the care of a parent
at the conclusion of the shelter hearing.
(d) Release from Shelter Care. No child shall be released
from shelter care after a shelter order has been entered except on
order of the court unless the shelter order authorized release by the
department.
Committee Note
2022 Amendment. Multiple sections of this rule were amended
in response to ch. 2021-169, Laws of Florida.
C. PETITION, ARRAIGNMENT, ADJUDICATION, AND
DISPOSITION
RULE 8.310 cases. DEPENDENCY PETITIONS
(a) Contents.
(1) A dependency petition may be filed as provided by
law. Each petition shall be entitled a petition for dependency and
shall allege sufficient facts showing the child to be dependent based
upon applicable law.
(2) The petition shall contain allegations as to the
identity and residence of the parents or legal custodians, if known.
(3) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.
(4) Two or more allegations of dependency may appear
in the same petition, in separate counts. The petition need not
contain allegations of acts or omissions by both parents.
(5) The petition must describe what voluntary services,
safety planning and/or dependency mediation the parents or legal
custodians were offered and the outcome of each.
(6) The petition shall identify each child who has a
special need requiring appointment of counsel as defined in section
39.01305, Florida Statutes.
(b) Verification. The petition shall be signed stating under
oath the signer’s good faith in filing the petition. No objection to a
petition on the grounds that it was not signed or verified, as herein
provided, shall be entertained after a plea to the merits.
(c) Amendments. At any time prior to the conclusion of an
adjudicatory hearing, an amended petition may be filed or the
petition may be amended by motion; however, after a written
answer or plan has been filed, amendments shall be permitted only
with the permission of the court, unless all parties consent.
Amendments shall be freely permitted in the interest of justice and
the welfare of the child. A continuance may be granted on motion
and a showing that the amendment prejudices or materially affects
any party.
(d) Defects and Variances. No petition or any count thereof
shall be dismissed, or any judgment vacated, on account of any
defect in the form of the petition or of misjoinder of counts. If the
court is of the opinion that the petition is so vague, indistinct, and
indefinite as to mislead the child, parent, or legal custodian and
prejudice any of them in the preparation of a defense, the petitioner
may be required to furnish a more definite statement.
(e) Voluntary Dismissal. The petitioner without leave of the
court, at any time prior to entry of an order of adjudication, may
request a voluntary dismissal of the petition or any allegations of
the petition by serving a notice requesting dismissal on all parties,
or, if during a hearing, by so stating on the record. The petition or
any allegations in the petition shall be dismissed. If the petition is
dismissed, the court loses jurisdiction unless another party adopts
the petition within 72 hours.
Committee Notes
1991 Amendment. (c) The time limit for amending a petition
has been extended to be consistent with civil pleading procedures.
The best interest of the child requires liberal amendments. The
procedures for determining if a party has been prejudiced have not
been changed.
(e) This section has been reworded to provide a procedure
for notice to all parties before dismissal and to allow adoption of a
petition by another party.
RULE 8.315 cases. ARRAIGNMENTS AND PREHEARING
CONFERENCES
(a) Arraignment.
(1) Before the adjudicatory hearing, the court must
conduct a hearing to determine whether an admission, consent, or
denial to the petition shall be entered, and whether the parties are
represented by counsel or are entitled to appointed counsel as
provided by law.
(2) If an admission or consent is entered and no denial
is entered by any other parent or legal custodian, the court must
enter a written order finding dependency based on the allegations of
the dependency petition by a preponderance of the evidence. The
court shall schedule a disposition hearing to be conducted within
15 days. If a denial is entered, the court shall set an adjudicatory
hearing within the period of time provided by law and appoint
counsel when required.
(3) If one parent enters an admission or consent and
the other parent who is present enters a denial to the allegations of
the dependency petition, the court must enter a written order
finding dependency based on the allegations of the dependency
petition that pertain to the parent who enters an admission or
consent by a preponderance of the evidence. The court must then
reserve ruling on whether the parent who entered the denial
contributed to the dependency status of the child pursuant to the
statutory definition of a dependent child until the parent enters an
admission or consent to the dependency petition, the court
conducts an adjudicatory hearing, or the issue is otherwise
resolved.
(4) If one parent enters an admission or consent and
the identity or location of the other parent is unknown, the court
must enter a written order finding dependency based on the
allegations of the dependency petition by a preponderance of the
evidence. The court must then reserve ruling on whether the parent
whose identity or location is unknown contributed to the
dependency status of the child pursuant to the statutory definition
of a dependent child until the parent enters an admission or
consent to the dependency petition, the court conducts an
adjudicatory hearing, or the court proceeds as provided by law
regarding a parent whose identity or location is unknown.
(5) If the court enters a written order finding
dependency, the court must schedule a disposition hearing to be
conducted within 15 days. If a denial is entered, the court must set
an adjudicatory hearing within the period of time provided by law
and appoint counsel when required.
(b) Withdrawal of Plea. The court may for good cause, at
any time before the beginning of a disposition hearing, permit an
admission of the allegations of the petition or a consent to
dependency to be withdrawn and, if an adjudication has been
entered, set aside the adjudication. In a subsequent adjudicatory
hearing the court shall disregard an admission or consent that has
been withdrawn.
(c) Prehearing Conference. Before any adjudicatory
hearing, the court may set or the parties may request that a
prehearing conference be held to determine the order in which each
party may present witnesses or evidence, the order in which cross-
examination and argument shall occur, which witnesses will be
physically present and which will appear via communication
technology, how a remote witness’s identity will be confirmed, and
any other matters that may aid in the conduct of the adjudicatory
hearing to prevent any undue delay in the adjudicatory hearing.
The court may also enter findings on the record of any stipulations
entered into by the parties and consider any other matters that may
aid in the conduct of the adjudicatory hearing.
(d) Status Hearing. Within 60 days of the filing of the
petition, a status hearing must be held with all parties present
unless an adjudicatory or disposition hearing has begun.
Subsequent status hearings must be held every 30 days unless an
adjudicatory or disposition hearing has begun.
Committee Notes
1991 Amendment. (d) This section requires a status hearing
every 30 days to ensure prompt resolution of the case while
preserving the rights of all parties.
RULE 8.320 cases. PROVIDING COUNSEL TO PARTIES
(a) Duty of the Court.
(1) At each stage of the dependency proceeding, the
court shall advise the parent of the right to have counsel present.
(2) The court shall appoint counsel to indigent parents
or others who are so entitled as provided by law, unless
appointment of counsel is waived by that person.
(3) The court shall ascertain whether the right to
counsel is understood.
(4) At each stage of the dependency proceeding, the
court shall appoint an attorney to represent a child with special
needs as defined in chapter 39, Florida Statutes, and who is not
already represented by an attorney.
(b) Waiver of Counsel.
(1) No waiver of counsel shall be accepted where it
appears that the parent is unable to make an intelligent and
understanding choice because of age, education, experience, the
nature or complexity of the case, or other factors.
(2) A waiver of counsel made in court shall be of record.
The court shall question the party in sufficient detail to ascertain
that the waiver is made knowingly, intelligently, and voluntarily.
(3) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.
RULE 8.325 cases. ANSWERS AND PLEADINGS
(a) No Answer Required. No written answer to the petition
need be filed by the parent or legal custodian. The parent or legal
custodian of the child may enter an oral or written answer to the
petition or remain silent.
(b) Denial of Allegations. If the parent or legal custodian
denies the allegations of the petition, remains silent, or pleads
evasively, the court shall enter a denial of dependency and set the
case for an adjudicatory hearing.
(c) Admission of or Consent to Dependency. The parent or
legal custodian may admit or consent to a finding of dependency.
The court shall determine that any admission or consent to a
finding of dependency is made voluntarily and with a full
understanding of the nature of the allegations and the possible
consequences of the admission or consent, and that the parent has
been advised of the right to be represented by counsel. The court
shall incorporate these findings into its order in addition to findings
of fact specifying the act or acts causing dependency, by whom
committed, and facts on which the findings are based.
RULE 8.330 cases. ADJUDICATORY HEARINGS
(a) Hearing by Judge. The adjudicatory hearing must be
conducted by the judge, without a jury, utilizing the rules of
evidence in use in civil cases. At this hearing the court must
determine whether the allegations of the dependency petition have
been sustained by a preponderance of the evidence. If the court is of
the opinion that the allegations are sustained by clear and
convincing evidence, it may enter an order so stating.
(b) Examination of Witnesses. A party may call any person
as a witness. A party has the right to examine or cross-examine all
witnesses. However, the child and the parents, caregivers, or legal
custodians of the child may be examined separately and apart from
each other.
(c) Presence of Parties. All parties have the right to be
present at all hearings. A party may appear in person or, at the
discretion of the court for good cause shown, by communication
technology. No party may be excluded from any hearing unless so
ordered by the court for disruptive behavior or as provided by law. If
a person appears for the arraignment hearing and the court orders
that person to appear at the adjudicatory hearing for dependency,
stating the date, time, and place of the adjudicatory hearing and, if
the hearing will be held through communication technology,
instructions for appearing at the hearing through communication
technology, then that person’s failure to appear for the scheduled
adjudicatory hearing constitutes consent to a dependency
adjudication.
(d) Joint and Separate Hearings. When 2 or more children
are alleged to be dependent children, the hearing may be held
simultaneously when the several children involved are related to
each other or involved in the same case, unless the court orders
separate hearings.
(e) Motion for Judgment of Dismissal. In all proceedings, if
at the close of the evidence for the petitioner the court is of the
opinion that the evidence is insufficient to warrant a finding of
dependency, it may, and on the motion of any party shall, enter an
order dismissing the petition for insufficiency of the evidence or find
that allegations in the petition have not been sustained. If the court
finds that allegations in the petition have not been sustained but
does not dismiss the petition, the parties, including all parents,
must continue to receive pleadings, notices, and documents and to
have the right to be heard.
(f) Dismissal. If the court finds that the allegations in the
petition have not been sustained, it must enter an order dismissing
the case for insufficiency of the evidence or find that allegations in
the petition have not been sustained. If the court finds that
allegations in the petition have not been sustained but does not
dismiss the petition, the parties, including all parents, must
continue to receive pleadings, notices, and documents and to have
the right to be heard.
Committee Notes
1991 Amendment. (a) This change gives the court the option
of making a finding based on a higher burden of proof to eliminate
the need for a repetitive hearing on the same evidence if a
termination of parental rights petition is filed.
RULE 8.332 cases. ORDER FINDING DEPENDENCY
(a) Finding of Dependency. In all cases in which
dependency is established, the court must enter a written order
stating the legal basis for a finding of dependency, specifying the
facts upon which the finding of dependency is based, and stating
whether the court made the finding by a preponderance of the
evidence or by clear and convincing evidence. The court must
include the dates of the adjudicatory hearing, if any, in the order.
(b) Adjudication of Dependency.
(1) If the court finds that the child named in the
petition is dependent, the court must enter an order adjudicating
the child dependent if the child is placed or will continue to be
placed in an out-of-home placement. Following a finding of
dependency, the court must schedule a disposition hearing within
30 days after the last day of the adjudicatory hearing pursuant to
these rules.
(2) If the court enters findings that only one parent
contributed to the dependency status of the child but allegations of
dependency remain unresolved as to the other parent, the court
must enter a written order finding dependency based on the
allegations of the dependency petition concerning the one parent.
The court must then reserve ruling on findings regarding the other
parent based on the unresolved allegations until the parent enters
an admission or consent to the dependency petition, the court
conducts an evidentiary hearing on the allegations, the court
proceeds as provided by law regarding a parent whose identity or
location is unknown, or the issue is otherwise resolved.
(3) The court may enter an order adjudicating the child
dependent if the child remains in or is returned to the home.
(4) For as long as a court maintains jurisdiction over a
dependency case, only one order adjudicating each child in the case
dependent shall be entered. This order establishes the legal status
of the child for purposes of proceedings under Chapter 39, Florida
Statutes, and may be based on the conduct of one parent, both
parents, or a legal custodian. With the exception of proceedings
pursuant to a termination of parental rights, the child’s dependency
status may not be retried or readjudicated. All subsequent orders
finding that a parent contributed to the dependency status of the
child shall supplement the initial order of adjudication.
(c) Withhold of Adjudication of Dependency.
(1) If the court finds that the child named in the
petition is dependent, but finds that no action other than
supervision in the child’s home is required, it may enter an order
briefly stating the facts on which its finding is based, but
withholding an order of adjudication and placing the child in the
child’s home under the supervision of the department. The
department must file a case plan and the court must review the
case plan pursuant to these rules.
(2) If the court later finds that the parents of the child
have not complied with the conditions of supervision imposed,
including the case plan, the court may, after a hearing to establish
the noncompliance, but without further evidence of the state of
dependency, enter an order of adjudication and shall thereafter
have full authority under this chapter to provide for the child as
adjudicated. If the child is to remain in an out-of-home placement
by order of the court, the court must adjudicate the child
dependent. If the court adjudicates the child dependent, the court
must then conduct a disposition hearing.
(d) Failure to Substantially Comply. The court must advise
the parents in plain language that:
(1) parents must take action to comply with the case
plan so permanency with the child may occur within the shortest
period of time possible, but no later than 1 year after removal or
adjudication of the child;
(2) parents must stay in contact with their attorney
and their case manager and provide updated contact information if
the parents’ phone number, address, or e-mail address changes;
(3) parents must notify the parties and the court of
barriers to completing case plan tasks within a reasonable time
after discovering such barriers; and
(4) if the parents fail to substantially comply with the
case plan, their parental rights may be terminated and the child’s
out-of-home placement may become permanent.
(e) Inquiry Regarding Relatives for Placement. If the child
is in out-of-home care, the court must inquire of the parent or
parents whether the parent or parents have relatives who might be
considered as placement for the child. The parent or parents must
provide to the court and all parties identification and location
information for the relatives.
RULE 8.335 cases. ALTERNATIVES PENDING DISPOSITION
If the court finds that the evidence supports the allegations of
the petition, it may make a finding of dependency as provided by
law. If the reports required by law are available, the court may
proceed to disposition or continue the case for a disposition
hearing. If the case is continued, the court may refer the case to
appropriate agencies for additional study and recommendation. The
court may order the child continued in placement, designate the
placement or the agency that will be responsible for the child’s
placement, and enter such other orders deemed necessary to
protect the health, safety, and well-being of the child, including
diagnosis, evaluation, treatment, and visitation.
RULE 8.340 cases. DISPOSITION HEARINGS
(a) Information Available to Court. At the disposition
hearing, the court, after establishing compliance with the
dispositional considerations, determinations, and discussions
required by law, may receive any relevant and material evidence
helpful in determining the proper disposition to be made. It must
include written reports required by law, and may include, but is not
limited to, any psychiatric or psychological evaluations of the child
or his or her parent, caregiver, or legal custodian that may be
obtained and that are relevant and material. Such evidence may be
received by the court and may be relied upon to the extent of its
probative value, even though not competent in an adjudicatory
hearing.
(b) Disclosure to Parties. All parties are entitled to
disclosure of all information in all reports submitted to the court.
(c) Orders of Disposition. The court shall in its written
order of disposition include:
(1) the placement or custody of the child;
(2) special conditions of placement and visitation;
(3) evaluation, counseling, treatment activities, and
other actions to be taken by the parties, if ordered;
(4) persons or entities responsible for supervising or
monitoring services to the child and parent;
(5) continuation or discharge of the guardian ad litem,
as appropriate;
(6) date, time, and location and communication
technology information to be used to facilitate remote attendance at
the next scheduled review hearing, as required by law;
(7) child support payments, if the child is in an out-of-
home placement;
(8) if the child is placed in foster care, the reasons why
the child was not placed in the legal custody of an adult relative,
legal custodian, or other adult approved by the court and a further
determination as to whether diligent efforts were made by the
department to locate an adult relative, legal custodian, or other
adult willing to care for the child instead of placement with the
department;
(9) such other requirements to protect the health,
safety, and well-being of the child, to preserve the stability of the
child’s child care, early education program, or any other
educational placement, and to promote family preservation or
reunification whenever possible; and
(10) approval of the case plan and any reports required
by law as filed with the court. If the court does not approve the case
plan at the disposition hearing, the court must set a hearing within
30 days after the disposition hearing to review and approve the case
plan.
Committee Notes
1992 Amendment. Dismissal of a petition is not appropriate
after adjudication.
RULE 8.345 cases. POST-DISPOSITION RELIEF
(a) Emergency Motion for Modification of Placement.
(1) A child’s case manager, an authorized agent of the
department, or a law enforcement officer may, at any time, remove a
child from a court-ordered placement and take the child into
custody as provided by law.
(2) If, at the time of the removal, the child was not
placed in licensed care in the department’s custody, the department
must file a motion to modify placement within 1 business day after
the child is taken into custody.
(3) The court must set a hearing within 24 hours after
the motion is filed unless all of the parties and the caregiver agree
to the change of placement.
(4) At the hearing, the court must determine if the
department has established probable cause to support the
immediate removal of the child from his or her current placement.
The court may base its determination on a sworn petition or
affidavit or on testimony and may hear all relevant and material
evidence, including oral or written reports, to the extent of their
probative value, even if such evidence would not be competent
evidence at an adjudicatory hearing.
(5) If the caregiver admits that a change of placement is
needed or the department establishes probable cause to support
removal of the child, the court must enter an order changing the
placement of the child. The new placement for the child must meet
the home study criteria in this chapter if the child is not placed in
foster care. The court must then conduct a hearing pursuant to
subdivision (b) unless such hearing is waived by all parties and the
caregiver.
(6) If the court finds that the department did not
establish probable cause to support the removal of the child from
his or her placement, the court must enter an order that the child
be returned to such placement. An order by the court to return the
child to his or her placement does not preclude a party from filing a
subsequent motion pursuant to this rule.
(b) Motion for Modification of Placement. At any time
before a child is residing in the permanent placement approved at
the permanency hearing, a child who has been placed in his or her
own home, in the home of a relative, or in some other place, under
the supervision or legal custody of the department, may be brought
before the court by the department or any interested person on a
motion for modification of placement. The court may enter an order
making the change in placement without a hearing unless a party
or the current caregiver objects to the change. If any party or the
current caregiver objects to the change of placement, the court
must conduct a hearing and thereafter enter an order changing the
placement, modifying the conditions of placement, continuing
placement as previously ordered, or placing the child with the
department or a licensed child-caring agency.
(1) In cases in which the issue before the court is
whether a child should be reunited with a parent, and the child is
currently placed with someone other than a parent, the court must
review the conditions for return and determine whether the
circumstances that caused the out-of-home placement and issues
subsequently identified have been remedied to the extent that the
return of the child to the home with an in-home safety plan
prepared or approved by the department will not be detrimental to
the child’s safety, well-being, and physical, mental, and emotional
health.
(2) In cases in which the issue before the court is
whether a child who is placed in the custody of a parent should be
reunited with the other parent upon a finding that the
circumstances that caused the out-of-home placement and issues
subsequently identified have been remedied to the extent that the
return of the child to the home of the other parent with an in-home
safety plan prepared or approved by the department will not be
detrimental to the child, the court must determine that the safety,
well-being, and physical, mental, and emotional health of the child
would not be endangered by reunification and that reunification
would be in the best interest of the child.
(c) Standard for Changing Custody.
(1) Generally. The standard for changing custody of the
child must be the best interests of the child as provided by law.
When determining whether a change of legal custody or placement
is in the best interests of the child, the court must consider the best
interests factors provided by law, the report filed by the
multidisciplinary team, if applicable, and the priority of placements
as provided by law, or as otherwise provided by law.
(2) Rebuttable presumption.
(A) In a hearing on a change of physical custody
when the child has been in the same safe and stable placement for
9 consecutive months or more, a rebuttable presumption that it is
in the child’s best interest to remain permanently in his or her
current placement applies as required by law.
(B) A caregiver who objects to the department’s
official position on the change in physical custody must notify the
court and the department of his or her objection and the intent to
request an evidentiary hearing in writing within 5 days after
receiving notice of the department’s official position.
(C) Within 7 days after receiving written notice
from the caregiver, the court must conduct an initial case status
hearing, at which time the court must:
(i) grant limited purpose party status to the
current caregiver who is seeking permanent custody and has
maintained physical custody of that child for at least 9 continuous
months for the limited purpose of filing a motion for a hearing on
the objection and presenting evidence under this rule;
(ii) advise the caregiver of his or her right to
retain counsel for purposes of the evidentiary hearing; and
(iii) appoint a court-selected neutral and
independent licensed professional with expertise in the science and
research of child-parent bonding.
(D) The court must conduct the evidentiary
hearing and provide a written order of its findings regarding the
placement that is in the best interest of the child no later than 90
days after the date the caregiver provided written notice to the
court. The court must provide its written order to the department,
the caregiver, and the prospective caregiver.
(3) Reunification.
(A) In cases in which the issue before the court is
whether a child should be reunited with a parent, and the child is
currently placed with someone other than a parent, the court must
review the conditions for return and determine whether the
circumstances that caused the out-of-home placement and issues
subsequently identified have been remedied to the extent that the
return of the child to the home with an in-home safety plan
prepared or approved by the department will not be detrimental to
the child’s safety, well-being, and physical, mental, and emotional
health.
(B) In cases in which the issue before the court is
whether a child who is placed in the custody of a parent should be
reunited with the other parent on a finding that the circumstances
that caused the out-of-home placement and issues subsequently
identified have been remedied to the extent that the return of the
child to the home of the other parent with an in-home safety plan
prepared or approved by the department will not be detrimental to
the child, the court must determine that the safety, well-being, and
physical, mental, and emotional health of the child would not be
endangered by reunification and that reunification would be in the
best interest of the child.
(4) Removal from Home. In cases in which the issue
before the court is whether to place a child in out-of-home care
after the child was placed in the child’s own home with an in-home
safety plan or the child was reunified with a parent or caregiver
with an in-home safety plan, the court must consider, at a
minimum, the following factors in making its determination
whether to place the child in out-of-home care:
(A) the circumstances that caused the child’s
dependency and other subsequently identified issues;
(B) the length of time the child has been
placed in the home with an in-home safety plan;
(C) the parent’s or caregiver’s current level of
protective capacities; and
(D) the level of increase, if any, in the
parent’s or caregiver’s protective capacities since the child’s
placement in the home based on the length of time the child
has been placed in the home.
(d) Change of Permanency Goal. The court must
additionally evaluate the child's permanency goal and change the
permanency goal as needed if doing so would be in the best
interests of the child. If the court changes the permanency goal, the
case plan must be amended under law.
(e) Motion for Termination of Supervision or
Jurisdiction. Any party requesting termination of agency
supervision or the jurisdiction of the court or both must do so by
written motion or in a written report to the court. The court must
hear all parties present and enter an order terminating supervision
or terminating jurisdiction and supervision or continuing them as
previously ordered. The court must not terminate jurisdiction
unless the child is returned to the parent and has been in the
placement for at least 6 months, the child is adopted, or the child
attains the age of 18, unless the court has extended jurisdiction.
Committee Note
2022 Amendment. Multiple sections of this rule were
amended in response to ch. 2021-169, Laws of Florida.
RULE 8.347 cases. MOTION TO SUPPLEMENT ORDER OF
ADJUDICATION, DISPOSITION ORDER, AND
CASE PLAN
(a) Motion. After the court has entered an order of
adjudication of dependency, any party may file a motion for the
court to supplement the order of adjudication with findings that a
parent or legal custodian contributed to the dependency status of
the child under the statutory definition of a dependent child. The
motion may also request that the court supplement the disposition
order and the case plan.
(b) Contents. The motion must:
(1) identify the age, sex, and name of the children
whose parent or legal custodian is the subject of the motion;
(2) specifically identify the parent or legal custodian
who is the subject of the motion; and
(3) allege sufficient facts showing that a parent or legal
custodian contributed to the dependency status of the child under
the statutory definition of a dependent child.
(c) Verification. The motion must be signed under oath,
stating that the signer is filing the motion in good faith.
(d) Amendments. At any time before the conclusion of an
evidentiary hearing on the motion, an amended motion may be filed
or the motion may be amended by oral motion. A continuance may
be granted on motion and a showing that the amendment
prejudices or materially affects any party.
(e) Notice.
(1) In General. Parents or legal custodians who have
previously been properly served with the dependency petition or
who have previously appeared in the dependency proceeding must
be served with a notice of hearing and copies of the motion and the
initial order of adjudication of dependency in the same manner as
the service of documents that are filed after the service of the initial
dependency petition as provided in these rules. The notice must
require the person on whom it is served to appear for the
preliminary hearing on the motion at a time and place specified, not
less than 72 hours after service of the motion. The document
containing the notice to respond or appear must contain, in type at
least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(2) Summons.
(A) Parents or legal custodians who have not been
properly served with the dependency petition or who have not
previously appeared in the dependency proceeding must be properly
served with a summons and copies of the motion and the initial
order of adjudication of dependency. The summons must require
the person on whom it is served to appear for a preliminary hearing
on the motion at a time and place specified, not less than 72 hours
after service of the summons. The summons must contain, in type
at least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(B) On the filing of the motion and upon request,
the clerk must issue a summons.
(C) The movant is not required to serve a
summons on a parent or legal custodian who has previously been
properly served with the dependency petition or who has appeared
in the dependency proceeding.
(D) The summons must be served in the same
manner as service of a dependency petition as required by law.
(E) Service by publication of the motion is not
required.
(F) If the location of the party to be served is
unknown, the court may enter an order granting the motion only if
the movant has properly served the person subject to the motion,
the person subject to the motion has appeared in the proceeding, or
the movant has conducted a diligent search and filed with the court
an affidavit of diligent search.
(G) Appearance of any person in a hearing before
the court on the motion eliminates the requirement for serving
process on that person.
(H) A party may consent to service or summons by
e-mail by providing a primary e-mail address to the clerk of court.
(f) Preliminary Hearing on Motion.
(1) The court must conduct a preliminary hearing and
determine whether the parent or legal custodian who is the subject
of the motion:
(A) has been properly served with the summons or
notice, and with copies of the motion and initial order of
adjudication of dependency;
(B) is represented by counsel or is entitled to
appointed counsel as provided by law; and
(C) wishes to challenge the motion or consent to
the court granting the motion.
(2) If the parent or legal custodian who is the subject of
the motion wishes to challenge the motion, the court must schedule
an evidentiary hearing on the motion within 30 days.
(3) If the parent or legal custodian who is the subject of
the motion wishes to consent to the motion without admitting or
denying the allegations of the motion, the court must enter an order
supplementing the initial order of adjudication of dependency based
on the sworn allegations of the motion. Failure of the person
properly served with notice to appear at the preliminary hearing on
the motion constitutes the person’s consent to the court’s finding
that the person contributed to the dependency status of the child
under the statutory definition of a dependent child.
(g) Evidentiary Hearing.
(1) Hearing Procedures. The hearing must be conducted
in the same manner and with the same procedures as the
adjudicatory hearing on the dependency petition as provided in
these rules.
(2) Motion for Judgment Denying Motion. In all
proceedings, if at the close of the evidence for the movant, the court
is of the opinion that the evidence is insufficient to warrant findings
that a parent or legal custodian contributed to the dependency
status of the child under the statutory definition of a dependent
child, it may, and on the motion of any party must, enter an order
denying the motion for insufficiency of the evidence.
(3) Denial of Motion. If the court, at the conclusion of
the evidence, finds that the allegations in the motion have not been
sustained, the court must enter an order denying the motion.
(4) Granting of the Motion. If the court finds that the
movant has proven the allegations of the motion, the court must
enter an order granting the motion as provided in these rules.
(5) Failure to Appear. If a person appears for the
preliminary hearing on the motion and the court orders that person
to appear at the evidentiary hearing on the motion, stating the date,
time, and place of the evidentiary hearing, then that person’s failure
to appear for the scheduled evidentiary hearing constitutes consent
to the court’s finding that the person contributed to the dependency
status of the child under the statutory definition of a dependent
child.
(h) Supplemental Order of Adjudication.
(1) If the parent or legal custodian consents to the
motion and its allegations or if the court finds that the movant has
proven the allegations of the motion at an evidentiary hearing, the
court must enter a written order granting the motion and specifying
facts that support findings that a parent or legal custodian
contributed to the dependency status of the child under the
statutory definition of a dependent child and stating whether the
court made the finding by a preponderance of the evidence or by
clear and convincing evidence.
(2) If necessary, the court must schedule a
supplemental disposition hearing within 15 days.
(3) The court must advise the parent who is the subject
of the motion that if the parent fails to substantially comply with
the case plan, parental rights may be terminated.
(4) If the child is in out-of-home placement, the court
must inquire of the parents whether the parents have relatives who
might be considered as placement for the child. The parents must
provide to the court and to all parties the identity and location of
the relatives.
(i) Supplemental Disposition Hearing.
(1) Hearing. If necessary, the court must conduct a
supplemental disposition hearing under the same procedures for a
disposition hearing and case plan review hearing as provided by
law.
(2) Supplemental Reports and Case Plan.
(A) A written case plan and any reports required
by law prepared by an authorized agent of the department must be
filed with the court, served on the parents of the child, provided to
the representative of the guardian ad litem office, if the office has
been appointed, and provided to all other parties not less than 72
hours before the supplemental disposition hearing.
(B) The court may grant an exception to the
requirement for any reports required by law by separate order or
within the judge’s order of disposition upon a finding that all the
family and child information required by law is available in other
documents filed with the court.
(3) Supplemental Order of Disposition. The court must
in its written supplemental order of disposition include:
(A) the placement or custody of the child;
(B) special conditions of placement and visitation;
(C) evaluation, counseling, treatment activities,
and other actions to be taken by the parties, when ordered;
(D) the names of the supervising or monitoring
agencies, and the continuation or discharge of the guardian ad
litem, when appropriate;
(E) the date, time, and location for the next case
review as required by law;
(F) child support payments, if the child is in an
out-of-home placement;
(G) if the child is placed in foster care, the reasons
why the child was not placed in the legal custody of an adult
relative, legal custodian, or other adult approved by the court;
(H) approval of the case plan and any reports
required by law or direction to amend the case plan within 30 days;
and
(I) such other requirements as are deemed
necessary to protect the health, safety, and well-being of the child.
RULE 8.350 cases. 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.
RULE 8.355 cases. ADMINISTRATION OF PSYCHOTROPIC
MEDICATION TO A CHILD IN SHELTER CARE OR
IN FOSTER CARE WHEN PARENTAL CONSENT
HAS NOT BEEN OBTAINED
(a) Motion for Court Authorization for Administration of
Psychotropic Medications.
(1) Whenever the department believes that a child in its
physical or legal custody requires the administration of a
psychotropic medication, and the child’s parents or legal guardians
have not provided express and informed consent as provided by
law, the department or its agent shall file a motion with the court to
authorize the administration of the psychotropic medication before
the administration of the medication, except as provided in
subdivision (c) of this rule. In all cases in which a motion is
required, the motion shall include the following information:
(A) the written report of the department describing
the efforts made to enable the prescribing physician or psychiatric
nurse to obtain express and informed consent for providing the
medication to the child and describing other treatments considered
or recommended for the child;
(B) the prescribing physician’s or psychiatric
nurse’s signed medical report, as required by law; and
(C) whether the prescribing physician or
psychiatric nurse has obtained the child’s assent to take the
medication.
(2) If the child declines to assent to the proposed
administration of psychotropic medication the court shall appoint
an attorney to represent the child and a hearing shall be held on
the department’s motion. The appointment shall conform to the
provisions of rule 8.231.
(3) The department must serve a copy of the motion,
and notify all parties and the child’s attorney, if appointed, of its
proposed administration of psychotropic medication to the child in
writing, or by whatever other method best ensures that all parties
receive notification of the proposed action, within 48 hours after
filing the motion for court authorization.
(4) If any party other than the child objects to the
proposed administration of the psychotropic medication to the
child, that party must file its objection within 2 working days after
being notified of the department’s motion.
(b) Court Action on Department’s Motion for
Administration of Psychotropic Medication.
(1) If the child assents and no party timely files an
objection to the department’s motion, the court may enter its order
authorizing the proposed administration of the psychotropic
medication without a hearing. Based on its determination of the
best interests of the child, the court may order additional medical
consultation or require the department to obtain a second opinion
within a reasonable time, not more than 21 calendar days. When
the court orders an additional medical consultation or second
medical opinion, the department shall file a written report including
the results of this additional consultation or a copy of the second
medical opinion with the court within the time required by the
court, and shall serve a copy of the report as required by
subdivision (a)(2) of this rule.
(2) If the child does not assent to the medication or any
party timely files its objection to the proposed administration of the
psychotropic medication to the child, the court shall hold a hearing
as soon as possible on the department’s motion.
(A) At such hearing, the medical report of the
prescribing physician or psychiatric nurse is admissible in
evidence.
(B) At such hearing, the court shall ask the
department whether additional medical, mental health, behavioral,
counseling, or other services are being provided to the child that the
prescribing physician or psychiatric nurse considers to be
necessary or beneficial in treating the child’s medical condition, and
which the physician or psychiatric nurse recommends or expects to
be provided to the child with the medication.
(C) The court may order additional medical
consultation or a second medical opinion, as provided in
subdivision (b)(1) of this rule.
(D) After considering the department’s motion and
any testimony received, the court may order that the department
provide or continue to provide the proposed psychotropic
medication to the child, on a determination that it is in the child’s
best interest to do so.
(c) Emergency Situations.
(1) Shelter Care. When a child is initially removed from
the home and taken into custody under section 39.401, Florida
Statutes, and the department continues to administer a current
prescription of psychotropic medication to the child, the department
shall request court authorization for the continued administration
of the medication at the shelter hearing. This request shall be
included in the shelter petition.
(A) The department shall provide all information
in its possession to the court in support of its request at the shelter
hearing. The court may authorize the continued administration of
the psychotropic medication only until the arraignment hearing on
the petition for adjudication, or for 28 days following the date of the
child’s removal, whichever occurs first.
(B) When the department believes, based on the
required physician’s evaluation, that it is appropriate to continue
the psychotropic medication beyond the time authorized by the
court at the shelter hearing, the department shall file a motion
seeking continued court authorization at the same time as it files
the dependency petition, within 21 days after the shelter hearing.
(2) When Delay Would Cause Significant Harm.
Whenever the department believes, based on the certification of the
prescribing physician or psychiatric nurse, that delay in providing
the prescribed psychotropic medication to the child would, more
likely than not, cause significant harm to the child, the department
must submit a motion to the court seeking continuation of the
medication within 3 working days after the department begins
providing the medication to the child.
(A) The motion seeking authorization for the
continued administration of the psychotropic medication to the
child shall include all information required in subdivision (a)(1) of
this rule. The required medical report must also include the specific
reasons why the child may experience significant harm, and the
nature and the extent of the potential harm, resulting from a delay
in authorizing the prescribed medication.
(B) The department shall serve the motion on all
parties within 3 working days after the department begins providing
the medication to the child.
(C) The court shall hear the department’s motion
at the next regularly scheduled court hearing required by law, or
within 30 days after the date of the prescription, whichever occurs
sooner. However, if any party files an objection to the motion, the
court shall hold a hearing within 7 days.
(3) In Emergency Psychiatric Placements. The
department may authorize the administration of psychotropic
medications to a child in its custody in advance of a court order in
hospitals, crisis stabilization units, and in statewide inpatient
psychiatric programs. Should the department do so, it must seek
court authorization for the continued administration of the
medication as required in subdivision (a) of this rule.
D. CASE PLANS
RULE 8.400 cases. CASE PLAN DEVELOPMENT
(a) Case Planning Conference. The case plan must be
developed in a face-to-face conference with the parents, the
guardian ad litem, attorney ad litem and, if appropriate, the child
and the temporary custodian of the child.
(b) Contents. The case plan must be written simply and
clearly in English and the principal language of the parents, if
possible. Each case plan must contain:
(1) a description of the problem being addressed,
including the parent’s behavior or acts resulting in risk to the child
and the reason for the intervention by the department;
(2) a permanency goal;
(3) if it is a concurrent plan, a description of the
permanency goal of reunification with the parent or legal custodian
and one of the remaining permanency goals;
(4) the date the compliance period expires;
(5) a written notice to the parent that it is the parent’s
responsibility to take action to comply with the case plan so
permanency with the child may occur within the shortest period of
time possible, but no later than 1 year after removal or adjudication
of the child; the parent must notify the parties and the court of
barriers to completing case plan tasks within a reasonable time
after discovering such barriers if the parties are not actively working
to overcome them; failure of the parent to substantially comply with
the case plan may result in the termination of parental rights, and
that a material breach of the case plan by the parent’s action or
inaction may result in the filing of a petition for termination of
parental rights sooner than the expiration of the compliance period;
(6) a written notice to the parents and caregivers that it
is their responsibility to take action to work together where it is safe
to do so towards the success of the case plan; and
(7) if the parent is incarcerated, the list of services
available at the facility.
(c) Expiration of Case Plan. The case plan compliance
period expires no later than 12 months after the date the child was
initially removed from the home or the date the case plan was
accepted by the court, whichever occurs first.
(d) Department Responsibility.
(1) The department shall prepare a draft of a case plan
for each child receiving services under Chapter 39, Florida Statutes.
(2) The department shall document, in writing, a
parent’s unwillingness or inability to participate in the development
of the case plan, provide the written documentation to the parent
when available for the court record, and prepare a case plan.
(3) Before signing the case plan, the department must
explain the provisions of the plan to all persons involved in its
implementation, including, when appropriate, the child. The
department shall ensure that the parent has contact information for
all entities necessary to complete the tasks in the plan. The
department must explain the strategies included in the plan which
the parent can use to overcome barriers to case plan compliance
and shall explain that if a barrier is discovered and the parties are
not actively working to overcome such barrier, the parent must
notify the parties and the court within a reasonable time after
discovering such barrier.
(4) After the case plan has been developed, and before
acceptance by the court, the department shall make the appropriate
referrals for services that will allow the parents to begin the agreed-
upon tasks and services immediately if the parents agree to begin
compliance.
(5) The department must immediately give the parties,
including the child if appropriate, a signed copy of the agreed-upon
case plan.
(6) The department must prepare, but need not submit
to the court, a case plan for a child who will be in care no longer
than 30 days unless that child is placed in out of home care a
second time within a 12-month period.
(7) The department must prepare a case plan for a
child in out of home care within 60 days after the department
removes the child from the home and shall submit the plan to the
court before the disposition hearing for the court to review and
approve.
(8) Not less than 3 business days before the disposition
or case plan review hearing, the department must file a case plan
with the court.
(9) After jurisdiction attaches, the department shall file
with the court all case plans, including all case plans prepared
before jurisdiction of the court attached. The department shall
provide a copy of the case plans filed to all the parties whose
whereabouts are known, not less than 3 business days before the
disposition or case plan review hearing.
(10) The department must attach a copy of the child’s
transition plan, if applicable, to the case plan.
(e) Signature. The case plan must be signed by all parties
except the child, if the child is not of an age or capacity to
participate in the case planning process.
(f) Service. Each party, including the child, if appropriate,
must be provided with a copy of the case plan not less than 3
business days before the disposition or case plan review hearing. If
the location of a parent is unknown, this fact must be documented
in writing and included in the plan.
RULE 8.401 cases. CASE PLAN DEVELOPMENT FOR YOUNG ADULTS
(a) Case Planning Conference. The case plan must be
developed in a face-to-face conference with the young adult, the
guardian ad litem, attorney ad litem and, when appropriate, the
legal guardian of the young adult, if the young adult is not of the
capacity to participate in the case planning process.
(b) Contents. The case plan must be written simply and
clearly in English and the principal language of the young adult.
Each case plan must contain:
(1) a description of the services, including independent
living services, to be provided to the young adult;
(2) a copy of the young adult’s transition plan;
(3) the permanency goal of transition from licensed
care to independent living; and
(4) the date the compliance period expires.
(c) Department Responsibility.
(1) After the case plan has been developed, the
department must prepare the written case plan for each young
adult receiving services under Chapter 39, Florida Statutes.
(2) After the case plan has been developed, and before
acceptance by the court, the department must make the
appropriate referrals for services that will allow the young adult to
begin receiving the agreed-upon services immediately.
(3) The department must immediately provide the
young adult a signed copy of the agreed-upon case plan.
(4) Not less than 3 business days before a judicial
review or permanency hearing, the department must file the case
plan with the court.
(5) The department must attach a copy of the young
adult’s transition plan to the case plan.
(d) Signature. The case plan must be signed by the young
adult, all parties and, when appropriate, the legal guardian if the
young adult is not of the capacity to participate in the case
planning process.
(e) Service. Each party must be served with a copy of the
case plan not less than 3 business days before the judicial review
hearing. If the location of the young adult is unknown, this fact
must be documented in writing and filed with the court.
(f) Re-admitted to Care. If the department petitions the
court for reinstatement of jurisdiction after a young adult has been
re-admitted to care under Chapter 39, Florida Statutes, the
department must file an updated case plan.
RULE 8.410 cases. APPROVAL OF CASE PLANS
(a) Hearing. The court shall review the contents of the case
plan at the disposition or case plan review hearing unless a
continuance for the filing of the case plan has been granted by the
court.
(b) Determinations by Court. At the hearing, the court
shall determine if:
(1) The plan is consistent with the previous orders of
the court placing the child in care.
(2) The plan is consistent with the requirements for the
content of a case plan as provided by law.
(3) The parents were advised of their right to have
counsel present at all prior hearings and the parents were advised
of their right to participate in the preparation of the case plan and
to have counsel or any other person assist in the preparation of the
case plan.
(4) The case plan is meaningful and designed to
address the facts, circumstances, and problems on which the court
based its order of dependency for the child.
(5) The plan adequately addresses the goals and needs
of the child.
(c) Amendment of Initial Case Plan. During the hearing, if
the court determines that the case plan does not meet statutory
requirements and include previous court orders, it shall order the
parties to make amendments to the plan. The amended plan must
be submitted to the court within 30 days for another hearing and
approval. A copy of the amended plan must be provided to each
party, if the location of the party is known, at least 3 business days
before filing with the court. If the parties do not agree on the final
terms, the court shall order those conditions and tasks it believes
must be accomplished to obtain permanency for the child. In
addition, the court may order the department to provide those
services necessary to assist in achieving the goal of the case plan.
(d) Entry of Findings. The court shall enter its findings with
respect to the review of the case plan in writing and make specific
findings on each element required by law to be included in a case
plan.
(e) Review Hearing. The court will set a hearing to review
the performance of the parties to the case plan no later than 90
days after the disposition hearing or the hearing at which the case
plan was approved, 6 months from the date on which the child was
removed from the home, or 6 months from the date of the last
judicial review, whichever comes first.
RULE 8.415 cases. JUDICIAL REVIEW OF DEPENDENCY CASES
(a) Required Review. All dependent children must have
their status reviewed as provided by law. Any party may petition the
court for a judicial review as provided by law.
(b) Scheduling Hearings.
(1) Initial Review Hearing. The court must determine
when the first review hearing must be held and the clerk of the
court must immediately schedule the review hearing. In no case
may the hearing be scheduled for later than 6 months from the date
of removal from the home or 90 days from the disposition or case
plan approval hearing, whichever comes first. In every case, the
court must conduct a judicial review at least every 6 months.
(2) Subsequent Review Hearings. At each judicial review
hearing, the court must schedule the next judicial review hearing
which must be conducted within 6 months. The clerk of the court,
at the judicial review hearing, must provide the parties, the social
service agency charged with the supervision of care, custody, or
guardianship of the child, the foster parent or caregiver in whose
home the child resides, any preadoptive parent, and such other
persons as the court may direct with written notice of the date,
time, and location of the next judicial review hearing.
(3) Review Hearings for Children 16 Years of Age. The
court must provide the child and the guardian ad litem the
opportunity to address the court and must review the child’s
independent living transition services. The foster parent, legal
custodian, or guardian ad litem may also provide any information
relevant to the child’s best interest to the court. At the first hearing
after the child’s 16th birthday, the court must inquire about the life
skills the child has acquired and whether they are age-appropriate,
and the department must provide a report that includes specific
information as to the life skills the child has acquired since the
child’s 13th birthday, or since the child came into foster care,
whichever came later.
(4) Review Hearings for Children 17 Years of Age. The
court must hold a judicial review hearing within 90 days after a
child’s 17th birthday. The court must also issue an order, separate
from the order on judicial review, that the specific disabilities of
nonage of the child have been removed under sections 743.044,
743.045, 743.046, and 743.047, Florida Statutes, as well as any
other disabilities of nonage that the court finds to be in the child’s
best interest to remove. The court must continue to hold timely
judicial review hearings. The department must update the child’s
transition plan before each judicial review hearing as required by
law. If necessary, the court may review the status of the child more
frequently during the year before the child’s 18th birthday. At the
last review hearing before the child reaches 18 years of age, the
court must also address whether the child plans to remain in foster
care, and, if so, ensure that the child’s transition plan complies
with the law. It must also determine whether the child has entered
into a formal agreement with a supportive adult. The court must
approve the child’s transition plan before the child’s 18th birthday.
(5) Review Hearings for Young Adults in Foster Care.
The court must review the status of a young adult at least every six
months and must hold a permanency review hearing at least
annually while the young adult remains in foster care. The young
adult or any other party to the dependency case may request an
additional hearing or judicial review.
(c) Report. In all cases, the department or its agent must
prepare a report to the court. The report must contain facts
showing the court to have jurisdiction of the cause as a dependency
case. It must contain information as to the identity and residence of
the parent, if known, and the caregiver, the dates of the original
dependency adjudication and any subsequent judicial review
proceedings, the results of any safe-harbor placement assessment
including the status of the child’s placement, and a request for one
or more of the following forms of relief:
(1) that the child’s placement be changed;
(2) that the case plan be continued to permit the
parents or social service agency to complete the tasks assigned to
them in the agreement;
(3) that proceedings be instituted to terminate parental
rights and legally free the child for adoption; or
(4) that the child has a special need as defined in
section 39.01305, Florida Statutes, who is not represented by an
attorney, and who requires appointment of an attorney.
(d) Service. A copy of the report containing
recommendations and, if not previously provided by the court, a
notice of review hearing must be served on all persons who are
required by law to be served at least 72 hours before the judicial
review hearing.
(e) Information Available to Court. At the judicial review
hearing the court may receive any relevant and material evidence
pertinent to the cause. This must include written reports required
by law and may include, but must not be limited to, any psychiatric
or psychological evaluations of the child or parent, caregiver that
may be obtained and that are material and relevant. This evidence
may be received by the court and relied on to the extent of its
probative value, even though it may not be competent in an
adjudicatory hearing.
(f) Court Action.
(1) The court must hold a hearing to review the
compliance of the parties with the case plan and to determine what
assigned tasks were and were not accomplished and the reasons for
any noncompliance. The court must also determine the frequency,
kind, and duration of contracts among siblings who have been
separated during placement, as well as any efforts undertaken to
reunite separated siblings, if doing so is in the best interest of each
child.
(2) If the court determines that the circumstances that
caused the out-of-home placement, and any issues subsequently
identified, have been remedied to the extent that returning the child
to the home with an in-home safety plan prepared or approved by
the department will not be detrimental to the child’s safety, well-
being, and physical, mental, and emotional health, the court must
return the child to the custody of the parents.
(3) If the court finds that the social service agency has
not complied with its obligations, the court may find the social
service agency to be in contempt, must order the social service
agency to submit its plan for compliance with the case plan, and
must require the social service agency to show why the child could
not be safely returned to the home of the parents. If the court finds
that the child could not be safely returned to the parents, it must
extend the case plan for a period of not more than 6 months to
allow the social service agency to comply with its obligations under
the case plan.
(4) At any judicial review held under section 39.701(3),
Florida Statutes, if, in the opinion of the court, the department has
not met its obligations to the child as stated in the written case plan
or in the provision of independent living services, the court may
issue an order directing the department to show cause as to why it
has not done so. If the department cannot justify its
noncompliance, the court may give the department 30 days within
which to comply and, on failure to comply, the court may hold the
department in contempt.
(5) The court must appoint an attorney to represent a
child with special needs as required by rule 8.231, and who is not
already represented by an attorney.
(6) If, at any judicial review, the court determines that
the child must remain in out-of-home care in a placement other
than with a parent, the court must order that the department has
placement and care responsibility for the child.
(7) The court must enter a written order on the
conclusion of the review hearing including a statement of the facts,
those findings it was directed to determine by law, a determination
of the future course of the proceedings, and the date, time, and
place of the next hearing.
(8) When a young adult is in extended foster care, each
judicial review order must provide that the department has
placement and care responsibility for the young adult. When a
young adult is in extended foster care, the court must enter an
order at least every 12 months that includes a finding of whether
the department has made reasonable efforts to finalize the
permanency plan currently in effect.
(g) Jurisdiction.
(1) When a child is returned to the parents, the court
must not terminate its jurisdiction over the child until 6 months
after the return. Based on a report of the department and any other
relevant factors, the court must then determine whether
jurisdiction should be continued or terminated. If its jurisdiction is
to be terminated, it must enter an order to that effect. The court
must retain jurisdiction over a child if the child is placed in the
home with a parent or caregiver with an in-home safety plan and
such safety plan remains necessary for the child to reside safely in
the home.
(2) When a child has not been returned to the parent,
but has been permanently committed to the department for
subsequent adoption, the court must continue to hold judicial
review hearings on the status of the child at least every 6 months
until the adoption is finalized. These hearings must be held in
accordance with these rules.
(3) If a young adult petitions the court at any time
before his or her 19th birthday requesting the court’s continued
jurisdiction, the court may retain or reinstate jurisdiction for a
period of time not to continue beyond the date of the young adult’s
19th birthday for the purpose of determining whether appropriate
services that were required to be provided to the young adult before
reaching 18 years of age have been provided.
(4) If a young adult has chosen to remain in extended
foster care after he or she has reached 18 years of age, the
department may not close a case and the court may not terminate
jurisdiction until the court finds, following a hearing, that the
appropriate statutory criteria have been met.
(5) If the young adult elects to voluntarily leave
extended foster care for the sole purpose of ending a removal
episode and immediately thereafter executes a voluntary placement
agreement with the department to reenroll in extended foster care,
the court must enter an order finding that the prior removal episode
has ended. Under these circumstances, the court maintains
jurisdiction and a petition to reinstate jurisdiction as provided by
law is not required. When a young adult enters extended foster care
by executing a voluntary placement agreement, the court must
enter an order within 180 days after execution of the agreement
that determines whether the placement is in the best interest of the
young adult.
(6) If a petition for special immigrant juvenile status
and an application for adjustment of status have been filed on
behalf of a foster child and the petition and application have not
been granted by the time the child reaches 18 years of age, the
court may retain jurisdiction solely for the purpose of allowing the
continued consideration of the petition and application by federal
authorities. Review hearings must be set solely for the purpose of
determining the status of the petition and application. The court’s
jurisdiction must terminate on the final decision of the federal
authorities, or on the immigrant child’s 22nd birthday, whichever
occurs first.
(h) Administrative Review. The department, under a formal
agreement with the court in particular cases, may conduct
administrative reviews instead of judicial reviews for children in
out-of-home placement. Notice must be provided to all parties. An
administrative review may not be substituted for the first judicial
review or any subsequent 6-month review. Any party may petition
the court for a judicial review as provided by law.
(i) Concurrent Planning.
(1) At the initial judicial review hearing, the court must
make findings regarding the likelihood of the child’s reunification
with the parent or legal custodian within 12 months after the
removal of the child from the home. In making such findings, the
court must consider the level of the parent or legal custodian’s
compliance with the case plan and demonstrated change in
protective capacities compared to that necessary to achieve timely
reunification within 12 months after the removal of the child from
the home. The court must also consider the frequency, duration,
manner, and level of engagement of the parent or legal custodian’s
visitation with the child in compliance with the case plan.
(2) If the court makes a written finding that it is not
likely that the child will be reunified with the parent or legal
custodian within 12 months after the child was removed from the
home, the department must file a motion to amend the case plan
and declare that it will use concurrent planning for the case plan.
(3) The department must file the motion to amend the
case plan no later than 10 business days after receiving the written
finding of the court and attach the proposed amended case plan to
the motion.
(4) If concurrent planning is already being used, the
case plan must document the efforts the department is making to
complete the concurrent goal.
Committee Notes
1991 Adoption. The rule allows for certain forms of relief
pertinent to foster care review. It allows the court to order
commencement of a termination of parental rights proceeding if the
parents are not in compliance. The court is also permitted to extend
or modify the plan.
2022 Amendment. Section (b) of this rule was amended in
response to ch. 2021-169, Laws of Florida.
RULE 8.420 cases. CASE PLAN AMENDMENTS
(a) Modifications. After the case plan has been developed,
the tasks and services agreed upon in the plan may not be changed
or altered except as follows.
(1) The case plan may be amended at any time to
change the goal of the plan, employ the use of concurrent planning,
add or remove tasks the parent must complete to substantially
comply with the plan, provide appropriate services for the child, and
update the child’s health, mental health, and education records.
(2) The case plan may be amended on approval of the
court if all parties are in agreement regarding the amendments to
the plan and the amended plan is signed by all parties and
submitted to the court with a memorandum of explanation.
(3) The case plan may be amended by the court or on
motion of any party at any hearing to change the goal of the plan,
employ the use of concurrent planning, or add or remove the tasks
the parent must complete in order to substantially comply with the
plan, if there is a preponderance of evidence demonstrating the
need for the amendment.
(4) The case plan may be amended by the court or on
motion of any party at any hearing to provide appropriate services
to the child if there is competent evidence demonstrating the need
for the amendment.
(5) The case plan is deemed amended as to the child’s
health, mental health, and education records when the child’s
updated health and education records are filed by the department.
When determining whether to amend the case plan, the court
must consider the length of time the case has been open, the level
of parental engagement to date, the number of case plan tasks
completed, the child’s type of placement and attachment, and the
potential for successful reunification.
(b) Basis to Amend the Case Plan. The need to amend the
case plan may be based on information discovered or circumstances
arising after the approval of the case plan for:
(1) a previously unaddressed condition that, without
services, may prevent the child from safely returning to or
remaining in the home;
(2) the child’s need for permanency;
(3) the failure of a party to substantially comply with a
task in the original case plan, including the ineffectiveness of a
previously offered service;
(4) an error or oversight in the case plan;
(5) information discovered or circumstances arising
after the approval of the plan regarding the provision of safe and
proper care for the child; or
(6) incarceration of a parent after a case plan has been
developed if the parent’s incarceration has an impact on
permanency for the child, including, but not limited to:
(A) modification of provisions regarding visitation
and contact with the child;
(B) identification of services within the facility; or
(C) changing the permanency goal or establishing
a concurrent case plan goal.
(c) Service. A copy of the amended plan must be
immediately given to all parties.
RULE 8.425 cases. PERMANENCY HEARINGS
(a) Required Review. A permanency hearing must be held
no later than 12 months after the date the child was removed from
the home or within 30 days after a court determines that
reasonable efforts to return a child to either parent are not
required, whichever occurs first. A permanency hearing must be
held at least every 12 months for any child who continues to be
supervised by the department or awaits adoption.
(b) Determinations at Hearing.
(1) The court must determine:
(A) whether the current permanency goal for the
child is appropriate or should be changed;
(B) when the child will achieve one of the
permanency goals;
(C) whether the department has made reasonable
efforts to finalize the permanency plan currently in effect; and
(D) whether the frequency, duration, manner, and
level of engagement of the parent or legal guardian’s visitation with
the child meets the case plan requirements.
(2) The court must approve a permanency goal for the
child as provided by law choosing from the following options, listed
in order of preference:
(A) reunification;
(B) adoption, if a petition for termination of
parental rights has been or will be filed;
(C) permanent guardianship of a dependent child
under section 39.6221, Florida Statutes;
(D) permanent placement with a fit and willing
relative under section 39.6231, Florida Statutes; or
(E) placement in another planned permanent
living arrangement under section 39.6241, Florida Statutes.
(3) The best interest of the child is the primary
consideration in determining the permanency goal. The court must
also consider the reasonable preference of the child if the court has
found the child to be of sufficient intelligence, understanding, and
experience to express a preference and any recommendation of the
guardian ad litem.
(c) Case Plan. The case plan must list the tasks necessary
to finalize the permanency placement and must be amended at the
permanency hearing if necessary. If a concurrent case plan is in
place, the court must approve a single goal that is in the child’s
best interest.
(d) Permanency Order.
(1) The findings of the court regarding reasonable
efforts to finalize the permanency plan must be explicitly
documented, made on a case-by-case basis, and stated in the court
order.
(2) The court must enter an order approving the
permanency goal for the child.
(3) If the court approves a permanency goal of
permanent guardianship of a dependent child, placement with a fit
and willing relative, or another planned permanent living
arrangement, the court must make findings as to why this
permanent placement is established without adoption of the child to
follow. The department and the guardian ad litem must provide the
court with a recommended list and description of services needed
by the child, such as independent living services and medical,
dental, educational, or psychological referrals, and a recommended
list and description of services needed by his or her caregiver. For
children with another planned permanent living arrangement case
plan goal, the guardian ad litem must also advise the court whether
the child has been connected with a supportive adult and, if so,
whether the child has entered into a formal agreement with the
adult as provided by law. It is the guardian ad litem’s responsibility
to ensure the agreement is documented in the child’s court file.
(4) If the court establishes a permanent guardianship
for the child, the court’s written order must:
(A) transfer parental rights with respect to the
child relating to protection, education, care and control of the
person, custody of the person, and decision-making on behalf of the
child to the permanent guardian;
(B) list the circumstances or reasons why the
child’s parents are not fit to care for the child and why reunification
is not possible by referring to specific findings of fact made in its
order adjudicating the child dependent or by making separate
findings of fact;
(C) state the reasons why a permanent
guardianship is being established instead of adoption;
(D) specify the frequency and nature of visitation
or contact between the child and his or her parents, siblings, and
grandparents; and
(E) require that the permanent guardian not
return the child to the physical care and custody of the person from
whom the child was removed without the approval of the court; and
(F) state whether the child demonstrates a strong
attachment to the prospective permanent guardian and such
guardian has a strong commitment to permanently caring for the
child.
(5) The court must retain jurisdiction over the case and
the child must remain in the custody of the permanent guardian
unless the order creating the permanent guardianship is modified
by the court. The court must discontinue regular review hearings
and relieve the department of the responsibility for supervising the
placement of the child. Notwithstanding the retention of
jurisdiction, the placement must be considered permanency for the
child.
(6) If the court permanently places a child with a fit
and willing relative, the court’s written order must:
(A) list the circumstances or reasons why
reunification is not possible by referring to specific findings of fact
made in its order adjudicating the child dependent or by making
separate findings of fact;
(B) state the reasons why permanent placement
with a fit and willing relative is being established instead of
adoption;
(C) specify the frequency and nature of visitation
or contact between the child and his or her parents, siblings, and
grandparents; and
(D) require that the relative not return the child to
the physical care and custody of the person from whom the child
was removed without the approval of the court.
(7) If the court establishes another planned permanent
living arrangement as the child’s permanency option:
(A) The court must find that a more permanent
placement, such as adoption, permanent guardianship, or
placement with a fit and willing relative, is not in the best interests
of the child.
(B) The department must document reasons why
the placement will endure and how the proposed arrangement will
be more stable and secure than ordinary foster care.
(C) The court must find that the health, safety,
and well-being of the child will not be jeopardized by such an
arrangement.
(D) The court must find that compelling reasons
exist to show that placement in another planned permanent living
arrangement is the most appropriate permanency goal.
(e) Entry of Separate Order Establishing Permanency. If
the court permanently places a child in a permanent guardianship
or with a fit and willing relative, the court must enter a separate
order establishing the authority of the permanent guardian or
relative to care for the child, reciting that individual’s powers and
authority with respect to the child and providing any other
information the court deems proper which can be provided to
persons who are not parties to the proceeding as necessary,
notwithstanding the confidentiality provisions of Chapter 39,
Florida Statutes.
(f) Recommendations for Sustaining Permanency. If the
court approves a goal of placement with a fit and willing relative or
another planned permanent living arrangement, the department
and the guardian ad litem must provide the court with a
recommended list and description of services needed by the child,
and a recommended list and description of services needed by his
or her caregiver.
RULE 8.430 cases. MODIFICATION OF PERMANENCY ORDER
(a) Best Interests of Child. The permanency placement is
intended to continue until the child reaches the age of majority and
may not be disturbed absent a finding by the court that the
circumstances of the permanency placement are no longer in the
best interest of the child.
(b) Request for Modification by a Parent.
(1) If, after a child is residing in the permanent
placement approved at the permanency hearing, a parent who has
not had his or her parental rights terminated makes a motion for
reunification or increased contact with the child, the court shall
first hold a hearing to determine whether the dependency case
should be reopened and whether there should be a modification of
the order. At the hearing, the parent must demonstrate that the
safety, well-being, and physical, mental, and emotional health of
the child is not endangered by the modification.
(2) The court shall base its decision concerning any
motion by a parent for reunification or increased contact with a
child on the effect of the decision on the safety, well-being, and
physical and emotional health of the child. Factors that must be
considered and addressed in the findings of fact of the order on the
motion must include:
(A) the compliance or noncompliance of the parent
with the case plan;
(B) the circumstances which caused the child’s
dependency and whether those circumstances have been resolved;
(C) the stability and length of the child’s
placement;
(D) the preference of the child, if the child is of
sufficient age and understanding to express a preference;
(E) the recommendation of the current custodian;
and
(F) the recommendation of the guardian ad litem,
if one has been appointed.
RULE 8.435 cases. REINSTATEMENT OF JURISDICTION FOR
YOUNG ADULT
(a) Petition for Reinstatement of Jurisdiction.
(1) If a young adult who is between the ages of 18 and
21, or 22 if the young adult has a disability, is re-admitted to foster
care, the department shall petition the court to reinstate
jurisdiction over the young adult.
(2) The petition for reinstatement of jurisdiction must
be in writing and specify that the young adult meets the eligibility
requirements for readmission to foster care as provided by law. The
petition shall indicate whether the young adult has a special need
requiring appointment of counsel as required by section 39.01305,
Florida Statutes. The petition is not required to be sworn and
notarized.
(3) The department shall serve the young adult and any
party a copy of the petition for reinstatement of jurisdiction.
(b) Hearing on Petition for Reinstatement of
Jurisdiction.
(1) Upon filing of the petition for reinstatement of
jurisdiction, the court shall schedule and conduct a hearing on the
petition for reinstatement of jurisdiction.
(2) The department shall serve the young adult and any
party a notice of the hearing on the petition for reinstatement of
jurisdiction.
(c) Order on Petition for Reinstatement of Jurisdiction.
(1) If the department establishes that the young adult
meets the eligibility requirements for readmission to foster care as
provided by law, the court shall enter an order reinstating
jurisdiction over the young adult.
(2) In the order reinstating jurisdiction, the court shall
schedule a judicial review hearing to take place within 6 months.
(3) The court shall appoint an attorney to represent a
young adult with special needs as defined in section 39.01305,
Florida Statutes, who is not already represented by an attorney.
RULE 8.445 cases. PETITION FOR ADJUDICATION AND
PERMANENT COMMITMENT
(a) Petition.
(1) If both parents of a child are deceased or the last
known living parent of a child is deceased and a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding, then an attorney for the department or any other
person who has knowledge of the facts alleged or is informed of the
alleged facts, and believes them to be true, may initiate a
proceeding by filing a petition for adjudication and permanent
commitment. If the child has already been adjudicated dependent, a
petition for permanent commitment may be filed.
(2) If a child has been placed in shelter status by order
of the court but has not yet been adjudicated, a petition for
adjudication and permanent commitment must be filed within 21
days after the shelter hearing. In all other cases, the petition must
be filed within a reasonable time after the date the petitioner first
becomes aware of the facts that support the petition for
adjudication and permanent commitment.
(b) Contents. The petition must:
(1) Be in writing;
(2) Identify the alleged deceased parents;
(3) Provide facts that establish that both parents of the
child are deceased, or that the last known living parent is deceased;
and
(4) Allege that a legal custodian has not been appointed
for the child through a probate or guardianship proceeding.
(c) Verification. The petition must be signed by the
petitioner under oath stating the petitioner’s good faith in filing the
petition.
(d) Adjudicatory Hearing. When a petition for adjudication
and permanent commitment or a petition for permanent
commitment has been filed, the clerk of court must set the case
before the court for an adjudicatory hearing.
(1) The adjudicatory hearing must be held as soon as
practicable after the petition is filed, but no later than 30 days after
the filing date.
(2) Notice of the date, time, and place of the
adjudicatory hearing and a copy of the petition must be served on
the following persons:
(A) Any person who has physical custody of the
child;
(B) A living relative of each parent of the child
unless a living relative cannot be found after a diligent search or
inquiry; and
(C) The guardian ad litem for the child or the
representative of the guardian ad litem office if the office has been
appointed.
(3) The court must conduct an adjudicatory hearing
without a jury and apply the rules of evidence in use in civil cases,
adjourning the hearing as necessary. The court must determine
whether the petitioner has established by clear and convincing
evidence that both parents of the child are deceased, or that the last
known living parent is deceased and the other parent cannot be
found after a diligent search or inquiry, and that a legal custodian
has not been appointed for the child through a probate or
guardianship proceeding. A certified copy of the death certificate for
each parent is sufficient evidence of the parents’ deaths.
(e) Order on Adjudicatory Hearing on Petition for
Adjudication and Permanent Commitment. The court must enter
an order within 30 days after an adjudicatory hearing on the
petition.
(1) Order Granting Adjudication and Permanent
Commitment. If the court finds that the petitioner has met the clear
and convincing standard, the court must enter a written order
adjudicating the child dependent and permanently committing the
child to the custody of the department for the purpose of adoption.
A disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide a case
plan that identifies the permanency goal for the child to the court.
(2) Order Granting Adjudication. If the court finds that
clear and convincing evidence does not establish that both parents
of a child are deceased, or that the last known living parent is
deceased and the other parent cannot be found after a diligent
search or inquiry, and that a legal custodian has not been
appointed for the child through a probate or guardianship
proceeding, but that a preponderance of the evidence establishes
that the child does not have a parent or legal custodian capable of
providing supervision or care, the court must enter a written order
adjudicating the child dependent. A disposition hearing must be
scheduled no later than 30 days after the entry of the order.
(3) Order Dismissing Petition. If the court finds that the
petitioner has not met the clear and convincing standard and that a
preponderance of the evidence does not establish that the child
does not have a parent or legal custodian capable of providing
supervision or care, the court must enter a written order so finding
and dismiss the petition.
(f) Order on Adjudicatory Hearing on Petition for
Permanent Commitment. The court must enter an order within 30
days after an adjudicatory hearing on the petition.
(1) Order Granting Permanent Commitment. If the court
finds that the petitioner has met the clear and convincing standard,
the court must enter a written order permanently committing the
child to the custody of the department for purposes of adoption. A
disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide an
amended case plan that identifies the permanency goal for the child
to the court.
(2) Order Denying Petition. If the court finds that clear
and convincing evidence does not establish that both parents of a
child are deceased or that the last known living parent is deceased
and the other parent cannot be found after a diligent search or
inquiry, the court must enter a written order denying the petition.
The order has no effect on the child’s prior adjudication. The order
does not bar the petitioner from filing a subsequent petition for
permanent commitment based on newly discovered evidence that
establishes that both parents of a child are deceased, or that the
last known living parent is deceased, and that a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding.
(g) Disposition Hearing.
(1) Hearing. The court must conduct a supplemental
disposition hearing under the same procedures for a disposition
hearing and case plan review hearing for a dependency petition as
provided by law.
(2) Reports and Case Plan.
(A) A written case plan and any reports required
by law must be filed with the court, served to any known living
parents, if applicable, and provided to the representative of the
guardian ad litem office, if the office has been appointed, not less
than 72 hours before the disposition hearing.
(B) The court may grant an exception to the
requirement for any reports required by law by separate order or
within the judge’s order of disposition upon a finding that all the
family and child information required by law is available in other
documents filed with the court.
(3) Order of Disposition. The court must in its written
order of disposition include:
(A) the placement or custody of the child;
(B) special conditions of placement and visitation;
(C) evaluation, counseling, treatment activities,
and other actions to be taken by the parties, when ordered;
(D) the names of the supervising or monitoring
agencies, and the continuation or discharge of the guardian ad
litem, when appropriate;
(E) the date, time, and location for the next case
review as required by law;
(F) child support payments, if applicable and if
the child is in an out-of-home placement;
(G) if the child is placed in foster care, the reasons
why the child was not placed in the legal custody of an adult
relative, legal custodian, or other adult approved by the court;
(H) approval of the case plan and any reports
required by law or direction to amend the case plan within 30 days;
and
(I) such other requirements as are deemed
necessary to protect the health, safety, and well-being of the child.
(h) Judicial Review Hearing. Until the adoption of the child
is finalized, or the child reaches the age of 18 years, whichever
occurs first, the court must hold hearings pursuant to these rules
every 6 months to review the progress being made toward
permanency for the child.
E. TERMINATION OF PARENTAL RIGHTS
RULE 8.500 cases. PETITION
(a) Initiation of Proceedings.
(1) All proceedings seeking the termination of parental
rights to a child shall be initiated by the filing of an original petition
in the pending dependency action, if any.
(2) A petition for termination of parental rights may be
filed at any time by the department, the guardian ad litem, or any
person having knowledge of the facts. Each petition shall be titled a
petition for termination of parental rights.
(3) When provided by law, a separate petition for
dependency need not be filed.
(b) Contents.
(1) The petition shall contain allegations as to the
identity and residence of the parents, if known.
(2) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.
(3) The petition shall include facts supporting
allegations that each of the applicable statutory elements for
termination of parental rights has been met.
(4) When required by law, the petition shall contain a
showing that the parents were offered a case plan and did not
substantially comply with it.
(5) The petition shall contain an allegation that the
parents will be informed of the availability of private placement of
the child with an adoption entity, as defined in chapter 63, Florida
Statutes.
(6) The petition shall have a certified copy of the birth
certificate of each child named in it attached unless the petitioner,
after diligent search and inquiry, is unable to produce it, in which
case the petition shall state the date and place of birth of each
child, unless these matters cannot be ascertained after diligent
search and inquiry or for other good cause.
(c) Verification. The petition shall be signed under oath
stating the good faith of the petitioner in filing it. No objection to a
petition on the grounds that it was not signed or verified as required
shall be entertained after a plea to the merits.
(d) Amendments. At any time before the conclusion of an
adjudicatory hearing, an amended petition may be filed or the
petition may be amended by motion. However, after a written
answer has been filed or the adjudicatory hearing has commenced,
amendments shall be permitted only with the permission of the
court unless all parties consent. Amendments shall be freely
permitted in the interest of justice and the welfare of the child. A
continuance shall be granted on motion and a showing that the
amendment prejudices or materially affects any party.
(e) Defects and Variances. No petition or any count of it
shall be dismissed, or any judgment vacated, because of any defect
in the form of the petition or of misjoinder of counts. If the court is
of the opinion that the petition is so vague, indistinct, and indefinite
as to mislead the parent and prejudice him or her in the
preparation of a defense, the petitioner will be required to furnish a
more definite statement.
(f) Voluntary Dismissal. The petitioner, without leave of the
court, at any time before entry of an order of adjudication, may
request a voluntary dismissal of the petition by serving a notice of
request of dismissal on all parties or, if during a hearing, by so
stating on the record. The petition shall be dismissed and the court
loses jurisdiction unless another party adopts the petition within 72
hours. Unless otherwise stated, the dismissal shall be without
prejudice.
(g) Parental Consent.
(1) The parents of the child may consent to the petition
for termination of parental rights at any time, in writing or orally,
on the record.
(2) If, before the filing of the petition for termination of
parental rights, the parents have consented to the termination of
parental rights and executed surrenders and waivers of notice of
hearing as provided by law, this shall be alleged in the petition and
copies shall be attached to the petition and presented to the court.
(3) If the parents appear and enter an oral consent on
the record to the termination of parental rights, the court shall
determine the basis on which a factual finding may be made and
shall incorporate these findings into its order of disposition.
RULE 8.505 cases. PROCESS AND SERVICE
(a) Personal Service. On the filing of a petition requesting
the termination of parental rights, a copy of the petition and notice
of the date, time, and place of the advisory hearing must be
personally, or via primary e-mail address upon a party’s consent,
served on:
(1) the parents;
(2) the legal custodians or caregivers of the child;
(3) if the natural parents are dead or unknown, a living
relative of the child, unless on diligent search and inquiry no
relative can be found;
(4) any person who has physical custody of the child;
(5) any grandparents entitled by law to notice of the
adoption proceeding;
(6) any prospective parent identified by law, unless a
court order has been entered which indicates no further notice is
required, or if the prospective father executes an affidavit of
nonpaternity or a consent to termination of his parental rights
which is accepted by the court after notice and opportunity to be
heard by all parties to address the best interests of the child in
accepting such affidavit;
(7) the guardian ad litem for the child;
(8) the attorney ad litem for the child if one has been
appointed; and
(9) any other person as provided by law.
(b) Contents. The document containing the notice to appear
must notify the required persons of the filing of the petition, include
instructions for appearance through communication technology if
the hearing will be held through communication technology, and
contain in type at least as large as the balance of the document the
following or substantially similar language:
“FAILURE TO APPEAR AT THE ADVISORY
HEARING CONSTITUTES CONSENT TO
THE TERMINATION OF PARENTAL
RIGHTS OF THIS CHILD (THESE
CHILDREN). IF YOU FAIL TO APPEAR ON
THE DATE AND TIME SPECIFIED, YOU
MAY LOSE ALL LEGAL RIGHTS AS A
PARENT TO THE CHILD OR CHILDREN
NAMED IN THE PETITION ATTACHED TO
THIS NOTICE.”
(c) Constructive Service. Parties whose identities are
known and on whom personal service of process cannot be effected
must be served by publication as provided by law. The notice of
action must contain the initials of the child and the child’s date of
birth. There must be no other identifying information of the child in
the notice of action. The notice of action must include the full name
and last known address of the person subject to the notice. The
notice of action must not contain the name or any other identifying
information of the other parents or prospective parents who are not
subject to the notice.
(d) Waiver of Service.
(1) Service of process may be waived, as provided by
law, for persons who have executed a written surrender of the child
to the department.
(2) Appearance of a person at the advisory hearing
obviates the necessity of serving process on that person, and the
court may proceed with the advisory hearing and any subsequently
noticed hearing.
RULE 8.510 cases. ADVISORY HEARING AND PRETRIAL STATUS
CONFERENCES
(a) Advisory Hearing.
(1) An advisory hearing on the petition to terminate parental
rights must be held as soon as possible after service of process can be effected,
but no less than 72 hours following service of process. Appearance of any
person at the advisory hearing eliminates the time requirement for serving
process on that person.
(2) The court must:
(A) advise the parents of their right to counsel
including the right to an effective attorney and appoint an attorney
in accordance with legal requirements;
(B) advise the parents of the availability of private
placement of the child with an adoption entity, as defined in
chapter 63, Florida Statutes;
(C) determine whether an admission, consent, or
denial to the petition must be entered; and
(D) appoint a guardian ad litem if one has not
already been appointed.
(3) If a parent served with notice fails to appear at the advisory
hearing, the court must enter a consent to the termination of parental rights
petition for the parent who failed to appear.
(4) If an admission or consent is entered by all parents for a
named child included in the petition for termination of parental rights and the
court finds that termination of parental rights is in the best interest of the
child, the court must proceed to disposition alternatives as provided by law.
(5) If a denial is entered, the court must set an adjudicatory
hearing within the period of time provided by law or grant a continuance until
the parties have sufficient time to proceed to an adjudicatory hearing.
(b) Pretrial Status Conference. Not less than 10 days
before the adjudicatory hearing on a petition for involuntary
termination of parental rights, the court must conduct a pretrial
status conference to determine the order in which each party may
present witnesses or evidence, the order in which cross-
examination and argument must occur, which witnesses will be
physically present and which will appear via audio-video
communication technology, and any other matters that may aid in
the conduct of the adjudicatory hearing.
(c) Voluntary Terminations. An advisory hearing may not
be held if a petition is filed seeking an adjudication to voluntarily
terminate parental rights. Adjudicatory hearings for petitions for
voluntary termination must be set within 21 days of the filing of the
petition. Notice of intent to rely on this subdivision must be filed
with the court as required by law.
RULE 8.515 cases. PROVIDING COUNSEL TO PARTIES
(a) Duty of the Court.
(1) At each hearing, the court shall advise
unrepresented parents of their right to have counsel present, unless
the parents have voluntarily executed a written surrender of the
child and consent to the entry of a court order terminating parental
rights.
(2) The court shall appoint counsel for indigent parents
as provided by law. The court may appoint counsel for other parties
as provided by law.
(3) The court shall ascertain whether the right to
counsel is understood. If the right to counsel is waived by any
parent the court shall ascertain if the right to counsel is knowingly
and intelligently waived.
(4) The court shall enter its findings with respect to the
appointment or waiver of counsel of indigent parents or the waiver
of the right to have counsel present.
(5) Once counsel has been retained or appointed to
represent a parent, the attorney shall continue to represent the
parent throughout the proceedings or until the court has approved
discontinuing the attorney-client relationship. If the attorney-client
relationship is discontinued, the court shall advise the parent of the
right to have new counsel retained or appointed for the remainder
of the proceedings.
(b) Waiver of Counsel.
(1) No waiver shall be accepted if it appears that the
parent is unable to make an intelligent and understanding choice
because of mental condition, age, education, experience, the nature
or complexity of the case, or other factors.
(2) A waiver of counsel shall be made in court and be of
record. The court shall question the parent in sufficient detail to
ascertain that the waiver is made knowingly and intelligently.
(3) If a waiver is accepted at any hearing, the offer of
assistance of counsel shall be renewed by the court at each
subsequent hearing at which the parent appears without counsel.
RULE 8.517 cases. WITHDRAWAL AND APPOINTMENT OF
ATTORNEY
(a) Withdrawal of Attorney after Order Adjudicating Child
Dependent. After an order of adjudication of dependency or an
order of dependency disposition has been entered, the attorney of
record for a parent or legal custodian in a dependency proceeding
shall not be permitted to withdraw as the attorney until the
following have occurred:
(1) The attorney certifies that after discussing appellate
remedies with the parent or legal custodian, the parent or legal
custodian elects not to appeal the order; or
(2) The attorney certifies that after discussing appellate
remedies with the parent or legal custodian, the parent or legal
custodian elects to appeal the order, and
(A) a notice of appeal containing the signatures of
the attorney and the parent or legal custodian has been filed or a
notice of appeal containing the signature only of the attorney has
been filed if the parent or legal custodian elects to appeal but is
unable to personally timely sign the notice and that an amended
notice of appeal containing the parent’s or legal custodian’s
signature will be filed;
(B) directions to clerk, if necessary, have been filed;
(C) a motion to transcribe the requisite proceedings
has been filed;
(D) a designation to the court reporter specifying the
proceedings that must be transcribed in order to obtain review of
the issues on appeal and designating the parties to receive a copy of
the transcripts has been filed; and
(E) an order appointing appellate counsel, if any,
has been entered.
Conformed copies of each of these documents shall be attached to
the motion to withdraw.
(3) If the attorney is unable to contact the parent or
legal custodian regarding appellate remedies, the attorney certifies
and describes the efforts made to contact the parent or legal
custodian.
(b) Withdrawal of Attorney after Order Terminating
Parental Rights. After an order terminating parental rights has
been entered, the attorney of record for a parent in a termination of
parental rights proceeding shall not be permitted to withdraw as
attorney until the following have occurred:
(1) Discussion of Appeal.
(A) The attorney certifies that after discussing
appellate remedies with the parent, the parent elects not to appeal
the order terminating parental rights; or
(B) The attorney certifies that after discussing
appellate remedies with the parent, the parent elects to appeal the
order terminating parental rights; and
(i) a notice of appeal containing the
signatures of the attorney and the parent has been filed or a notice
of appeal containing the signature only of the attorney has been
filed if the parent elects to appeal but is unable to personally timely
sign the notice and that an amended notice of appeal containing the
parent’s signature will be filed;
(ii) directions to clerk, if necessary, have
been filed;
(iii) a motion to transcribe the requisite
proceedings has been filed;
(iv) a designation to the court reporter
specifying the proceedings that must be transcribed in order to
obtain review of the issues on appeal and designating the parties to
receive a copy of the transcripts has been filed; and
(v) an order appointing appellate counsel, if
any, has been entered.
Conformed copies of each of these documents shall be attached to
the motion to withdraw.
(2) Discussion of Ineffective Assistance of Counsel
Claim.
(A) The attorney certifies that after discussing the
right of a parent to file a motion claiming ineffective assistance of
counsel, the parent elects not to file the motion, or
(B) The attorney certifies that after discussing the
right of the parent to file a motion claiming ineffective assistance of
counsel, the parent elects to file a motion. Consequently, the
attorney must immediately seek to withdraw from representation of
the parent.
(3) Inability to Discuss Remedies. If the attorney is
unable to contact the parent regarding appellate remedies and the
right to file a motion claiming ineffective assistance of counsel, the
attorney certifies and describes the efforts made to contact the
parent.
(c) Appointment of Appellate Counsel. If the court permits
the attorney to withdraw, the court must expeditiously appoint
appellate counsel for indigent parents pursuant to law. The indigent
parent is not entitled to a court-appointed attorney in any trial
court proceeding regarding a motion claiming ineffective assistance
of counsel. However, a parent may independently retain an attorney
to assist in any trial court proceeding regarding a motion claiming
ineffective assistance of counsel.
(d) Service of Order Appointing Attorney. Following
rendition of an order appointing appellate counsel, the court must
serve the order on the appointed appellate counsel and the clerk of
the appellate court.
Committee Note
Amendment 2017. Significant amendments were made to
create a process for claiming ineffective assistance of counsel in
termination of parental rights proceedings. J.B., etc. v. Florida
Department of Children and Families, 170 So. 3d 780 (Fla. 2015). A
parent’s right to appointed counsel is governed by sections
39.013(9)a. and 27.511, Florida Statutes.
RULE 8.520 cases. ANSWERS AND RESPONSIVE PLEADINGS
(a) No Written Answer Required. No answer to the petition
need be filed by the parent. The parent of the child may enter an
oral or written answer to the petition or appear and remain silent.
(b) Plea of Denial. If the parent denies the allegations of the
petition, appears and remains silent, or pleads evasively, the court
shall enter a denial and shall set the case for an adjudicatory
hearing.
(c) Plea of Admission or Consent. If the parent appears
and enters a plea of admission or consent to the termination of
parental rights, the court shall determine that the admission or
consent is made voluntarily and with a full understanding of the
nature of the allegations and the possible consequences of the plea
and that the parent has been advised of the right to be represented
by counsel. The court shall incorporate these findings into its order
of disposition, in addition to findings of fact specifying the act or
acts causing the termination of parental rights.
RULE 8.525 cases. ADJUDICATORY HEARINGS
(a) Hearing by Judge. The adjudicatory hearing must be
conducted by the judge without a jury using the rules of evidence
for civil cases. At this hearing the court must determine whether
the elements required by law for termination of parental rights have
been established by clear and convincing evidence.
(b) Time of Hearing. The adjudicatory hearing must be held
within 45 days after the advisory hearing, unless all necessary
parties stipulate to some other hearing date. Reasonable
continuances may be granted for purposes of investigation,
discovery, procuring counsel or witnesses, or for other good cause
shown.
(c) Examination of Witnesses. A party may call any person,
including a child, as a witness. A party has the right to examine or
cross-examine all witnesses.
(d) Presence of Parties. All parties have the right to be
present at all termination hearings. A party may appear in person
or, at the discretion of the court for good cause shown, by
communication technology. No party may be excluded from any
hearing unless so ordered by the court for disruptive behavior or as
provided by law. If a parent appears for the advisory hearing and
the court orders that parent to appear at the adjudicatory hearing
for the petition for termination of parental rights, stating the date,
time, and location of this hearing and, if the hearing will be held
through communication technology, instructions for appearing at
the hearing through communication technology, then failure of that
parent to appear at the adjudicatory hearing constitutes consent for
termination of parental rights.
(e) Examination of Child. The court may hear the
testimony of the child outside the physical presence of the parties
as provided by rule 8.255. Counsel for the parties must be present
during all examinations. The court may limit the manner in which
counsel examine the child.
(f) Previous Testimony Admissible. To avoid unnecessary
duplication of expenses, in-court testimony previously given at any
properly noticed hearing may be admitted, without regard to the
availability of the witnesses, if the recorded testimony itself is made
available. Consideration of previous testimony does not preclude
the parties from calling the witness to answer supplemental
questions.
(g) Joint and Separate Hearings. When 2 or more children
are the subject of a petition for termination of parental rights, the
hearings may be held simultaneously if the children are related to
each other or involved in the same case, unless the court orders
separate hearings.
(h) Motion for Judgment of Dismissal. In all termination of
parental rights proceedings, if at the close of the evidence for the
petitioner the parents move for a judgment of dismissal and the
court is of the opinion that the evidence is insufficient to sustain
the grounds for termination alleged in the petition, it must enter an
order denying the termination and proceed with dispositional
alternatives as provided by law.
(i) Advisement of Right to Appeal and File Ineffective
Assistance of Counsel Motion. At the conclusion of the
adjudicatory hearing, the court must orally inform the parents of
the right to appeal any order terminating parental rights to the
district court of appeal and the right to file a motion in the circuit
court claiming that counsel provided ineffective assistance.
(j) Order.
(1) Terminating Parental Rights.
(A) If the court finds after all of the evidence has
been presented that the elements and one of the grounds for
termination of parental rights have been established by clear and
convincing evidence, the court must enter a written order
terminating parental rights and proceed with dispositional
alternatives as provided by law within 30 days after conclusion of
the adjudicatory hearing.
(B) The order must contain the findings of fact and
conclusions of law on which the decision was based. The court
must include the dates of the adjudicatory hearing in the order.
(C) The order must include a brief statement
informing the parents of the right to appeal the order to the district
court of appeal and the right to file a motion in the circuit court
alleging that counsel provided ineffective assistance and a brief
explanation of the procedure for filing such a claim.
(D) The parties may stipulate, or the court may
order, that parents or relatives of the parent whose rights are
terminated be allowed to maintain some contact with the child. If
the court orders continued contact, the nature and frequency of
this contact must be stated in a written order. The visitation order
may be reviewed on motion of any party, including a prospective
adoptive parent, and must be reviewed by the court at the time the
child is placed for adoption.
(2) Denying Termination of Parental Rights. If the court
finds after all of the evidence has been presented that the grounds
for termination of parental rights have not been established by clear
and convincing evidence, but that the grounds for dependency have
been established by a preponderance of the evidence, the court
must adjudicate or readjudicate the child dependent and proceed
with dispositional alternatives as provided by law.
(3) Dismissing Petition. If the court finds after all of the
evidence has been presented that the allegations in the petition do
not establish grounds for dependency or termination of parental
rights, it must enter an order dismissing the petition.
RULE 8.530 cases. PARENT’S MOTION CLAIMING INEFFECTIVE
ASSISTANCE OF COUNSEL FOLLOWING ORDER
TERMINATING PARENTAL RIGHTS
(a) Duty of the Court to Advise. At the conclusion of the
termination of parental rights adjudicatory hearing, the court must
orally inform the parents who are represented by an attorney of the
right to appeal an order terminating parental rights to the district
court of appeal and the right to file a motion in the circuit court
claiming that an attorney provided ineffective assistance if the court
enters an order terminating parental rights. In addition, the written
order terminating parental rights must include a brief statement
informing the parents of the right to file a motion claiming
ineffective assistance of counsel and a brief explanation of the
procedure for filing the motion.
(b) Duty of Attorney to Advise. After entry of an order
terminating parental rights, an attorney must discuss appellate
remedies with the parent and determine whether the parent elects
to appeal the order terminating parental rights. The attorney must
also inquire whether the parent intends to file a motion claiming
ineffective assistance of counsel. If the parent states an intention to
file a motion claiming ineffective assistance of counsel, then the
attorney must immediately seek withdrawal pursuant to these
rules.
(c) Motion and Jurisdiction. After the court has entered a
written order terminating parental rights, a parent may file a
motion in the circuit court claiming that the parent’s attorney
provided ineffective assistance. If a notice of appeal of the order
terminating parental rights is filed, the trial court continues to have
jurisdiction to consider a motion claiming ineffective assistance of
counsel.
(d) Court-Appointed Attorney.
(1) An indigent parent is not entitled to a court-
appointed attorney to assist the parent in preparing, filing, or
litigating a motion claiming ineffective assistance of counsel.
However, the parent may independently obtain an attorney to
represent the parent in pursuing the motion.
(2) An indigent parent is otherwise entitled to a court-
appointed attorney as provided by law in both the trial and
appellate court in a termination of parental rights proceeding, and
is entitled to a court-appointed attorney concerning appellate review
of the trial court’s order on the motion for ineffective assistance of
counsel.
(e) Time Limitations. A motion claiming ineffective
assistance of counsel must be filed within 20 days of the date the
court entered the written order terminating parental rights.
(f) Toll of Time for Appeal. The timely filing of a motion
claiming ineffective assistance of counsel tolls rendition of the order
terminating parental rights for purposes of appeal until the circuit
court enters an order on the motion or for 50 days from the date the
court entered the written order terminating parental rights,
whichever occurs first.
(g) Contents of Motion.
(1) The motion must be in writing and under oath
stating that all of the facts stated are true and correct.
(2) The motion must contain the case name and
number and identify the date the written order terminating parental
rights was entered.
(3) The motion must contain the current mailing
address and e-mail address, if any, and the phone number(s) of the
parent filing the motion for the purpose of receiving notices and
orders.
(4) The motion must identify specific acts or omissions
in the attorney’s representation of the parent during the
termination of parental rights proceedings that constituted a failure
to provide reasonable, professional assistance and explain how the
acts or omissions prejudiced the parent’s case to such an extent
that but for counsel’s deficient performance the parent’s rights
would not have been terminated.
(h) Amendments to Motion. If the motion claiming
ineffective assistance of counsel is timely filed, the parent may file
amended motions without permission of the court within 20 days
from the date the court entered the written order terminating
parental rights. The court may order the moving parent to file an
amended motion as provided in this rule.
(i) Delivery of Motion to Judge. On filing of the motion,
the clerk of court must immediately provide the motion and court
file to the judge who entered the order terminating parental rights.
(j) Response to Motion. No answer or responsive pleading
is required from any other party to the termination of parental
rights proceeding.
(k) Service of the Motion. The parent claiming ineffective
assistance of counsel must serve the motion on all parties to the
termination of parental rights proceeding and to the attorney the
parent claims provided ineffective assistance.
(l) Summary Denial of Motion.
(1) Untimely Motion. The court must enter an order
within 5 days from the date the motion or amended motion was
filed summarily denying with prejudice any motion filed after the
20-day limitation for filing. The order shall be considered the final
order for purposes of appeal.
(2) Insufficient Motion. If the motion or amended motion
is legally insufficient as alleged, the court may enter an order
summarily denying the motion within 5 days from the date the
motion or amended motion was filed. A motion is legally insufficient
when the allegations of ineffective assistance of counsel during the
termination of parental rights proceedings, if taken as true, did not
prejudice the parent’s case to such an extent that but for counsel’s
deficient performance the parent’s rights would not have been
terminated. The order denying a motion as legally insufficient must
set forth the basis for the conclusion the motion is legally
insufficient. The court must not summarily deny a motion as
insufficient for reasons other than legally insufficient allegations
claiming ineffective assistance of counsel. If the court denies the
motion as legally insufficient and does not direct the filing of an
amended motion, then the order shall be considered the final order
for purposes of appeal.
(m) Order for Amended Motion. If the motion or amended
motion is legally insufficient as alleged, the court may enter an
order within 5 days from the date the motion, or amended motion,
was filed authorizing the moving parent to file an amended motion
within 10 days of the date of the written order permitting
amendment.
(n) Evidentiary Hearing on Motion.
(1) Scheduling of Hearing. If the motion is timely and, in
the court’s opinion, contains sufficient allegations, the court must
conduct an evidentiary hearing as expeditiously as possible in light
of the other time limitations in this rule.
(2) Notice of Hearing. The court must issue a notice of
the hearing on the motion to the parties and participants of the
termination of parental rights proceeding and to the attorney who
the parent claimed provided ineffective assistance. The notice must
state the issues to be determined and that the moving parent is
required to present evidence at the hearing on the motion.
(3) Record of Termination of Parental Rights
Adjudicatory Hearing. If necessary, the court may order an
expedited record for review, which may include an electronic
recording in lieu of a transcript, of the termination of parental
rights adjudicatory hearing. If the judge conducting the motion
hearing is different from the judge who presided at the termination
of parental rights adjudicatory hearing, the court must order an
expedited record for review, which may include an electronic
recording in lieu of a transcript, of the termination of parental
rights adjudicatory hearing.
(4) Burden to Present Evidence and Proof. At the
evidentiary hearing, the moving parent has the burden of
presenting evidence and the burden of proving specific acts or
omissions of an attorney’s representation of the parent during the
termination of parental rights proceedings that constituted a failure
to provide reasonable, professional assistance, and how the errors
or omissions prejudiced the parent’s case to such an extent that
but for counsel’s deficient performance the parent’s rights would
not have been terminated. All other parties may present evidence
regarding the claims raised.
(5) Order from Evidentiary Hearing. At the conclusion of
the hearing on the motion, the court must enter an order granting
or denying the motion within 5 days from the evidentiary hearing.
(A) Grant of Motion. If the court determines that
the attorney during the termination of parental rights proceedings
failed to provide reasonable, professional assistance and that the
errors or omissions prejudiced the parent’s case to such an extent
that but for counsel’s deficient performance the parent’s rights
would not have been terminated, the court must enter an order
granting the motion stating the reasons for granting the motion and
vacating the order terminating parental rights without prejudice. In
the order, the court must schedule an adjudicatory hearing on the
petition for termination of parental rights to take place no later than
45 days from the order granting the motion. The court must then
appoint an attorney to represent the parent in further proceedings,
as provided by law.
(B) Denial of Motion. If the court determines that
the attorney during the termination of parental rights proceedings
provided reasonable, professional assistance or determines that no
errors or omissions prejudiced the parent’s case in the termination
proceedings to such an extent that but for counsel’s deficient
performance the parent’s rights would not have been terminated,
the court must enter an order denying the motion, stating the
reasons for denial. The order resolves all the claims raised in the
motion and shall be considered the final order for purposes of
appeal.
(o) Failure to Enter Order. If the court does not enter an
order granting or denying the motion within 50 days from the date
the court entered the written order terminating parental rights, the
motion shall be deemed denied with prejudice.
(p) Service of Order. The clerk of the court must serve any
order entered under this rule on the parties, including to the
moving parent at the parent’s address on file with the clerk, within
48 hours from the rendition of the order indicating the date of
service by an appropriate certificate of service.
(q) Successive Motions. No second or successive motion
claiming ineffective assistance of counsel shall be allowed except as
provided in this rule. No motion for rehearing shall be allowed in
response to the court’s ruling on the motion claiming ineffective
assistance of counsel.
(r) Appeals. Florida Rule of Appellate Procedure 9.146
applies to the appeal of an order on a motion claiming ineffective
assistance of counsel in termination of parental rights proceedings.
RULE 8.535 cases. POSTDISPOSITION HEARINGS
(a) Initial Hearing. If the court terminates parental rights, a
postdisposition hearing must be set within 30 days after the date of
disposition. At the hearing, the department or licensed child-placing
agency must provide to the court a plan for permanency for the
child.
(b) Subsequent Hearings. Following the initial
postdisposition hearing, the court must hold hearings every 6
months to review progress being made toward permanency for the
child until the child is adopted or reaches the age of 18, whichever
occurs first. Review hearings for alternative forms of permanent
placement must be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates the
parental rights to a child under chapter 39, Florida Statutes, must
retain exclusive jurisdiction in all matters pertaining to the child’s
adoption under chapter 63, Florida Statutes. The petition for
adoption must be filed in the division of the circuit court that
entered the judgment terminating parental rights, unless a motion
for change of venue is granted as provided by law.
(d) Review of the Department’s Denial of an Application
to Adopt a Child.
(1) Notice of Denial of Application to Adopt. If the
department denies an application to adopt a child, the department
must file written notification of the denial with the court and
provide copies to all parties and the denied applicant within 10
business days after the department’s decision.
(2) Motion to Review Denial of Application to Adopt. A
denied applicant may file a motion to have the court review the
department’s denial within 30 business days after the issuance of
the department’s written notification of its decision to deny the
application to adopt a child. The motion to review must allege that
the department unreasonably denied the application to adopt and
request that the court allow the denied applicant to file a petition to
adopt the child under chapter 63 without the department’s consent.
(3) Standing. A denied applicant only has standing to
file a motion to review the department’s denial and to present
evidence in support of such motion. Such standing is terminated
upon the entry of the court’s order. If the department selected a
different applicant to adopt the child, the selected applicant may
participate in the hearing as a participant pursuant to law and may
be granted leave by the court to be heard without the need to file a
motion to intervene.
(4) Hearing on Motion. The court must hold a hearing
within 30 business days after the denied applicant files the motion
to review. The court may only consider whether the department’s
denial of the application is consistent with its policies and if the
department made such decision in an expeditious manner. The
standard of review is whether the department’s denial of the
application is an abuse of discretion.
(5) Order. Within 15 business days after the conclusion
of the hearing, the court must enter a written order denying the
motion to review or finding that the department unreasonably
denied the application to adopt and authorizing the denied
applicant to file a petition to adopt the child under chapter 63
without the department’s consent.
RULE 8.540 cases. MOTION TO REINSTATE PARENTAL RIGHTS
(a) Initiation of Proceedings. Following a termination
of parental rights, the department, the parent whose rights were
terminated, or the child, may file a motion to reinstate the parent’s
parental rights as provided by Chapter 39, Florida Statutes.
(b) Initial Evidentiary Hearing on Motion.
(1) Notice of Hearing. The court must issue a
notice of the hearing on the motion to the parties and participants.
The notice must state the issue to be determined and that the
movant is required to present evidence at the hearing on the
motion.
(2) Burden to Present Evidence and Proof. At the
initial evidentiary hearing, the movant has the burden of presenting
relevant evidence. All other parties may present evidence regarding
the claims raised.
(3) Generally. When evaluating a motion to
reinstate parental rights, the court must consider all relevant
evidence including the criteria provided in Chapter 39, Florida
Statutes. The court determines if the movant met the criteria
provided by law by clear and convincing evidence.
(c) Transition Period.
(1) Visitation and Trial Home Visits. If the court
determines that the movant met the criteria at the initial evidentiary
hearing, the court must order the department to conduct
supervised visitation and trial home visits between the child and the
former parent for at least 3 consecutive months following the
completion of an approved home study. The court must consider
the multidisciplinary team’s transition plan.
(2) Reports and Notifications. During the period of
visitation and trial home visits, the court must consider reports
provided by the department every 30 days regarding the supervised
visitation, home visits, and the department’s recommendation for
reinstatement of parental rights. The court must also consider any
notifications by the department of termination of visitations due to
allegations of abuse, neglect, or abandonment, if the child’s safety
or well-being is threatened, or if continuing visitation is not in the
child’s best interest.
(d) Final Evidentiary Hearing for Consideration of
the Reinstatement of Parental Rights. Within 30 days of either
completion of the period of visitation and trial home visits or the
department’s termination of trial home visits, the court must
conduct a final evidentiary hearing on the motion. The court may
reinstate parental rights upon a finding of clear and convincing
evidence that it is in the best interest of the child. If visits are
terminated and the court finds it is not in the child’s best interest to
reinstate parental rights, the court must deny the motion to
reinstate.
(e) Retention of Jurisdiction Following
Reinstatement of Parental Rights. Upon ordering reinstatement
of parental rights, the court must place the child in the custody of
the former parent with an in-home safety plan. The court must
retain jurisdiction for at least 6 months during which the court
must consider the department’s reports on the stability of the
placement. At the end of the 6 months, the court must determine
whether its jurisdiction should continue or be terminated based on
the received reports or any other relevant factors. If the court
retains jurisdiction, the court must review the continued retention
of jurisdiction every 3 months thereafter until the court terminates
its jurisdiction or the child reaches the age of majority.
Committee Note
2022 Amendment. This rule was created in response to ch.
2021-169, Laws of Florida.
PART IV. PROCEEDINGS FOR FAMILIES AND CHILDREN
IN NEED OF SERVICES
RULE 8.601 cases. COMMENCEMENT OF PROCEEDINGS
(a) Pleadings. All proceedings shall be initiated by the filing
of:
(1) a request to take into custody;
(2) a petition for children in need of services; or
(3) a shelter petition.
(b) File to Be Opened. Upon commencement of any
proceeding, the clerk shall open a file and assign a case number.
RULE 8.603 cases. APPLICATION OF UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT
Any pleading filed commencing proceedings as set forth in rule
8.601 shall be accompanied by an affidavit, to the extent of affiant’s
personal knowledge, under the Uniform Child Custody Jurisdiction
and Enforcement Act. Each party has a continuing duty to inform
the court of any custody, dependency, or children in need of
services proceeding in this or any other state of which the party
obtains information during the proceeding.
RULE 8.605 cases. TRANSFER OF CASES
(a) Transfer of Cases Within the State of Florida. After the
commencement of a proceeding pursuant to rule 8.601, the court
may transfer any case after adjudication, when adjudication is
withheld, or before adjudication where witnesses are available in
another jurisdiction, to the circuit court for the county in which is
located the domicile or usual residence of the child or such other
circuit as the court may determine to be for the best interest of the
child and to promote the efficient administration of justice. The
transferring court shall enter an order transferring its jurisdiction
and certifying the case to the proper court, furnishing all parties,
the clerk, and the state attorney of the receiving court a copy of the
order of transfer within 5 days. The clerk shall also transmit a
certified copy of the file to the receiving court within 5 days.
(b) Transfer of Cases Among States. If it should appear at
any time that an action involving the child is pending in another
state, the court may transfer jurisdiction, stay the proceedings, or
dismiss the action as provided by law.
RULE 8.610 cases. PARTIES
(a) Definitions. For the purposes of these rules the terms
“party” and “parties” shall include the petitioner, the child, the
parent, the guardian ad litem where appointed, the custodian, and
every person upon whom service of summons is required by law.
(b) Other Parties. The state attorney’s office, the
Department of Children and Family Services, or the Department of
Juvenile Justice may become a party upon notice to all other
parties and the court. The court may add additional parties.
RULE 8.615 cases. PROVIDING COUNSEL TO PARTIES
(a) Duty of the Court.
(1) At each stage of the proceeding the court shall
advise all parties of their right to have counsel present. The court
shall appoint counsel to insolvent persons who are so entitled as
provided by law. The court shall ascertain whether the right to
counsel is understood and, where appropriate, knowingly and
intelligently waived. The court shall enter its findings in writing with
respect to the appointment or waiver of counsel for insolvent
parties.
(2) The court may appoint an attorney for the child or
parent, guardian, or custodian of the child as provided by law.
(b) Waiver of Counsel.
(1) No waiver shall be accepted where it appears that
the party is unable to make an intelligent and understanding choice
because of mental condition, age, education, experience, the nature
or complexity of the case, or other factors.
(2) A waiver of counsel shall be made in court and be of
record.
(3) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.
RULE 8.617 cases. GUARDIAN AD LITEM
(a) Appointment. At any stage of the proceedings any party
may request, or the court may appoint, a guardian ad litem to
represent any child alleged to be in need of services or from a family
in need of services.
(b) Qualifications; Responsibilities. The guardian ad litem
shall be an attorney or other responsible adult and shall have the
following responsibilities:
(1) To investigate the allegations of the petition and any
subsequent matters arising in the case and, unless excused by the
court, to file a written report. This report shall include a statement
of the wishes of the child and the recommendations of the guardian
ad litem and shall be provided to all parties and the court at least
48 hours before the disposition hearing.
(2) To be present at all court hearings unless excused
by the court.
(3) To represent the interest of the child until the
jurisdiction of the court over the child terminates or until excused
by the court.
(4) To perform such other duties and undertake such
other responsibilities as the court may direct.
(c) Bond Not Required. A guardian ad litem shall not be
required to post bond but shall file an acceptance of the office.
(d) Receiving Service. A guardian ad litem shall be entitled
to receive service of pleadings and papers as provided by rule 8.635.
(e) Lay Guardians’ Duties. The duties of lay guardians shall
not include the practice of law.
(f) Substitution or Discharge. The court, on its own motion
or that of any party, including the child, may substitute or
discharge the guardian ad litem for reasonable cause.
RULE 8.620 cases. STYLE OF PLEADINGS AND ORDERS
All pleadings and orders shall be styled: “In the interest of
...................., a child”, or “In the interest of ...................., children.”
RULE 8.625 cases. GENERAL PROVISIONS FOR HEARINGS
(a) Presence of Counsel. The Department of Children and
Family Services or the Department of Juvenile Justice must be
represented by an attorney at every stage of these proceedings when
such department is a party.
(b) Presence of Child. The child shall be present unless the
child’s presence is waived. If the child is present at the beginning of
a hearing and during the progress of the hearing voluntarily
absents himself or herself from the presence of the court without
leave of the court, or is removed from the presence of the court
because of disruptive conduct during the hearing, the hearing shall
not be postponed or delayed, but shall proceed in all respects as if
the child were present in court at all times.
(c) In Camera Proceedings. The child may be examined by
the court outside the presence of other parties under circumstances
as provided by law. The court shall assure that the proceedings are
recorded unless otherwise stipulated by the parties.
(d) Invoking the Rule. Before the examination of any
witness the court may, and on the request of any party shall,
exclude all other witnesses. The court may cause witnesses to be
kept separate and to be prevented from communicating with each
other until all are examined.
(e) Continuances. The court may grant a continuance
before or during a hearing for good cause shown by any party.
(f) Record. A record of the testimony in all hearings shall be
made by an official court reporter, a court-approved stenographer,
or a recording device. The records of testimony shall be preserved
as required by law. Official records of testimony shall be transcribed
only on order of the court.
(g) Notice. Where these rules do not require a specific
notice, all parties will be given reasonable notice of any hearing.
(h) Magistrates. Pursuant to the Florida Rules of Civil
Procedure, both general and special magistrates may be appointed
to hear issues involved in proceedings under this part.
RULE 8.630 cases. COMPUTATION AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration, except
for rule 8.655, to which 2.514(a)(2)(C) shall not apply and the
statutory time period shall govern.
(b) Enlargement of Time. When by these rules, by a notice
given thereunder, or by order of court an act is required or allowed
to be done at or within a specified time, the court for good cause
shown may, at any time in its discretion, (1) with or without notice
order the period enlarged if the request is made before the
expiration of the period originally prescribed or as extended by a
previous order, or (2) upon motion made and notice after the
expiration of the specified period permit the act to be done where
the failure to act was the result of excusable neglect; but it may not,
except as provided by law or elsewhere in these rules, extend the
time for making motion for new trial, for rehearing, or for vacation
of judgment or for taking an appeal. This rule shall not be
construed to apply to detention or shelter hearings.
(c) Time for Service of Motions and Notice of Hearing. A
copy of any written motion which may not be heard ex parte and a
copy of the notice of the hearing thereof shall be served a
reasonable time before the time specified for the hearing.
RULE 8.635 cases. PROCESS
(a) Summons and Subpoenas.
(1) Summons. Upon the filing of a petition, the clerk
shall issue a summons. The summons shall require the person on
whom it is served to appear for a hearing at a time and place
specified. Except in cases of medical emergency, the time of hearing
shall not be less than 24 hours after service of the summons. If the
child is not detained by an order of the court, the summons shall
require the custodian to produce the child at the said time and
place. A copy of the petition shall be attached to the summons.
(2) Subpoenas. Upon the application of a party, the
clerk shall issue, and the court on its own motion may issue,
subpoenas requiring attendance and testimony of witnesses and
production of records, documents, or other tangible objects at any
hearing. This subdivision shall not in any way limit the state
attorney’s power to issue subpoenas.
(3) Service. The summons and other process shall be
served upon such persons and in such manner as required by law.
If the parents or custodian are out of the state and their address is
known, the clerk shall give them notice of the proceedings by mail.
Service of process may be waived. Authorized agents of the
Department of Juvenile Justice may also serve summons and other
process upon such persons and in such manner as required by law.
(b) Service of Pleadings and Papers.
(1) When Required. Unless the court orders otherwise,
or a statute or supreme court administrative order specifies a
different means of service, every pleading subsequent to the initial
petition, every order, every written motion, unless it is one as to
which hearing ex parte is authorized, and every written notice filed
in the case shall be served on each party; however, nothing herein
shall be construed to require that a plea be in writing or that an
application for witness subpoenas be served.
(2) How Made. When service is required or permitted to
be made upon a party represented by an attorney, service shall be
made upon the attorney unless service upon the party is ordered by
the court. All documents required or permitted to be served on
another party must be served by e-mail, unless the parties
otherwise stipulate or this rule otherwise provides.
(A) Service by Electronic Mail (“e-mail”). Service of
a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the
document in PDF format attached or (b) a link to the document on a
website maintained by a clerk. Any document served by e-mail may
be signed by any of the “/s/,” “/s,” or “s/” formats, so long as the
filed document is signed in accordance with the applicable rules of
court.
(i) Service on Attorneys. Upon appearing in
any proceeding, an attorney must designate a principal e-mail
address and may designate no more than two secondary e-mail
addresses to which service must be directed in that proceeding.
Every document filed by an attorney thereafter must include in the
signature block the principal e-mail address of that attorney and
any secondary e-mail addresses. If an attorney does not designate
any e-mail address for service, documents may be served on that
attorney at the e-mail address on record with The Florida Bar.
(ii) Exception to E-mail Service on Attorneys.
Upon motion by an attorney demonstrating that the attorney has no
e-mail account and lacks access to the Internet at the attorney’s
office, the court may excuse the attorney from the requirements of
e-mail service. Service on and by an attorney excused by the court
from e-mail service must be by the means provided in subdivision
(b)(2)(B) of this rule.
(iii) Service on and by Parties not
Represented by an Attorney. Any party not represented by an
attorney may serve a designation of a principal e-mail address and
also may designate no more than two secondary e-mail addresses to
which service must be directed in that proceeding by the means
provided in subdivision (b)(2)(A) of this rule. If a party not
represented by an attorney does not designate an e-mail address for
service in a proceeding, service on and by that party must be by the
means provided in subdivision (b)(2)(B) of this rule.
(iv) Format of E-mail for Service. All
documents served by e-mail must be sent by an e-mail message
containing a subject line beginning with the words “SERVICE OF
COURT DOCUMENT” in all capital letters, followed by the case
number of the proceeding in which the documents are being served.
The body of the e-mail must identify the court in which the
proceeding is pending, the case number, the name of the initial
party on each side, the title of each document served with that e-
mail, and the sender’s name and telephone number. Any e-mail
which, together with its attachments, exceeds five megabytes (5MB)
in size, must be divided and sent as separate e-mails, numbered in
the subject line, no one of which may exceed 5MB in size.
(v) Time of Service. Service by e-mail is
complete on the day it is sent and must be treated as service by
mail for the computation of time. If the sender learns that the e-
mail did not reach the address of the person to be served, the
sender must immediately serve another copy by e-mail, or by a
means authorized by subdivision (b)(2)(B) of this rule.
(B) Service by Other Means. In addition to, and
not in lieu of, service by e-mail, service may also be made upon
attorneys by the means specified in this subdivision. Service on and
by all parties who are not represented by an attorney and who do
not designate an e-mail address, and on and by all attorneys
excused from e-mail service, must be made by delivering a copy of
the document or by mailing it to the party or attorney at their last
known address or, if no address is known, by leaving it with the
clerk of the court. Service by mail is complete upon mailing.
Delivery of a copy within this rule is complete upon:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorney’s or party’s office
with a clerk or other person in charge thereof;
(iii) if there is no one in charge, leaving it in a
conspicuous place therein;
(iv) if the office is closed or the person to be
served has no office, leaving it at the person’s usual place of abode
with some person of his or her family above 15 years of age and
informing such person of the contents; or
(v) transmitting it by facsimile to the
attorney’s or party’s office with a cover sheet containing the
sender’s name, firm, address, telephone number, and facsimile
number, and the number of pages transmitted. When service is
made by facsimile, a copy must also be served by any other method
permitted by this rule. Facsimile service occurs when transmission
is complete.
(vi) Service shall be deemed complete on the
date of delivery.
(C) Numerous Parties. In an action where the
parties are unusually numerous, the court may regulate the service
contemplated by these rules on motion or on its own initiative in
such manner as may be found to be just and reasonable.
(3) Filing. All documents must be filed with the court
either before service or immediately thereafter, unless otherwise
provided for by general law or other rules. If the original of any bond
or document required to be an original is not placed in the court file
or deposited with the clerk, a certified copy may be so placed by the
clerk.
(4) Filing with Court Defined. The filing of documents
with the court as required by these rules shall be made by filing
them with the clerk in accordance with rule 8.004 except that the
judge may permit documents to be filed with the judge, in which
event the judge must note the filing date before him or her on the
documents and transmit them to the clerk. The date of filing is the
date shown on the face of the document by the judge’s notation or
the clerk’s time stamp, whichever is earlier.
(5) Certificate of Service. When any attorney shall in
substance certify:
“I certify that a copy/copies has/have been furnished to
(insert name or names) by (e-mail) (delivery) (mail) (fax) on (date).
Title”
this certificate shall be taken as prima facie proof of such
service in compliance with this rule.
(6) Service by Clerk. When the clerk is required to serve
notices and other documents, the clerk may do so by e-mail or by
any other method permitted in subdivision (b)(2). Service by a clerk
is not required to be by e-mail.
(c) Service of Orders. A copy of all orders or judgments
must be transmitted by the court or under its direction to all parties
at the time of entry of the order or judgment. The court may require
that orders or judgments be prepared by a party, may require the
party to furnish the court with stamped addressed envelopes for
service of the order or judgment, and may require that proposed
orders and judgments be furnished to all parties before entry by the
court of the order or judgment. The court may serve any order or
judgment by e-mail to all attorneys who have designated an e-mail
address for service and to all parties not represented by an attorney
who have designated an e-mail address for service. This subdivision
is directory and a failure to comply with it does not affect the order
or its finality or any proceedings arising in the action.
RULE 8.640 cases. PLEADINGS TO BE SIGNED
(a) Pleadings to Be Signed by Attorney. Every written
paper or pleading of a party represented by an attorney shall be
signed in the attorney’s individual name by the attorney, whose
Florida Bar number, address, and telephone number, including
area code, shall be stated, and who shall be duly licensed to
practice law in Florida. The attorney may be required by an order of
court to vouch for the authority to represent such party and to give
the address of such party. Except when otherwise specifically
provided by these rules or applicable statute, pleadings need not be
verified or accompanied by affidavit.
(b) Pleadings to Be Signed by Unrepresented Party. A
party who is unrepresented shall sign a written pleading or other
paper to be filed and state the party’s address and telephone
number, including area code.
(c) Effect of Signing Pleading. The signature of a person
shall constitute a certificate that the paper or pleading has been
read; that to the best of the person’s knowledge, information, and
belief there is good ground to support it; and that it is not
interposed for delay. If a pleading or paper is not signed, or is
signed with intent to defeat the purpose of this rule, it may be
stricken and the action may proceed as though the pleading or
paper had not been served.
Committee Notes
1992 Amendment. (a) and (c) The language from (a) was
moved to create this new subdivision. The current rule applies only
to attorneys. These requirements also should apply to nonattorneys
who sign and file papers. This rule conforms to proposed revisions
to rules 8.085 and 8.230.
(b) The current rule implies that a written pleading must be
filed. No written pleadings are required.
RULE 8.645 cases. ORDERS
Upon the conclusion of all hearings, the court shall enter its
decisions in a written order. All orders of the court shall be reduced
to writing as soon after they are entered as is consistent with
orderly procedure and shall contain findings of fact and conclusions
of law.
RULE 8.650 cases. TAKING INTO CUSTODY
(a) Affidavit. An affidavit may be filed by any person alleging
facts under existing law sufficient to establish grounds to take a
child into custody. The affidavit shall:
(1) be in writing and signed;
(2) specify the name, address, and sex of the child or, if
unknown, designate the child by any name or description by which
the child can be identified with reasonable certainty;
(3) specify that the child is of an age subject to the
jurisdiction of the court; and
(4) state the reasons why the child is being taken into
custody.
(b) Criteria for Order. The court may issue an order to take
a child into custody based on sworn testimony meeting the criteria
set forth in subdivision (a).
(c) Order. The order to take into custody shall:
(1) be in writing and signed;
(2) specify the name, address, and sex of the child or, if
unknown, designate the child by any name or description by which
the child can be identified with reasonable certainty;
(3) specify that the child is of an age subject to the
jurisdiction of the court;
(4) state the reasons why the child is being taken into
custody;
(5) order that the child be placed in a suitable place
pending a shelter hearing as provided by law; and
(6) state the date when issued and the county and
court where issued.
RULE 8.655 cases. SHELTER PETITION, HEARING, AND ORDER
(a) Shelter Petition. If a child is to be placed in a shelter
after being taken into custody for a period longer than 24 hours,
the person requesting placement shall file a written petition which
shall:
(1) specify the name, address, and sex of the child, or,
if unknown, designate the child by any name or description by
which the child can be identified with reasonable certainty;
(2) specify that the child is of an age subject to the
jurisdiction of the court;
(3) state the reasons why the child needs to be placed
in a shelter;
(4) recommend where the child is to be placed or the
agency to be responsible for placement;
(5) be signed by the attorney for the petitioner; and
(6) include a certificate of service to all parties and their
attorneys of record.
(b) Shelter Hearing.
(1) The petitioner shall make a diligent effort to notify
the parent or custodian of the child and shall notify his or her
attorney of record of the date, time, and place of the hearing. The
petitioner shall list all parties notified of the hearing on the
certificate of service on the shelter petition.
(2) The court shall conduct an informal hearing on the
petition within the time period provided by law. The court shall
determine at the hearing whether the criteria provided by law for
placement in a shelter have been met.
(3) At the hearing all interested persons present shall
have an opportunity to be heard on the criteria for placement as
provided by law.
(4) The court may base its determination on a sworn
complaint, testimony, or affidavit and may hear all relevant and
material evidence, including oral and written reports, to the extent
of its probative value even though it would not be competent at an
adjudicatory hearing.
(5) The court shall advise the parties of:
(A) their right to be represented by counsel as
provided by law;
(B) the reason for the child being in custody and
why continued placement is requested; and
(C) their right to present placement alternatives.
(c) Shelter Order. The order shall be in writing and shall:
(1) state the name, age, and sex of the child and, if the
child’s age is unknown, that the child is believed to be of an age
which makes him or her subject to the jurisdiction of the court;
(2) include findings as provided by law;
(3) designate the place where the child is to be placed
or the person or agency that will be responsible for this placement
along with any special conditions found to be necessary;
(4) state the date and time where issued;
(5) indicate when the child shall be released from the
shelter or set a review of shelter hearing within the time limits
provided by law; and
(6) include a certificate of service to all parties and their
attorneys of record.
(d) Release From Shelter Care. No child shall be released
from shelter after a shelter order has been entered except on order
of the court unless the shelter order authorizes release by the
department.
RULE 8.660 cases. PETITIONS
(a) Contents of Petition.
(1) Only those authorized by law may file a petition
alleging that a child is in need of services. Each petition shall be
entitled a petition for child(ren) in need of services and shall allege
sufficient facts showing the child to be in need of services based
upon applicable law.
(2) The petition shall contain allegations as to the
identity and residence of the parents or custodians, if known.
(3) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.
(4) More than one allegation of children in need of
services may appear on the same petition, in separate counts.
(b) Verification. The petition shall be signed by the
petitioner, stating under oath the petitioner’s good faith. No
objection to the petition on the grounds that it was not signed or
verified, as herein provided, shall be entertained after a plea to the
merits.
(c) Amendments. At any time before or during an
adjudicatory hearing, an amended petition may be filed or the
petition may be amended by motion. Amendments shall be freely
permitted in the interest of justice and the welfare of the child. A
continuance may be granted upon motion and a showing that the
amendment prejudices or materially affects any party.
(d) Defects and Variances. No petition or any count thereof
shall be dismissed, or any judgment vacated, on account of any
defect in the form of the petition or of misjoinder of counts. If the
court is of the opinion that the petition is so vague, indistinct, and
indefinite as to mislead the child, parent, or custodian and
prejudice any of them in the preparation of a defense, the petitioner
may be required to furnish a more definite statement.
(e) Voluntary Dismissal. At any time before entry of an
order of adjudication, the child(ren) in need of services petition may
be voluntarily dismissed by petitioner without leave of the court by
serving a notice of dismissal on all parties, or, if during a hearing,
by so stating on the record. Unless otherwise stated, the dismissal
shall be without prejudice.
RULE 8.665 cases. ANSWERS, ARRAIGNMENTS, AND PREHEARING
CONFERENCES
(a) Answers. The child, parent, or custodian of the child may
enter an oral or written answer to the petition or remain silent. If
the child remains silent or pleads evasively, or the parent, guardian,
or legal custodian denies it, the court shall enter a denial of the
petition. The court shall determine that any admission or consent to
the petition is made voluntarily and with a full understanding of the
nature of the allegations and the possible consequences of such
admission or consent and that the parties have been advised of the
right to be represented by counsel. The court shall incorporate
these findings into its order in addition to findings of fact specifying
the act or acts, by whom committed, and facts upon which the
findings are based. If the answer admits the allegations of the
petition it shall constitute consent to a predisposition study.
(b) Arraignment. If a written answer has not been filed by
the child, parent, guardian, or legal custodian before the
adjudicatory hearing, the court shall conduct a hearing to
determine whether an admission, consent, or denial of the petition
shall be entered and whether the parties are represented by counsel
or are entitled to appointed counsel as pro-vided by law. If an
admission or consent is entered, the court shall proceed as set forth
in rule 8.690. If a denial is entered the court shall set an
adjudicatory hearing within the period of time provided by law and
appoint counsel when required.
(c) Withdrawal of Plea. The court may at any time before
the beginning of a disposition hearing permit an admission of the
allegations of the petition to be withdrawn and, if an adjudication
has been entered thereon, set aside such adjudication. In the
subsequent adjudicatory hearing the court shall disregard an
admission that has been withdrawn.
(d) Prehearing Conference. Before the conduct of any
adjudicatory hearing the court may set or the parties may request
that a prehearing conference be held to determine the order in
which each party may present witnesses or evidence and the order
in which cross-examination and argument shall occur. The court
also may enter findings on the record of any stipulations entered
into by the parties and consider any other matters which may aid in
the conduct of the adjudicatory hearing.
RULE 8.670 cases. MOTIONS
(a) Motions in General. An application to the court for an
order shall be made by a motion which shall be in writing, unless
made during a hearing; be signed by the party making the motion
or by the party’s attorney; state with particularity the grounds
therefor; and set forth the relief or order sought. The requirement of
writing is fulfilled if the motion is stated in the written notice of the
hearing of the motion.
(b) Motion to Dismiss. Any party may file a motion to
dismiss any petition or other pleading, setting forth the grounds on
which the motion is based. If a motion to dismiss is granted where a
child is being detained under an order, the child may be continued
in shelter under previous order of the court upon the representation
that a new or amended petition will be filed.
(c) Motion to Sever. A motion may be made to sever 2 or
more counts of a multicount petition or to sever the cases of 2 or
more children alleged to be in need of services in the same petition.
The court may grant motions for severance of jointly brought cases
for good cause shown.
RULE 8.675 cases. EXAMINATIONS, EVALUATION, AND
TREATMENT
(a) Child. Mental or physical examination of a child may be
obtained as provided by law.
(b) Parent, Guardian, or Other Person Requesting
Custody. At any time after the filing of a petition, when the mental
or physical condition, including the blood group, of a parent,
guardian, or other person requesting custody of a child is in
controversy, the court may order the person to submit to a physical
or mental examination by a qualified professional. The order may be
made only on good cause shown and on notice to the person as to
the time, place, manner, conditions, and scope of the examination
and the person or persons by whom it is to be made. The court
may, on its own motion or the motion of any party, order a parent,
guardian, or other person requesting custody of the child to
undergo such evaluation, treatment, or counseling activities as
authorized by law.
RULE 8.680 cases. DISCOVERY
Discovery will be allowed only upon order of the court and
then as provided by rule 8.245.
Committee Notes
1992 Amendment. The present wording is somewhat
ambiguous in the use of the word “and.” The change clarifies the
committee’s intent.
RULE 8.685 cases. ADJUDICATORY HEARINGS
(a) Hearing by Judge. The adjudicatory hearing shall be
conducted by the judge without a jury utilizing the rules of
evidence. At this hearing the court shall determine whether the
allegations of the petition have been sustained.
(b) Examination of Witnesses. Any party shall have the
right to examine and cross-examine the witnesses.
(c) Presence of Parties. All parties have the right to be
present at all adjudicatory hearings. No party shall be excluded
from the hearing unless so ordered by the court for disruptive
behavior.
(d) Joint and Separate Hearings. When 2 or more children
are alleged to be children in need of services, the hearing may be
held simultaneously when the several children involved are related
to each other or involved in the same case, unless the court orders
separate hearings.
(e) Motion for Judgment of Dismissal. In all proceedings if
at the close of the evidence for the petitioner the court is of the
opinion that the evidence is insufficient as a matter of law to
warrant a finding of child(ren) in need of services, it may, and on
the motion of any party shall, enter an order dismissing the petition
for insufficiency of evidence.
(f) Findings and Orders. If the court finds that the evidence
supports the allegations of the petition, it may make a finding that
the child is in need of services as provided by law. In all cases the
court shall enter a written order specifying the facts upon which the
findings are based. If the predisposition and other reports required
by law are unavailable, or by order of the court, any portion of the
disposition hearing may be reset within a reasonable time. If the
case is continued the court may refer the case to appropriate
agencies for additional study and recommendation. The court may
order the child into a suitable placement under such reasonable
conditions as the court may direct.
RULE 8.690 cases. DISPOSITION HEARINGS
(a) Information Available to Court. At the disposition
hearing the court, after establishing compliance with the
dispositional considerations, determinations, and discussions
required by law, may receive any relevant and material evidence
helpful in determining the proper disposition to be made. It shall
include written reports required by law and may include
evaluations of the child or the parent or custodian that may be
obtained and that are relevant and material. Such evidence may be
received by the court and may be relied upon to the extent of its
probative value even though not competent in an adjudicatory
hearing.
(b) Disclosure to Parties. All parties shall be entitled to
disclosure of all information in all reports submitted to the court.
(c) Orders of Disposition. The court shall in its written
order of disposition include:
(1) the placement or custody of the child;
(2) special conditions of placement and visitation;
(3) evaluation, counseling, treatment activities, and
other actions to be taken by the parties where ordered;
(4) supervising or monitoring agencies and
continuation or discharge of the guardian ad litem, when
appropriate;
(5) the period of time or date for subsequent case
review when required by law; and
(6) such other requirements deemed necessary to
protect the health, safety, and well-being of the child.
(d) Out-of-Home Placement. If the court places the child in
out-of-home placement, subsequent proceedings shall be governed
by part IIID of these rules.
RULE 8.695 cases. POSTDISPOSITION RELIEF
(a) Modification of Placement. A child who has been
placed in the child’s own home, in the home of a relative, or in some
other place under the supervision of the department may be
brought before the court by the parent, guardian, or any interested
person on a motion for modification of placement. Upon notice to all
parties, the court shall conduct a hearing and enter an order
changing the placement, modifying the conditions of placement,
continuing placement as previously ordered, or placing the child
with the department or a licensed child-caring agency.
(b) Motion for Termination of Supervision or
Jurisdiction. Any party requesting termination of agency
supervision or the jurisdiction of the court, or both, shall do so by
motion. The court shall hear all parties present and enter an order
terminating supervision or terminating jurisdiction and supervision
or continuing them as previously ordered. The court shall not
terminate jurisdiction unless the child is returned to the parent or
placed with a legal guardian.
PART V. OTHER PROCEEDINGS
A. GUARDIAN ADVOCATES FOR DRUG-DEPENDENT
NEWBORNS
RULE 8.705 cases. COMMENCEMENT OF PROCEEDINGS
(a) Petition to Be Filed. All proceedings under this part
shall be initiated by the filing of a petition for the appointment of a
guardian advocate.
(b) File to Be Opened. Upon commencement of any
proceeding, the clerk shall open a file and assign a case number.
RULE 8.710 cases. PARTIES
(a) Definitions. For the purpose of these rules the terms
“party” and “parties” shall include the petitioner, the child, the
parent, the guardian ad litem where appointed, the custodian, and
every person upon whom service of summons is required by law.
(b) Other Parties. The state attorney’s office or the
Department of Children and Family Services may become a party
upon notice to all other parties and notice to the court. The court
may add additional parties.
RULE 8.715 cases. GUARDIAN AD LITEM
The court may appoint a guardian ad litem to represent the
interests of the child.
RULE 8.720 cases. PROCESS AND SERVICE
(a) Summons.
(1) Personal appearance of a person in a hearing before
the court shall obviate the necessity of serving process upon that
person.
(2) Upon the filing of the petition, and upon request of
the petitioner, the clerk or deputy clerk shall issue a summons.
(3) The summons shall require the person on whom it
is served to appear for a hearing at a time and place specified.
Except in cases of medical emergency, the time of hearing shall not
be less than 24 hours after service of the summons. The summons
shall be directed to and shall be served upon the parents. It shall
not be necessary to the validity of the proceedings that the parents
be present if their identity or presence is unknown after a diligent
search and inquiry have been made; if they have become residents
of a state other than this state; or if they evade service or ignore
summons, but in this event the person who made the search and
inquiry shall file a certificate of those facts.
(b) Subpoenas. Upon the application of a party, the clerk or
deputy clerk shall issue, and the court on its own motion may
issue, subpoenas requiring attendance and testimony of witnesses
and production of records, documents, or other tangible objects at
any hearing.
RULE 8.725 cases. PETITION
(a) Contents of Petition.
(1) The petition shall allege sufficient facts showing
grounds for appointment of a guardian advocate based upon
applicable law.
(2) The petition shall contain allegations as to the
identity and residence of the parents or custodians, if known.
(3) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.
(b) Voluntary Dismissal. The petitioner without leave of the
court, at any time prior to the entry of the order, may request a
voluntary dismissal of the petition by serving a notice of request for
dismissal on all parties or, if during a hearing, by so stating on the
record. The petition shall be dismissed and the court loses
jurisdiction unless another party adopts the petition within 48
hours. Unless otherwise stated, the dismissal shall be without
prejudice.
RULE 8.730 cases. HEARING
(a) Time Limit. All hearings shall be carried out as provided
by law within the time limits proscribed therein.
(b) Orders.
(1) In all cases at the conclusion of the hearing the
court shall enter a written order granting or denying the petition.
(2) An order granting the appointment of a guardian
advocate shall specify the term of appointment and not exceed that
provided by law.
RULE 8.735 cases. REVIEW AND REMOVAL
(a) Review by Court. The court may review the appointment
of a guardian advocate at any time but shall review the
appointment within the time limits as provided by law.
(b) Reauthorization or Removal. The reauthorization or
removal of the guardian advocate shall be governed as provided by
law.
B. JUDICIAL WAIVER OF PARENTAL NOTICEOF
TERMINATION OF PREGNANCY
RULE 8.800 cases. APPLICABILITY
These rules apply to proceedings instituted pursuant to
section 390.01114, Florida Statutes.
RULE 8.805 cases. COMMENCEMENT OF PROCEEDINGS
(a) Petition to Be Filed. Proceedings for a judicial waiver of
parental notice of and consent or consent only to termination of
pregnancy shall be commenced by the filing of a petition in circuit
court.
(b) Pseudonymous Petitions. Petitions filed under a
pseudonym or initials shall be filed simultaneously with a sworn
statement containing the minor’s true name, date of birth, address
and the case number. A certified copy of this Sworn Statement of
True Name and Pseudonym shall be given to the minor at the time
it is filed. The original sworn statement shall be kept under seal at
all times and may only be opened at the minor’s request or by court
order.
(c) Notice Under Pseudonymous Petitions. So that the
minor may receive notice in a safe and secure manner, the minor
shall elect to receive notice through the address and phone number
of a trusted third person or by personally contacting the clerk’s
office. If the minor elects to personally contact the clerk’s office, she
must still provide an address and phone number of a third person
through which to receive notice in the event that the court needs to
provide notice at a time other than when the minor personally
contacts the clerk’s office.
(d) Procedures Upon Filing Petition. Upon the filing of a
petition, the clerk of the circuit court shall immediately:
(1) open a new file and assign a new case number;
(2) provide the minor with a certified copy of Form
8.988, Sworn Statement of True Name and Pseudonym;
(3) provide the minor with Form 8.989, Advisory Notice
to Minor;
(4) present the petition to the court for scheduling of
the hearing and appointment of counsel, if requested; and
(5) provide notice of the hearing to the minor. If it is not
possible for the clerk to immediately provide notice at the time the
minor files the petition, the clerk shall provide notice through the
method elected by the minor in the petition.
(e) Fees and Costs. No filing fees or court costs shall be
assessed against any pregnant minor who petitions a court for a
waiver of parental notice and consent or consent only.
RULE 8.810 cases. PETITION
The petition shall include:
(a) the pseudonym or initials of the minor;
(b) the age of the minor;
(c) a statement that the minor is pregnant and notice and
consent or consent only has not been waived;
(d) a statement that the minor desires to terminate her
pregnancy without notice to and consent or consent only from a
parent or legal guardian; and
(e) a short and plain statement of facts to establish any of
the following:
(1) The minor is sufficiently mature to decide whether
to terminate her pregnancy.
(2) The minor is a victim of child abuse or sexual abuse
by one or both of her parents or a legal guardian.
(3) Notice to and consent or consent only from the
parent or legal guardian is not in the best interests of the minor.
RULE 8.815 cases. COUNSEL
As provided by law, the circuit court shall advise the minor
that she has a right to court-appointed counsel at no cost. The
court shall, upon request, provide counsel for the minor at least 24
hours before the court proceeding.
RULE 8.820 cases. HEARING
(a) Hearing by Judge. A judge shall conduct an informal
hearing on the petition within the time limits provided by law and
these rules. General magistrates and special magistrates shall not
hear a petition for a judicial waiver.
(b) Evidence. The judge shall hear evidence relating to the
emotional development, maturity, intellect, and understanding of
the minor, and all other relevant evidence.
(c) Burdens of Proof.
(1) A finding that the minor is sufficiently mature to
decide whether to terminate her pregnancy requires proof by clear
and convincing evidence.
(2) A finding that the minor is a victim of child abuse or
sexual abuse inflicted by one or both of her parents or a legal
guardian requires proof by a preponderance of the evidence.
(3) A finding that notice to and consent or consent only
from a parent or legal guardian is not in the best interests of the
minor requires proof by clear and convincing evidence.
(d) Time Limits. As provided by law:
(1) Cases commenced under this rule take precedence
over other pending matters as necessary to ensure that the court
can make its ruling and issue written findings of fact and
conclusions of law within 3 business days of the filing of the
petition.
(2) The 3-business-day time limit may be extended at
the request of the minor; however, the court remains under an
obligation to rule on the petition as soon as practically possible.
(3) If the court fails to rule within the 3-business-day
period and an extension has not been requested by the minor, the
minor may immediately thereafter petition the chief judge of the
circuit for a hearing. The chief judge must ensure that a hearing is
held within 48 hours after receipt of the minor’s petition, and an
order is entered within 24 hours after the hearing.
(e) Confidentiality of Hearings. Hearings under this part
shall be closed to the public and all records thereof shall remain
confidential as provided by law. Persons other than the petitioner
may be permitted to attend the hearing at the request of the
petitioner. The court shall advise all persons in attendance that the
hearing is confidential. Subject to a judge’s availability as required
under law, hearings held under this part must be held in chambers
or in a similarly private and informal setting within the courthouse.
RULE 8.825 cases. ORDER AND JUDGMENT
At the conclusion of the hearing, the court shall issue written
and specific findings of fact and conclusions of law in support of its
decision, including findings of fact and conclusions of law relating
to the maturity of the minor, and order that a confidential record be
maintained.
RULE 8.830 cases. TRANSCRIPTS
A court that conducts proceedings pursuant to these rules
shall provide for a written transcript of all testimony and
proceedings as provided by law.
RULE 8.835 cases. CONFIDENTIALITY OF RECORDS
(a) As provided by law, any information including the
petition, documents, transcripts, recordings of cases, and any other
information that could be used to identify a minor who has
petitioned the court for a judicial waiver of parental notice of and
consent to or waiver of consent to termination of pregnancy is
confidential and exempt from section 119.07(1), Florida Statutes,
and section 24(a), Article I, of the State Constitution.
(b) So that the minor shall remain anonymous, the court file
shall be sealed unless otherwise ordered by the court.
RULE 8.840 cases. REMAND OF PROCEEDINGS
In the event the minor appeals a determination by the circuit
court under these rules and the appellate court remands the matter
to the trial court, the trial court must enter its ruling within 3
business days after the remand.
C. TRUANCY PROCEEDINGS
RULE 8.850 cases. APPLICABILITY
These rules apply to proceedings instituted under section
984.151, Florida Statutes.
RULE 8.855 cases. COMMENCEMENT OF PROCEEDINGS
(a) Petition to Be Filed. Proceedings to determine or
enforce truancy actions under this section must be commenced by
filing a petition in the circuit court in the circuit in which the
student is enrolled.
(b) Jurisdiction. While original jurisdiction to hear a
truancy petition shall be in the circuit court, a general or special
magistrate may be used in these proceedings, pursuant to Supreme
Court rules.
(c) Summons. Upon the filing of a petition, the clerk shall
issue a summons to the parent, guardian, or legal custodian of the
student, or if the student is in foster care, the case manager,
directing that person and the student to appear for a hearing at a
time and place specified in the summons.
RULE 8.860 cases. PETITION
(a) Contents. The petition shall include:
(1) The name, age, and address of the student;
(2) The name and address of the student’s parent,
guardian, or legal custodian and, if the student is in foster care, the
case manager;
(3) The name and address of the school in which the
student is enrolled;
(4) A statement that outlines the efforts the school has
made to get the student to attend school;
(5) The number of out of school contacts between the
school system and the student’s parent, guardian, or legal
custodian; and
(6) The number of days, by date, the student has
missed school.
(b) Sworn by Superintendent. The petition shall be sworn
to by the superintendent of the school system involved or his or her
designee.
RULE 8.865 cases. HEARINGS
(a) Time Requirements. Once the petition is filed, the court
shall hear the petition within 30 days.
(b) Attendance Required. The student and the student’s
parent, guardian, or legal custodian or, if the student is in foster
care, the case manager, shall attend the hearing.
RULE 8.870 cases. ORDER
(a) Requirement to Attend School. If the court determines
that a student did miss any of the alleged days, the court shall
order the student to attend school and the parent, guardian, legal
custodian, or, if the student is in foster care, the case manager, to
ensure that the student attends school.
(b) Other Sanctions. If the court determines that a student
did miss any of the alleged days, the court may order any of the
following:
(1) The student to participate in alternative sanctions
to include mandatory attendance at alternative classes to be
followed by mandatory community service hours for up to six
months;
(2) The student or the student’s parent, guardian, or
legal custodian, to participate in homemaker or parent aid services;
(3) The student or the student’s parent, guardian, or
legal custodian to participate in and complete intensive crisis
counseling and/or community mental health services;
(4) The student and the student’s parent, guardian, or
legal custodian to participate in services provided by voluntary or
community agencies as available;
(5) The student or the student’s parent, guardian, or
legal custodian to participate in vocational, job training, or
employment services.
(c) Referral to Case Staffing Committee. If the student
does not successfully complete the sanctions ordered, the case shall
be referred to the case staffing committee, with a recommendation
to file a child in need of services petition under Chapter 984, Florida
Statutes.
(d) Participation by Parent, Guardian, Legal Custodian,
or Student. The parent, guardian, or legal custodian and the
student shall participate as ordered or required by the court, in any
sanction or services ordered pursuant to this rule.
(e) Enforcement by Contempt. The court shall enforce
such requirements through its contempt power, pursuant to
Chapter 984, Florida Statutes.
PART VI. FORMS FOR USE WITH RULES OF JUVENILE
PROCEDURE
The following forms are sufficient for the matters that are
covered by them. So long as the substance is expressed without
prolixity, the forms may be varied to meet the facts of a particular
case. Captions, verifications, and certificates of service, except for
the designation of the paper, are omitted from most forms. General
forms for these are provided at the beginning of the forms.
Publisher’s Note
The Florida Supreme Court’s per curiam opinion of December
24, 1980 (393 So.2d 1077) in which the forms appear provides:
“Nothing in the Forms shall be deemed to be a part of these Rules.”
Committee Note
1991 Amendment. These forms have been updated to
conform to revisions to Chapter 39, Florida Statutes, and the
Florida Rules of Juvenile Procedure. As the court has stated before,
the forms are not intended to be part of the rules and are provided
for convenience only.
A. GENERAL FORMS
FORM 8.901 CAPTION OF PLEADINGS AND ORDERS
NAME OF COURT
In the Interest of
...................., .....a child/children.....
.....(Designation of Pleading or Order).....
FORM 8.902 VERIFICATION
STATE OF FLORIDA
COUNTY OF ....................
Before me, the undersigned authority, personally appeared
.....(name)....., who, being sworn, says the .....(document)..... is filed
in good faith and on information, knowledge, and belief is true.
Sworn to and subscribed before me on .....(date)......
(Title)
Committee Notes
1991 Adoption. The above verification should be added to
petitions and motions as required by law.
FORM 8.903 CERTIFICATE OF SERVICE
I certify that a copy of .....(document)..... has been furnished to
.....(name(s))..... by .....e-mail/U.S. mail/hand delivery/fax..... on
.....(date)......
(Title)
Committee Notes
1991 Adoption. The above may be added to petitions, orders,
and other forms as required.
FORM 8.904 AFFIDAVIT FOR ORDER TO TAKE INTO
CUSTODY
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ....................
Before me, the undersigned authority, personally appeared affiant,
who, being sworn, made the following allegation of facts:
.................... and requested that the court issue an order to take
into custody the below.....named/described..... children.
Name(s) ……….
Age(s) ……….Sex ……….
Date(s) of Birth ……….
Race ……….
Address ……….
Identifying Description ……….
Parent/Custodian……….
Address ………..
Affiant
.....Address.....
FORM 8.905 ORDER TO TAKE INTO CUSTODY
ORDER TO TAKE INTO CUSTODY
TO: ……….
A .....verified petition/affidavit..... having been filed in this case,
alleging facts which under existing law are determined to be
sufficient to authorize taking into custody the below-
.....named/identified..... .....child/children....., believed to be of an
age subject to the juvenile jurisdiction of the circuit court; therefore
You are commanded to take the following .....child/children..... into
custody:
Name(s)……….
Age(s) ………. Sex ……….
Date(s) of Birth ……….
Race ……….
Address ……….
Identifying Description ……….
Parent/Custodian ……….
Address . ……….
For the following reasons:……….
Upon taking the .....child/children..... into custody, you will
deliver .....him/her/them..... to: ……….to be held pending a
.....detention/shelter..... hearing or upon further order of this court.
ORDERED in the circuit court in and for .................... County,
Florida, on .....(date)......
Circuit Judge
RETURN
This order to take into custody was executed at ..... m., on
.....(date)....., by the undersigned.
(Title)
RETURN TO ISSUING COURT UPON THE CHILD’S 19TH
BIRTHDAY
FORM 8.906 RELEASE ORDER
RELEASE ORDER
The court now finding that the above-named
.....child/children....., previously .....placed in shelter
care/detained....., should be released.
It is ADJUDGED:
1. That ……….shall be released immediately to ……….
2. It is FURTHER ADJUDGED that ………..
ORDERED in the circuit court in and for ……….County,
Florida, on .....(date)......
Circuit Judge
FORM 8.907 TRANSFER ORDER
TRANSFER ORDER
This case being before this court for consideration of transfer
to a court having juvenile jurisdiction in another county, the court
finds:
1. That on .....(date)....., following a hearing on the petition
of ...................., the court .....entered an order of
adjudication/withheld adjudication/accepted a plan of proposed
treatment, training, or conduct. That it would be in the best interest of the above-named
.....child/children..... that this case be transferred to the circuit
court of another county because: . That a dispositional order .....was/was not..... made in
this case.
It is recommended to the receiving court that: .....................
It is ADJUDGED:
1. That the jurisdiction of this court in this case and of the
.....child/children..... involved is transferred to the circuit court in
and for .................... County, Florida, of the ..... Judicial Circuit, for
any and all proceedings deemed necessary.
2. That within 5 days from the date of this order the clerk of
this court shall forward a certified copy of:
(a) The order of transfer, which shall include but not be
limited to:
(i) Specific offense that the child was found to have
committed;
(ii) Degree of offense;
(iii) Name of parent/custodian to be summoned;
(iv) Address at which the child should be summoned for
disposition;
(v) Name and address of the victim; and
(vi) Whether the child was represented by counsel.
(b) A certified copy of the delinquency petition;
(c) A copy of the juvenile referral or complaint; and
(d) Any reports and all previous orders including orders
appointing counsel entered by the court in the interest of that child.
These documents shall be forwarded to the clerk of the
receiving court; state attorney of the receiving court; public
defender of the receiving court, if counsel previously has been
appointed; and ……….
ORDERED in the circuit court in and for .................... County,
Florida, on .....(date)......
Circuit Judge
FORM 8.908 SUMMONS
SUMMONS
STATE OF FLORIDA
TO ...................., .....a child/children..... and ..................,
.....parent(s)/custodian.....:
A petition under oath has been filed in this court alleging the
above-named .....child/children..... to be .................... under the
laws of the State of Florida, a copy of which was attached hereto;
You are to appear before the Honorable ...................., Circuit
Judge, at .....m., on .....(date)....., at the county courthouse of
.................... County, at ...................., Florida for the hearing of
this petition. The .....parent(s)/custodian..... .....is/are..... required
to produce the .....child/children..... at that time and place unless
the .....child/children..... .....is/are..... in detention or shelter care at
that time.
COMMENT: The following paragraph must be in bold, 14 pt.
Times New Roman or Courier font.
If you are a person with a disability who needs any
accommodation to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
You may be held in contempt of court if you fail to appear.
WITNESS my hand and seal of this court at ....................
County, Florida, on .....(date)......
………., Clerk of Circuit Court
……….County, Florida
By: D.C.,
FORM 8.909 PLAN FOR TREATMENT, TRAINING, OR
CONDUCT
PLAN FOR TREATMENT, TRAINING, OR CONDUCT
TO: ………., Circuit Judge
Instead of a plea to the petition filed on .....(date)....., alleging
the above-named .....child/children..... to be ………., the following
proposed plan for treatment, training, or conduct, formulated in
conjunction with the supervising agency, is now submitted, with
the request that it be accepted by the court and that prosecution of
the said petition be deferred.
This agreement is entered into with full knowledge and
disclosure of all the facts and circumstances of this case, and in
consideration thereof, and the promise of fulfillment of its terms
and conditions, each of the undersigned agrees as follows: ……….
It is further agreed:
1. That the speedy trial rule is waived,
2. That a hearing for the acceptance of this plan .....is/is
not..... waived,
3. That this plan, as agreed to here, shall be in effect until
...............
In witness whereof the undersigned have affixed their hands
on .....(date)......
Child
.....Parent(s) or Custodian(s).....
Attorney for
.....Child/Parent(s)/Custodian(s).....
………., Department of Juvenile Justice, Supervising Agency,
Recommends: .....Acceptance/Rejection......
Authorized Agent
CONSENT IN DELINQUENCY CASES
The undersigned, being familiar with the contents of this plan
for treatment, training, or conduct and the delinquency petition on
which it is based, consents to defer prosecution of the petition.
Dated: ……….
……….
State Attorney
By:
Assistant State Attorney
ORDER
The foregoing plan for treatment, training, or conduct having
been properly submitted and having been given consideration by
the court,
It is ADJUDGED:
1. That the plan is approved and the parties thereto
shall comply with its terms and conditions.
2. That the plan is disapproved and an adjudicatory
hearing on the petition shall be scheduled.
ORDERED at ...................., .................... County, Florida, on
.....(date)......
Circuit Judge
FORM 8.911 UNIFORM CHILD CUSTODY JURISDICTION AND
ENFORCEMENT ACT AFFIDAVIT
See Fla. Sup. Ct. App. Fam. L. Form 12.902(d).
FORM 8.912 PETITION TO SHOW CAUSE
PETITION BY AFFIDAVIT FOR ORDERTO SHOW CAUSE
1. This is a proceeding for an order to show why the below-
named witness, ...................., should not be held in contempt of
court.
2. Petitioner is .....(title)......
3. A subpoena was duly served on .....(name)....., at
.....(time)..... by .....(name)..... who was then and there authorized to
serve said subpoena. A copy of the receipt evidencing service is
attached and incorporated by reference. Said .....(name)..... did not
appear on .....(date)....., at .....(time)..... in response to that
subpoena and to this date has not appeared.
WHEREFORE, the undersigned does respectfully request the
court to issue an order to direct .....(name)..... to appear before the
court to show cause why .....(name)..... should not be held in
contempt of court.
Petitioner
FORM 8.913 ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
This cause came on to be heard on the petition for order to
show cause directed to .....(name)..... for failure .....(specify)..... on
.....(date)...... (See attached affidavit.)
NOW, THEREFORE, you, .....(name)....., are hereby ORDERED
to appear before this court located at ...................., on .....(date).....,
at .....(time)....., to show cause why you should not be held in
contempt of this court, for your failure to .....(specify)......
DONE AND ORDERED on .....(date)....., at ....................,
.................... County, Florida.
Circuit Judge
B. DELINQUENCY FORMS
FORM 8.929 DETENTION ORDER
DETENTION HEARING ORDER
Pick up order for absconding from:
..... home detention
..... probation
..... commitment
..... other: ..................
Present before the court:
..... the child;
..... .....(name)....., Assistant State Attorney;
..... .....(name)....., Assistant Public Defender/defense attorney;
..... .....(name)....., parent/legal guardian;
..... .....(name)....., DJJ juvenile probation officer;
..... .....(name)....., Department of Children and Family Services
..... .....(name)....., guardian ad litem
DJJ Supervision status:
..... None
..... Home detention
..... Probation
..... Committed to ..... level
..... CINS/FINS
..... Conditional release
Other court involvement:
Dependency: ..... Yes ..... No ..... Unknown
Domestic relations: ..... Yes ..... No ..... Unknown
Domestic violence: ..... Yes ..... No ..... Unknown
The court finds that the child was taken into custody at .....
a.m./p.m., on .....(date)......
Probable cause that the child committed delinquent acts was:
..... found.
..... not found.
..... reset within 48 hours of custody.
Risk assessment instrument (RAI) score: ..........
Score amended to: ..........
..... Meets detention criteria.
IT IS ORDERED that the above-named child be:
..... released to the custody of .....(name)......
..... held in secure detention for domestic violence charge under
section 985.245, Florida Statutes.
The court finds:
..... respite care is not available for the child; and
..... it is necessary to place the child in secure detention to
protect the victim from injury.
..... detained by the Department of Juvenile Justice in
..... home detention.
..... home detention with electronic monitoring.
..... secure detention.
with the following special conditions:
..... attend school regularly.
..... attend evaluation as follows:
..... physical.
..... psychological.
..... ADM.
..... other .....................
..... no (..... harmful) contact with .....(name)......
..... drug testing.
..... no drug and alcohol use.
..... other: ....................
..... released from detention and returned to the child’s
nonresidential commitment program.
Reasons for court ordering more restrictive placement than
RAI score:……….
It is FURTHER ORDERED that unless an adjudicatory hearing
has begun or a subsequent modification order is entered, the child
shall be released no later than 5:00 p.m. on .....(date)..... to
.....(name(s))....., who is/are
..... the parent(s)
..... a relative
..... foster care
..... ………. program
..... .....him/her..... self
..... other .....................
IT IS FURTHER ORDERED under section 985.039, Florida
Statutes
..... The parent/guardian of the child, .....(name)....., shall pay to
the Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, $5 per day for each day the juvenile is
in secure detention.
..... The parent/guardian of the child, .....(name)....., shall pay to
the Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, $1 per day for each day the child is in
home detention.
..... The parent/guardian of the child, .....(name)....., shall pay to
the Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, a REDUCED rate of $..... per day for
each day the child is in detention status. This reduced fee is based
on the court’s finding
..... that the parent/guardian was the victim of the
delinquent act or violation of law for which the child is currently
detained and is cooperating in the investigation of the offense; or
..... of indigency or significant financial hardship. The
facts supporting this finding are: ....................
..... The parent/guardian of the child, .....(name).....,
.....(address)....., shall be liable for .....% of the payment. The
parent/guardian of the child, .....(name)....., .....(address)....., shall
be liable for .....% of the payment.
..... The .....supervision fee/cost of care..... is WAIVED based on
the court’s finding
..... that the parent/guardian was the victim of the
delinquent act or violation of law for which the child is currently
detained and is cooperating in the investigation of the offense; or
..... of indigency or significant financial hardship. The
facts supporting this finding are: ....................
If the child’s case is dismissed or if the child is found not
guilty of the charges or court order, then the parent/guardian shall
not be liable for fees under this order.
Unless modified by subsequent notice, the NEXT COURT
APPEARANCE:
..... will be at .....(time)..... on .....(date)..... at .....(location).......
..... is to be set.
COMMENT: The following paragraph must be in bold, 14 pt.
Times New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
Note: The child’s parent/legal guardian shall advise Clerk’s Office
and DJJ of any address change.
..... Department of Juvenile Justice shall transfer the child to
.................... Detention Center.
Other: ......................
DONE AND ORDERED in ................. County, Florida at
.......... a.m./p.m. on .....(date).....
Circuit Judge
Copies to: ....................
FORM 8.930 JUVENILE NOTICE TO APPEAR
JUVENILE NOTICE TO APPEAR
DATE .......... AGENCY ………..
CASE NO. ……….
PARENT, ADULT RELATIVE, LEGAL GUARDIAN .....(name).....
I am the .....(relationship to child)..... of .....(child’s name).....
and promise to ensure that the child appears on .....(date)..... at
.....(time)..... at .....(location)...... I also promise immediately to notify
the office of the state attorney at .....(telephone number)..... and the
clerk of the court at .....(telephone number)..... of any change in the
child’s address.
Signature of Parent/Adult
Relative/Legal Guardian
.....(address).....
.....(telephone number).....
.....(date).....
.....(address and telephone number
of child, if different).....
---------------
I, .....(child’s name)....., understand that I have been charged
with a law violation, .....(offense(s))....., and that I am being released
at this time to the custody of .....(parent, adult relative, or legal
guardian’s name)......
I promise to appear on .....(date)..... at .....(time)..... at
.....(location)....., and to appear as required for any additional
conferences or appearances scheduled by DJJ or the court. I
understand that my failure to appear shall result in a custody order
being issued and that I will be picked up and taken to detention.
Child’s Signature
Date ....................
Arresting Officer ....................
Releasing officer or DJJ
counselor authorizing release
DJJ Intake Telephone Number …………
ATTACH TO ARREST AFFIDAVIT
FORM 8.931 DELINQUENCY PETITION
PETITION
Your petitioner respectfully represents that ………. whose
date(s) of birth …. is/are ….. and who reside(s) at ………. ...is/ are
….. delinquent and that this court has jurisdiction of this cause
because of the following allegations of facts:……….
That the parents or custodians are:
…………………..
…………………….
Mother
Residence
…………………..
…………………….
Father
Residence
…………………..
…………………….
Custodian Residence
WHEREFORE, your petitioner requests process may issue to
bring the above-named parties before the court on a day and time
designated to be dealt with according to law.
Dated: ....................
Petitioner
FORM 8.932 APPLICATION FOR COUNSEL AND ORDER
APPLICATION FOR COUNSEL
AND ORDER
STATE OF FLORIDA
COUNTY OF ....................
Before me, the undersigned authority, personally appeared
affiant, who, being duly sworn, says:
1. That I understand a delinquency complaint has been
made against me and, being advised of my right to an attorney, now
request appointment of counsel.
2. Being without sufficient funds, property or assets of any
kind, I will be deprived of my right to representation unless I am
adjudged insolvent and counsel appointed to represent me.
3. That I have been informed that a lien for the value of the
legal services rendered to me by the public defender may be
imposed by law on any property I now or may hereafter have in this
state.
Dated: ....................
Affiant Child
STATEMENT OF PARENT(S)
The undersigned are informed and understand that liability for
cost of representation of this child by the public defender can be
assessed against the parent(s) by court order in an amount not to
exceed the amount provided by law.
Parent
Parent
ORDER
The court finds that this child is indigent, as defined by law,
and is desirous of counsel; it is, therefore,
ORDERED
1. That this child is declared to be insolvent.
2. That ...................., Public Defender for the ..... Judicial
Circuit, State of Florida, is hereby appointed as counsel to
represent this child in all matters in defense of the delinquency
complaint herein made.
DONE AND ORDERED in the circuit court in and for
.................... County, Florida, on .....(date)......
Circuit Judge
FORM 8.933 WAIVER OF COUNSEL
WAIVER OF COUNSEL
I GIVE UP MY RIGHT TO HAVE A LAWYER
1. I understand that a lawyer is a professional person who is
trained in the law and whose job it is to help people who have legal
problems.
2. I understand that if I have a lawyer, that person will do
several things to help me, such as:
a. Explaining the charges which have been filed against me in
the petition for delinquency.
b. Giving me advice on my rights and responsibilities in this
case.
c. Advising me as to what legal defenses may be available to
me.
d. Advising me as to whether or not I should challenge the
charges.
e. Helping me prepare my case for hearing if I decide to
challenge the charges.
f. Helping me get the proper witnesses to court.
g. Giving me advice and direction on what I should do
regarding my case.
3. I understand that I have a right to be represented by a
lawyer at any time and that if I cannot pay to hire a lawyer, the
judge will give one to me. In signing this paper, I understand that I
choose not to have a lawyer represent me at this time.
4. I understand that I keep the right to have a lawyer. I can
ask the judge at any time to give me a lawyer even if I have not
asked for one before.
5. A lawyer has explained to me my right to be represented in
this case, the results of not having a lawyer and other factors that
would help me to decide whether or not to have a lawyer in this
matter. I have had time to ask questions and have my questions
answered to my satisfaction, including questions about immigration
and other consequences.
6. I understand all of the above statements regarding my
rights to a lawyer but, I give up my right to be represented by a
lawyer at this time.
Date: ....................
Child Age
STATEMENT OF ATTORNEY ASSIGNED TO DISCUSS THE WAIVER
WITH THE CHILD
I have read this waiver to the child. I have explained the
waiver fully to the child and believe that the child has waived
counsel knowingly, intelligently, and voluntarily.
Date:……….
Attorney
FORM 8.934 ORDER TO DETERMINE MENTAL CONDITION
ORDER TO DETERMINE
MENTAL CONDITION
It having been made known to the court and the court finding
that reasonable grounds exist to believe that this child may be
incompetent to proceed with an adjudicatory hearing, and that a
hearing should be scheduled to examine this child and determine
.....his/her..... mental condition, it is
ADJUDGED:
1. That all proceedings in this case are now stayed, pending
further order of this court.
2. That a hearing to determine the mental condition of this
child is scheduled before me at ..... m., on .....(date)......
3. That the following named persons are hereby appointed
as disinterested qualified experts to examine this child as to
competency and to testify as to the child’s mental condition at the
hearing above scheduled:
(1) .....................................
.........................................................
Name Address
(2) .....................................
.........................................................
Name Address
(3) .....................................
.........................................................
Name Address
4. That this child shall be held temporarily in the custody of
...................., who shall produce the child for examination by the
above-named at a time and place to be arranged.
ORDERED at ...................., .................... County, Florida, on
.....(date)......
Circuit Judge
FORM 8.935 ORDER OF INCOMPETENCY
ORDER OF INCOMPETENCY
The above-named child being before the court for inquiry into
.....his/her..... mental condition and a determination of
.....his/her..... competency to proceed with an adjudicatory hearing,
from the evidence the court finds:
That the said child is mentally incompetent to proceed with
the adjudicatory hearing.
It is, therefore, ADJUDGED that proceedings shall be
commenced immediately for the involuntary hospitalization of this
child by ...................., as provided by law, and the said child shall
.................... pending disposition of those proceedings.
All proceedings in this case are stayed pending such action.
ORDERED at ...................., Florida, on .....(date)......
Circuit Judge
FORM 8.936 ORDER OF COMPETENCY
ORDER OF COMPETENCY
The above-named child being before the court for inquiry into
.....his/her..... mental condition and a determination of
.....his/her..... competency to proceed with an adjudicatory hearing,
from the evidence the court finds:
That the child is mentally competent to proceed with the
adjudicatory hearing.
It is, therefore, ADJUDGED that the adjudicatory hearing in
this case shall .....commence/resume..... at ..... m., on .....(date)......
ORDERED at ...................., Florida, on .....(date)......
Circuit Judge
FORM 8.937 DEMAND FOR VOLUNTARY WAIVER
DEMAND FOR VOLUNTARY WAIVER
OF JURISDICTION
The child files this demand for voluntary waiver of jurisdiction
pursuant to rule 8.105, Florida Rules of Juvenile Procedure, and
shows that the child desires the court to waive jurisdiction and
certify the case for trial in adult court as if the child were an adult
to face adult punishments or penalties.
Date: ....................
Child
Parent/Legal Guardian
FORM 8.938 ORDER OF VOLUNTARY WAIVER
VOLUNTARY WAIVER ORDER
Upon the demand for voluntary waiver filed by the child, it is
hereby ORDERED AND ADJUDGED as follows:
1. A demand for voluntary waiver of jurisdiction was filed by
the child and parent/legal guardian on .....(date)......
2. The court waives jurisdiction to try the child pursuant to
chapter 985, Florida Statutes.
3. The above cause is certified for trial as if the child were
an adult.
4. A certified copy of this order shall be furnished to the
clerk of the court having jurisdiction to try the child as an adult
and to the prosecuting officer of said child.
5. The child shall be forthwith delivered to the sheriff of the
county in which the court that is to try the child is located. Bond is
set at $...........
DONE AND ORDERED in chambers at ................,
.....(date)......
Circuit Judge
FORM 8.939 MOTION FOR INVOLUNTARY WAIVER
MOTION FOR INVOLUNTARY WAIVER
The State of Florida, having considered the recommendation of
the intake officer, petitions the court to waive jurisdiction pursuant
to rule 8.105, Florida Rules of Juvenile Procedure, and shows:
The child was 14 or more years of age at the alleged time of
commission of the violation of law for which the child is charged.
[Add the following paragraph, if applicable]
The child has been previously adjudicated delinquent for a
violent crime against a person, to wit .....(offense)....., and is
currently charged with a second or subsequent such offense.
Wherefore, the State of Florida requests the court to conduct a
hearing on this motion for the purpose of determining whether the
court should waive its jurisdiction and certify the case to the
appropriate court for trial as if the child were an adult.
Petitioner
FORM 8.940 MOTION TO COMPILE REPORT
MOTION TO COMPILE REPORT
The State of Florida, having filed a petition for involuntary
waiver, moves the court for an order requiring the department to
prepare a study and report to the court, in writing, considering the
following relevant factors:
1. The seriousness of the alleged offense to the community
and whether the protection of the community is best served by
transferring the child for adult sanctions.
2. Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner.
3. Whether the alleged offense was against persons or
against property.
4. The probable cause as found in the report, affidavit, or
complaint.
5. The desirability of trial and disposition of the entire
offense in one court when the child’s associates in the alleged crime
are adults or children who are to be tried as adults who will be or
have been charged with a crime.
6. The sophistication and maturity of the child.
7. The record and previous history of the child including:
a. Previous contact with the department, other law
enforcement agencies, and the courts;
b. Prior periods of juvenile probation;
c. Prior adjudications that the child committed a
delinquent act or violation of law, greater weight being given if the
child previously had been found by a court to have committed a
delinquent act involving an offense classified as a felony or had
twice previously been found to have committed a delinquent act
involving an offense classified as a misdemeanor; and
d. Prior commitments to institutions.
8. The prospects for adequate protection of the public and
the likelihood of reasonable rehabilitation of the child, if found to
have committed the alleged offense, by the use of procedures,
services, and facilities currently available to the court.
WHEREFORE, the State of Florida requests an order directing
the department to prepare a study and report in writing prior to the
waiver hearing.
Petitioner
FORM 8.941 ORDER TO COMPILE REPORT
ORDER TO COMPILE REPORT
Upon the motion of the State of Florida, the department shall
prepare a study and report to the court, in writing, considering the
following relevant factors:
1. The seriousness of the alleged offense to the community
and whether the protection of the community is best served by
transferring the child for adult sanctions.
2. Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner.
3. Whether the alleged offense was against persons or
against property.
4. The probable cause as found in the report, affidavit, or
complaint.
5. The desirability of trial and disposition of the entire
offense in one court when the child’s associates in the alleged crime
are adults or children who are to be tried as adults who will be or
have been charged with a crime.
6. The sophistication and maturity of the child.
7. The record and previous history of the child including:
a. Previous contact with the department, other law
enforcement agencies, and the courts;
b. Prior periods of juvenile probation;
c. Prior adjudications that the child committed a
delinquent act or violation of law, greater weight being given if the
child had previously been found by a court to have committed a
delinquent act involving an offense classified as a felony or had
twice previously been found to have committed a delinquent act
involving an offense classified as a misdemeanor; and
d. Prior commitments to institutions.
8. The prospects for adequate protection of the public and
the likelihood of reasonable rehabilitation of the child, if found to
have committed the alleged offense, by the use of procedures,
services, and facilities currently available to the court.
DONE AND ORDERED in chambers at ...................., Florida,
.....(date)......
Circuit Judge
FORM 8.942 ORDER OF INVOLUNTARY WAIVER
ORDER OF INVOLUNTARY WAIVER
A petition was filed in this cause on .....(date)...... Prior to the
adjudicatory hearing on the petition, the State of Florida filed a
motion requesting that the court waive its jurisdiction and certify
the case to the appropriate court for trial as if the child were an
adult. This cause came before the court on the motion.
The following were present .....(names)..... with .....(name).....,
representing the State of Florida and .....(name)....., representing
the Department of Juvenile Justice.
The court heard the evidence presented by the State of Florida
and the child to determine whether the jurisdiction of this court
should be waived and the case certified to the appropriate court for
trial as if the child were an adult. The court finds that it is in the
public interest that the jurisdiction of this court be waived and that
the case be certified to the appropriate court having jurisdiction to
try an adult who is charged with a like offense based on the
following findings of fact:
1. Age of child . Seriousness of alleged offense . Manner of commission of offense . Nature of offense (person or property) . Probable cause as found in the report, affidavit, or
complaint . Desirability of trial and disposition of entire offense in
one court . Sophistication and maturity of the child . Record and previous history of the child . Prospects for adequate protection of the public and
rehabilitation of child .............
IT IS ADJUDGED that the jurisdiction of this court is waived
and that this case is transferred to the .....(court)..... for trial as if
the child were an adult.
The child shall be held by the sheriff of this county unless a
bond in the amount of $.......... is posted. The child shall appear
before .....(court)..... on .....(date)..... to answer the State of Florida
on the foregoing charges.
DONE AND ORDERED in chambers at ...................., Florida,
on .....(date)......
Circuit Judge
FORM 8.947 DISPOSITION ORDER — DELINQUENCY
DISPOSITION ORDER
A petition was filed on .....(date)....., alleging .....(name)....., …..
age, to be a delinquent child. The court finds that it has jurisdiction
of the proceedings.
Present before the court were:
.....the child;
..... .....(name)....., Assistant State Attorney;
..... .....(name)....., Assistant Public Defender/defense
attorney;
..... .....(name)....., guardian;
..... .....(name)....., DJJ juvenile probation officer.
At the hearing on .....(date)....., after ….. entry of a plea/an
adjudicatory hearing…..the child was found to have committed the
delinquent acts listed below:
Count Count Count
Count
Charge .......... .......... ..........
..........
Lesser .......... .......... ..........
..........
Maximum .......... .......... ..........
..........
Degree .......... .......... ..........
..........
Guilty .......... .......... ..........
..........
Nolo contendere .......... .......... ..........
..........
Nolo prose .......... .......... ..........
..........
Adjudicated .......... .......... ..........
..........
Adj. withheld .......... .......... ..........
..........
The predisposition report was ..... received and
considered/waived by the child .....
The court, having considered the evidence and comments
offered by those present, having inquired, and being otherwise fully
advised in the premises ORDERS THAT:
..... Adjudication of delinquency is withheld.
..... The child is adjudicated delinquent……
..... The child is committed to a licensed child caring agency
..... The child is committed to the Department of Juvenile Justice
for placement in:
..... a minimum-risk nonresidential commitment program, for
an indeterminate period, but no longer than the child’s 21st
birthday or the maximum term of imprisonment an adult may
serve for each count listed above, whichever comes first.
..... a non-secure residential commitment program, for an
indeterminate period, but no longer than the child’s 21st
birthday or the maximum term of imprisonment an adult may
serve for each count listed above, whichever comes first,
because
..... the child is before the court for the disposition of a
felony;
..... the child has previously been adjudicated or had
adjudication withheld for a felony offense;
.....the child previously has been adjudicated or had
adjudication withheld for three or more misdemeanor
offenses within the previous 18 months;
..... the child is before the court for disposition for a
violation of sections 800.03, 806.031, or 828.12,
Florida Statutes; or
..... the court finds by a preponderance of the evidence
that the protection of the public requires such
placement or that the particular needs of the child
would be best served by such placement. The facts
supporting this finding are: ...........
.....a high-risk commitment program, for an indeterminate
period, but no longer than the child’s 21st birthday or
the maximum term of imprisonment an adult may
serve for each count listed above, whichever comes
first, because the child is before the court for the
disposition of a felony.
.....a maximum-risk commitment program, for an
indeterminate period, but no longer than the child’s
21st birthday or the maximum term of imprisonment
an adult may serve for each count listed above,
whichever comes first, because the child meets the
criteria in section 985.465 or 985.494, Florida
Statutes.
..... The child is allowed .......... days credit for time spent in secure
detention or incarceration before this date.
..... The child shall be placed on:
..... home detention ..... with/without ..... electronic
monitoring until placement.
..... secure detention until placement.
..... The court has orally pronounced its reasons for adjudicating
and committing this child.
..... The court retains jurisdiction to accept or reject the discharge
of this child from commitment, as provided by law.
The child is placed on post-commitment juvenile probation for an
indefinite period not to exceed the child’s 19th birthday or the
maximum term of imprisonment an adult could receive for
each count listed above, whichever comes first.
..... Following commitment, the child is placed on conditional
release for a period not to exceed the child’s 21st birthday or
the maximum term of imprisonment an adult could receive for
each count listed above, whichever comes first.
..... JUVENILE PROBATION: The child is ..... placed continued
on..... juvenile probation under supervision of .....the
Department of Juvenile Justice/.....(name)..... and
..... the court having withheld adjudication of delinquency,
for an indefinite period not to exceed the child’s 19th
birthday.
..... the court having adjudicated the child delinquent, for an
indefinite period not to exceed the child’s 19th birthday
or the maximum term of imprisonment an adult could
receive for each count listed above, except for a second
degree misdemeanor, six months, whichever comes first.
..... as part of a sex offender treatment program, for an
indefinite period not to exceed the child’s 21st birthday
or the maximum term of imprisonment an adult could
receive for each count listed above.
..... Disposition on each count is .....concurrent/consecutive ......
..... This case disposition is ..... concurrent with/consecutive
to.....case number ...........
GENERAL CONDITIONS OF JUVENILE PROBATION. The child
must abide by all of the following conditions:
1. The child must obey all laws.
2. The child must be employed full-time or attend school
with no unexcused absences, suspensions, or disciplinary referrals.
3. The child must not change or leave .....his/her....
residence, school, or place of employment without the consent of
.....his/her..... parents and juvenile probation officer.
4. The child must answer truthfully all questions of
.....his/her..... juvenile probation officer and carry out all
instructions of the court and juvenile probation officer.
5. The child must keep in contact with the juvenile
probation officer in the manner prescribed by the juvenile probation
officer.
6. The child must not use or possess alcoholic beverages or
controlled substances.
SPECIAL CONDITIONS OF JUVENILE PROBATION. The child must
abide by all of the conditions marked below:
..... Restitution is ordered.
..... Parent(s) is/are responsible,
..... Child is responsible,
..... jointly and severally with ...........
..... The court reserves jurisdiction to determine the amount of
restitution to be paid.
..... $.......... to be paid to ..... (name) ….. Payments shall begin
.....(date)..... and continue at the rate of $ .......... each month.
..... Community Service. ..... hours are to be performed by the
child at the rate of ..... hours per month. Written proof is to be
provided to the juvenile probation officer.
..... Community service for a delinquent act involving the use or
possession of a firearm, under section 790.22, Florida Statute,
or an offense during the commission of which the child
possessed a firearm, and the child is not committed to a
residential commitment program of the Department of
Juvenile Justice. Community service shall be performed, if
possible, in a manner involving a hospital emergency room or
other medical environment that deals on a regular basis with
trauma patients and gunshot wounds.
..... First offense, 100 hours.
..... Second or subsequent offense, 100 hours to 250 hours.
..... A letter of apology to be written by the child to .....(name)…..
within ….. days. The letter must be a minimum of ..... words.
..... A …… word essay to be written by the child on .....
(subject)…..and provided to the juvenile probation officer
within 30 days.
..... The child must have no ………. contact with victim(s), .....
(name(s)) ......
..... A ..... mental health/substance abuse .....evaluation to be
completed by the child within ….. days. The child will attend
and participate in every scheduled appointment and
successfully attend and complete any and all recommended
evaluations and treatment.
..... A curfew is set for the child from .......... p.m. to .......... a.m.
Sunday through Thursday and from .......... p.m. to ..........
a.m. Friday and Saturday.
..... The child must submit to random urinalysis as instructed by
the Department of Juvenile Justice.
..... The child must submit to electronic monitoring by the
Department of Juvenile Justice.
..... The child must successfully complete all special conditions of
juvenile probation ordered in this case on .....(date)......
..... Other: ...........
..... The child must pay court costs of $ .........., as specified below.
The child is placed on notice that the court may modify the
conditions of .....his/her..... juvenile probation at any time and may
revoke the juvenile probation if the court finds there is a violation of
the conditions imposed.
DRIVER LICENSE
..... The child’s driver license .....is suspended/is revoked/is
withheld/limitation is extended.....:
..... for .....(months/years)......
..... for a delinquent act involving the use or possession of a
firearm, under section 790.22, Florida Statute.
..... First offense, .....(up to one year)......
..... Second or subsequent offense, .....(up to two
years)......
..... for a delinquent act under Chapter 893, Florida Statutes.
..... First offense, .....(up to six months)......
..... Second or subsequent offense, .....(up to two
years)......
SECURE DETENTION FOR FIREARM CHARGES
..... Having found the child committed a violation of section
790.22(3), Florida Statutes, under section 790.22(5), Florida
Statutes, the child is ordered to serve:
..... for a first violation, .......... days (0 to 3), in the Juvenile
Detention Center.
..... for a second violation, .......... days (0 to 15), in the
Juvenile Detention Center.
..... The court finds that the delinquent act in count ..........
involves the use or possession of a firearm other than a
violation of section 790.22(3), Florida Statutes, and the child is
not committed by this order to a residential commitment
program of the Department of Juvenile Justice. Therefore,
under section 790.22(9), Florida Statutes, the child is ordered
to serve:
..... for a first violation, 15 days (minimum), in the
Juvenile Detention Center, and receive no credit for
time served prior to this order.
..... for a second or subsequent violation, 21 days
(minimum), in the Juvenile Detention Center, and
receive no credit for time served prior to this order.
..... .......... days in the Juvenile Detention Center, and
receive no credit for time served prior to this order.
FINES, FEES, AND COSTS:
..... The child must:
..... pay, notwithstanding the child’s present ability to pay,
under sections 938.27 and 985.032, Florida Statutes,
..... $50.00, per case (in disposition of every
misdemeanor case), the costs of prosecution,
..... $100.00, per case (in disposition of every felony
case), the costs of prosecution, or
..... $.......... to .....(agency)....., which, having claimed
costs of prosecution or investigation, as provided by
law, has shown to a preponderance its entitlement
to such costs of prosecution or investigation;
..... pay $.........., the Crimes Compensation Trust Fund fee,
under section 938.03, Florida Statutes;
..... pay $.........., the Teen Court cost and service charge,
under section 938.19, Florida Statutes (if authorized by
county ordinance);
..... pay $ .........., the Public Defender application fee, under
section 27.52, Florida Statutes;
..... pay, notwithstanding the child’s present ability to pay,
the Legal Assistance Lien for payment of attorneys’ fees
or costs, under section 938.29, Florida Statutes,
..... $50.00, per case (in disposition of every
misdemeanor case),
..... $100.00, per case (in disposition of every felony
case), or
..... $.........., the court having found sufficient proof of
higher fees and costs incurred to .....(agency).....;
..... pay $.........., other costs, under section(s) .........., Florida
Statutes.
..... The child has been adjudicated delinquent and the child is
required to pay $.........., an additional cost, under section
939.185, Florida Statutes, if authorized by county ordinance.
..... The child has been adjudicated delinquent and assessed a fine
and the child is required to pay $.......... to the Crime
Prevention Trust Fund, under section 775.083(2), Florida
Statutes.
..... The child has committed an enumerated crime against a
minor and the child is required to pay $ .........., under section
938.10, Florida Statutes.
..... The child has violated chapter 794, Florida Statutes (sexual
battery), or chapter 800, Florida Statutes, (lewdness; indecent
exposure), and is ordered to make restitution to the Crimes
Compensation Trust Fund under section 960.28(5), Florida
Statutes, for the cost of the forensic physical examination.
..... The child has the inability to pay all court costs, and shall
perform .......... hours of community service in lieu of these
costs and fees.
SPECIMENS FROM THE CHILD
..... The child has entered a plea of guilty or nolo contendere to, or
has been found by this court to have committed, a delinquent
act which is a felony or an enumerated misdemeanor, and the
child is required to submit specimens under section 943.325,
Florida Statutes.
ORDERS TO PARENTS/GUARDIANS
..... The parent(s) .....is/are.....
..... to complete.....counseling/parenting classes/community
service/restitution.....
..... participate with the child in .....court-imposed
sanction/community work project.....
..... Under section 985.039, Florida Statutes:
..... the parent/legal guardian, .....(name)....., must pay to the
Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, $5 per day for each day the
child is placed in secure detention or placed on
committed status and the temporary legal custody of the
child is placed with the department.
..... the parent/legal guardian, .....(name).....,, must pay to
the Department of Juvenile Justice, 2737 Centerview
Drive, Tallahassee, FL 32399-3100, $1 per day for each
day the child is placed into non-secure detention, on
probation, or other supervision status with the
department, or is committed to the minimum risk
nonresidential restrictiveness level commitment.
..... the parent/legal guardian, .....(name)....., must pay to the
Department of Juvenile Justice, 2737 Centerview Drive,
Tallahassee, FL 32399-3100, a REDUCED fee of $..... per
day for each day the child is in the custody of or
supervised by the department. This reduced fee is based
on the court’s finding:
..... that the parent/legal guardian was the victim of the
delinquent act or violation of law for which the child
is currently before the court and is cooperating in
the investigation of the offense.
..... of indigency or significant financial hardship. The
facts supporting this finding are: ...........
..... The cost of care/supervision fee is WAIVED based on the
court’s finding:
..... that the parent/legal guardian was the victim of the
delinquent act or violation of law for which the child
is currently before the court and is cooperating in
the investigation of the offense.
..... of indigency or significant financial hardship. The
facts supporting this finding are: ...........
..... The parent/guardian, .....(name)....., .....(address)....., shall be
liable for ..........% of the payment. The parent/guardian,
.....(name)....., .....(address)....., shall be liable for ..........% of
the payment.
The parties are advised that an appeal is allowed within 30
days of the date of this order.
DONE AND ORDERED in ..... (city) ....., .......... County, Florida
on .....(date) ....., at .......... a.m./p.m.
Circuit Judge
Copies to:
FORM 8.948 PETITION FOR REVOCATION OF JUVENILE
PROBATION
PETITION FOR REVOCATION OF
JUVENILE PROBATION
The petitioner represents to the court that ....................,
whose residence and address is .................... was adjudicated a
.................... child and placed on juvenile probation by order of this
court dated ...................., and that the child has violated the
conditions of the juvenile probation in a material respect by:
....................
The petitioner represents further that the parent(s) or
custodian(s) .....is/are.....:
…………………..
…………………….
Mother
Residence
…………………..
…………………….
Father
Residence
…………………..
…………………….
Custodian Residence
WHEREFORE, your petitioner requests that process may issue
to bring the above-named child before this court to be dealt with
according to law.
Date: ....................
Petitioner
FORM 8.949 ORDER FOR HIV TESTING
ORDER FOR HUMAN IMMUNODEFICIENCY
VIRUS (HIV) TESTING
The court having been requested by the .....victim/ victim’s
legal guardian/minor victim’s parent..... for disclosure of the child’s
HIV test results FINDS that:
The child, .....(name)....., .....is alleged by petition for
delinquency to have committed/has been adjudicated delinquent
for..... a sexual offense proscribed in chapter 794 or section
800.004, Florida Statutes, involving the transmission of body fluids
from one person to another.
It is ORDERED AND ADJUDGED that:
1. The child, .....(name)....., shall immediately undergo
Human Immunodeficiency Virus testing.
2. The testing shall be performed under the direction of the
Department of Health in accordance with section 381.004, Florida
Statutes.
3. The results of the test performed on the child pursuant to
this order shall not be admissible in any juvenile proceeding arising
out of the .....alleged sexual offense/sexual offense. The results of the test shall be disclosed, under the
direction of the department, to the child and to the
.....victim/victim’s legal guardian/minor victim’s parent...... The
department shall ensure that the provisions of section 381.004,
Florida Statutes, for personal counseling are available to the party
requesting the test results.
DONE AND ORDERED at ...................., Florida, .....(date)......
Circuit Judge
FORM 8.950 RESTITUTION ORDER
JUDGMENT AND RESTITUTION ORDER
THIS CAUSE was heard on .....(date)....., on the state’s motion
for an order requiring the child, born .....(date)....., or .....his/her.....
parent(s), to pay restitution costs for the benefit of the victim
pursuant to sections 985.0301(5)(i), 985.437, and 775.089, Florida
Statutes.
Name of victim: ....................
Attorney or Advocate: ....................
Address: ....................
The court being fully advised in the premises, it is ORDERED
AND ADJUDGED:
The state’s motion is granted and the .....child/ child’s
parent(s), .....(name(s))....., shall pay restitution for the benefit of the
victim named above as follows:
..... $..... for medical and related services and devices relating to
physical, psychiatric, and psychological care, including nonmedical
care rendered in accordance with a recognized method of healing.
..... $..... for necessary physical and occupational therapy and
rehabilitation.
..... $..... to reimburse the victim for income lost as a result of the
offense.
..... $..... for necessary funeral and related services, if the offense
caused bodily injury resulting in the death of the victim.
..... $..... for damages resulting from the offense.
..... $..... for .....................
The total amount of restitution due is $......
Payment shall be made to the clerk of the circuit court.
Payment schedule:
..... Installment payments of $..... payable on a
.....weekly/monthly..... basis.
..... Payment is due in full.
..... The court finds that the .....child/child’s parent(s).....
.....is/are..... unable to pay and orders the child to perform .....
hours of community service in lieu of .....partial/total.....
restitution.
The court retains jurisdiction over this child beyond
.....his/her..... nineteenth birthday in order to enforce the
provisions of this order and retains jurisdiction to modify the
restitution in this case.
Other, specified conditions: ……….
IT IS FURTHER ORDERED AND ADJUDGED that the clerk of
the court shall provide the victim named above a certified copy of
this order for the victim to record this judgment as a lien, pursuant
to section 55.10, Florida Statutes.
IT IS FURTHER ORDERED AND ADJUDGED that this
judgment may be enforced by the state or the victim in order to
receive restitution in the same manner as a judgment in a civil
action. Execution shall issue for all payments required under this
order.
DONE AND ORDERED AT .....(city)....., .....(county)....., Florida,
on .....(date)......
Circuit Judge
Copies to:
State Attorney
Counsel for Child
Victim
Department of Juvenile Justice
Parent(s)
FORM 8.951 MOTION FOR JUVENILE SEXUAL OFFENDER
PLACEMENT
MOTION FOR JUVENILE SEXUAL
OFFENDER PLACEMENT
Comes now the .....State of Florida, by and through the
undersigned assistant state attorney/Department of Juvenile
Justice, by and through its undersigned counsel....., and moves the
court for Juvenile Sexual Offender placement. In support thereof,
movant would show:
..... that the juvenile has been found by the court, under section
985.35, Florida Statutes, to have committed a violation of chapter
794, chapter 796, chapter 800, section 827.071, or section
847.0133, Florida Statutes; or
..... that the juvenile has been found to have committed any
violation of law or delinquent act involving juvenile sexual abuse as
defined in section 985.475(1), Florida Statutes.
Placement in a juvenile sexual offender program is required for
the protection of the public and would best serve the needs of this
juvenile.
WHEREFORE, as this child meets the juvenile sexual offender
placement criteria, the .....state/ department..... respectfully
requests this court to enter an order placing the child as a juvenile
sexual offender under section 985.48, Florida Statutes.
Date: ....................
Assistant State Attorney/DJJ
Attorney
.....(address & phone no.).....
Florida Bar No.: ..........
FORM 8.952 FINDINGS FOR JUVENILE SEXUAL OFFENDER
REGISTRATION
REQUIRED FINDINGS FOR JUVENILE SEXUAL OFFENDER
REGISTRATION
The following findings are to be made for adjudications of
delinquency made on or after July 1, 2007, for committing, or
attempting, soliciting, or conspiring to commit any of the following
offenses, when the offender is 14 years of age or older at the time of
the offense.
Check the appropriate charge and make the corresponding findings:
Date of the offense: ....................
Offender’s age at date of offense: ....................
Victim’s age at date of offense: ....................
..... F.S. 794.011: Sexual Battery: Oral, anal, or vaginal
penetration by, or union with, the sexual organ of another, or the
anal or vaginal penetration of another by any other object.
(Sexual offender registration is required if the offender is 14
years of age or older at the time of the offense.)
….. F.S. 800.40(4)(b): Lewd or Lascivious Battery: Encouraging,
forcing, or enticing any person less than 16 years of age to
engage in sadomasochistic abuse, sexual bestiality, prostitution, or
any other act involving sexual activity.
(Sexual offender registration is required if the offender is 14
years of age or older at the time of the offense and at least one
of the lines below is checked “Yes.”)
Was the victim under the age of 12 at the time of the offense?
Yes ..... No .....
Did the sexual activity involve force or coercion? Yes ..... No
.....
..... F.S. 800.04(5)(d): Lewd or Lascivious Molestation – Victim
12-15: Intentionally touching the breasts, genitals, genital area,
buttocks, or the clothing covering them, of a person 12 years of
age or older but less than 16 years of age, or forcing or enticing a
person less than 16 years of age to so touch the perpetrator.
(Sexual offender registration is required if the offender is 14
years of age or older at the time of the offense and both boxes
below are checked “Yes.”)
Did the sexual activity involve unclothed genitals? Yes ..... No
......
Did the sexual activity involve force or coercion? Yes ..... No
.....
..... F.S. 800.04(5)(c): Lewd or Lascivious Molestation – Victim
under 12: Intentionally touching the breasts, genitals, genital
area, buttocks, or the clothing covering them, of a person less
than 12 years of age, or forcing or enticing a person less than 12
years of age to so touch the perpetrator.
(Sexual offender registration is required if the offender is 14
years of age or older at the time of the offense and the box
below is checked “Yes.”)
Did the sexual activity involve unclothed genitals? Yes ..... No
......
(Check one only)
SEXUAL OFFENDER REGISTRATION IS REQUIRED ......
SEXUAL OFFENDER REGISTRATION IS NOT REQUIRED ......
DONE AND ORDERED ON .....(date).....
Circuit Judge
FORM 8.953 WAIVER OF RIGHTS
WAIVER OF RIGHTS
1. Right to counsel.
I have the right to have a lawyer help me at all times while I
am in juvenile court. If I cannot afford a lawyer, the court will
appoint one to help me. The person next to me is a lawyer who can
help me.
I have talked to a lawyer about my case.
2. Entering a plea.
This means that I am not fighting the charge(s). It means that
I am entering a plea of guilty or no contest.
By pleading guilty, I am admitting that I did the crime(s) that
the state says I did.
By pleading no contest, I am entering a plea because it is in
my best interest, but I am not admitting that I did anything wrong.
3. Nature of the charge(s) against me.
I know the crime(s) I have been charged with and what they
mean.
I understand what crime(s) I am entering a plea to and which
ones (if any) the state will dismiss.
4. Constitutional Rights
By entering a plea, I am giving up the following constitutional
rights:
(a) Presumption of innocence.
Right now I am considered innocent and the state has to
prove that I am guilty or that I did what they say I did beyond a
reasonable doubt. I do not have to prove that I am innocent.
(b) Right to trial.
The state would try to prove I am guilty at a trial or
adjudicatory hearing. The state may use evidence such as witness
testimony, fingerprints, videos, or photos.
(c) Right to call and cross examine witnesses.
Witness testimony would be people who have information
about the crime that are required to come to the trial. They will
swear to tell the truth and answer questions by the prosecutor and
my lawyer. The state would ask the witnesses questions and my
lawyer and I would also be able to ask the witnesses questions.
I would also have the right to call my own witnesses at
trial to tell my side of the story and speak for me on my behalf.
(d) Right to testify on your own behalf.
I would also have the right to tell the judge my side of the
story after discussion with my lawyer.
(e) Right to remain silent.
I do not have to tell my side of the story. I can sit with
my lawyer and not say anything. My decision to not talk or present
evidence will not affect how the judge decides whether I am guilty or
not guilty.
5. Evidence and/or Defenses.
My lawyer has informed me of the facts that the state would
have to prove before I could be found guilty and has discussed with
me any possible defenses that could be used in my case. I am
entering this plea because I think the state could prove I am guilty
if we went to trial or because it is in my best interest.
6. Consequences of a Plea.
My lawyer, or the court, has informed me of the possible
consequences of entering into this plea, including, but not limited
to:
(a) loss of driver license;
(b) deportation issues;
(c) how this will affect my record and future
punishment from the court, including possible consequences in
adult court;
(d) how this affects my ability to get a job, join the
military, or apply for college;
(e) how this will affect my ability or my parent’s or
guardian’s ability to secure or maintain housing; and
(f) issues relating to sex offender registration and
notification as well as Jimmy Ryce consequences.
7. Voluntary and Intelligent.
I am entering this plea because I want to or because I think it
is in my best interest. No one is forcing me to enter this plea. No
promises or threats have been made to get me to enter this plea.
I am not under the influence of alcohol, drugs, or medications
at this time.
8. Appeal.
If I went to trial and the juvenile court judge decided that I was
guilty, I could ask some other judges, called appellate judges, to
look over the trial and decide if the trial was fair and if the decision
was fair and correct.
This is called my right to appeal. However, if the judge accepts
this plea, the only issues I will be able to appeal are those that
relate to my sentence and to the judge’s authority to hear my case.
I am presently represented by …..(name)…… My lawyer has
gone over all my rights and I am satisfied with the advice and help
of my lawyer.
Child Attorney for child Date
(print name) (print name)
C. DEPENDENCY FORMS
FORM 8.958 ORDER APPOINTING SURROGATE PARENT
ORDER APPOINTING SURROGATE PARENT
FOR DEPENDENT CHILD WHO HAS OR IS
SUSPECTED OF HAVING A DISABILITY
The court finds that:
1. The child has, or is suspected of having, a disability as
defined in the Individuals with Disabilities in Education Act
(“IDEA”) and F.S. 1003.01(3).
2. A surrogate parent is needed to act in the place of a
parent in educational decision-making and in safeguarding the
child’s rights under the IDEA.
3. The child is entitled, under the Individuals with
Disabilities in Education Act (“IDEA”), 20 U.S.C. §1415(b)(2); 34
C.F.R. §§300.515 and 303.406; F.S. 39.0016(3)-(4), 39.4085(17);
and Fla. Admin. Code 6A-6.0333, to the assistance of a surrogate
parent be-cause (check all that apply):
..... Parental rights have been terminated
..... Parents cannot be located
..... No parent is available to make education decisions
related to the child’s disability
..... Foster parent is unwilling or unable to make educational
decisions related to the child’s disability
..... Child resides in a group home or therapeutic foster home
..... Other: ....................
ACCORDINGLY, it is ORDERED that:
1. .....(Name)..... is appointed as a surrogate parent for
.....(child’s name)......
2. The surrogate parent named above has the following
rights, duties, and responsibilities:
a. to request or respond to requests for evaluations of
the child;
b. to review and keep confidential the child’s
educational records;
c. to request and participate in school meetings including
Individual Education Plan (IEP) meetings;
d. to express approval or disapproval of a child’s
educational placement or IEP;
e. to monitor the child’s educational development;
f. to help the child access available and needed
educational services;
g. to aid the child in securing all rights provided the
child under the IDEA;
h. to meet the child face-to-face
i. to be afforded all of the due process rights parents
hold under the IDEA
3. The surrogate parent may also do the following: (check all
that apply)
..... attend appropriate court hearings to address the
educational needs of the child. The surrogate parent will be
provided notice of all dependency court hearings.
..... attend dependency staffings. The community-based care
provider will invite the surrogate parent to all permanency staffings
and any other staffings when the child’s educational needs will be
addressed. See F.A.C. 65C-28.006.
..... ....................
..... . As to issues affecting the provision of a Free Appropriate
Public Education, principals, teachers, administrators, and other
employees of the .......... County Public Schools shall communicate
with the surrogate parent and accept the requests or decisions of
the surrogate parent in the same manner as if he or she were the
child’s parent.
5. Unless the court explicitly orders otherwise, the
surrogate parent does not have the right and responsibility to
register the child in school, and grant or withhold consent for
ordinary school decisions not related to IDEA (such as field trips,
sports and club activities, medical care, etc.).
6. The surrogate parent must have access to and keep
confidential the child’s records including, but not limited to, records
from the school system, community-based care provider or agency,
and any mental health or medical evaluations or assessments.
7. By law, the surrogate parent has no liability for actions
taken in good faith on behalf of the child in protecting the special
education rights of the child.
ORDERED on .....(date)....., in .........., .......... County, Florida.
Circuit Judge
Copies to:
County Public Schools c/o Director, Exceptional Student
Education, Surrogate parent named above
(Check all that apply)
..... Attorney for DCF: .....(name).....
..... DCF caseworker: .....(name).....
..... Guardian ad Litem: ....(name).....
..... Attorney for mother: .....(name).....
..... Attorney for father: .....(name).....
..... Attorney for child: .....(name).....
..... Child named above .....(name).....
..... Foster parent: .....(name).....
..... Relative caregiver: .....(name).....
..... Child’s principal: .....(name)..... at ................... School
..... Other: ....................
..... Other: ....................
FORM 8.959 SUMMONS FOR DEPENDENCY ARRAIGNMENT
SUMMONS AND NOTICE OF HEARING
STATE OF FLORIDA
TO: .....(name and address of person being summoned).....
.....(Petitioner’s name)..... has filed in this court a
petition, alleging under oath that the above-named child(ren) is/are
dependent under the laws of the State of Florida and requesting
that a summons issue in due course requiring that you appear
before this court to be dealt with according to law. A copy of the
petition is attached to this summons.
You are to appear before this Court at .....(location of
hearing)....., at .....(time and date of hearing)......
FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS
CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR
CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF
CUSTODY OF THIS CHILD (OR CHILDREN).
IF YOU FAIL TO APPEAR YOU MAY BE HELD IN CONTEMPT OF
COURT.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
Witness my hand and seal of this court at .....(city, county,
and state)....., on .....(date)......
CLERK OF COURT
BY:
DEPUTY CLERK
CITATORIO Y AVISO DE AUDIENCIA
ESTADO DE FLORIDA
PARA: ..... (nombre y dirección de la persona citada).....
..... (Nombre del peticionario)..... ha presentado en este
tribunal una petición, alegando bajo juramento que los niños
mencionados anteriormente son dependientes según las leyes del
Estado de Florida y solicitando que se emita un citatorio a su
debido tiempo que requiera que comparezca ante este tribunal para
ser tratado de acuerdo con la ley. Se adjunta copia de la petición a
este citatorio.
Deberá comparecer ante este Tribunal en ..... (lugar de la
audiencia)....., en ..... (hora y fecha de la audiencia)......
NO COMPARECER EN LA AUDIENCIA DE TUTELA CONSTITUYE
UN CONSENTIMIENTO PARA LA ADJUDICACIÓN DE ESTE NIÑO
(O NIÑOS) COMO HIJO (O HIJOS) DEPENDIENTE(S) Y, EN
ÚLTIMA INSTANCIA, PUEDE RESULTAR EN LA PÉRDIDA DE LA
CUSTODIA DE ESTE NIÑO (O NIÑOS).
SI NO SE PRESENTA, PUEDE SER DECLARADO EN DESACATO AL
TRIBUNAL.
COMENTARIO: El siguiente párrafo debe estar en negrita, 14 pt.
fuente Times New Roman o Courier.
Si usted es una persona con una discapacidad que necesita
alguna adaptación para participar en este procedimiento, tiene
derecho, sin costo alguno para usted, a que se le provea de
cierta asistencia. Póngase en contacto con ..... (nombre,
dirección, número de teléfono)..... al menos 7 días antes de su
comparecencia programada ante el tribunal, o inmediatamente
después de recibir esta notificación si el tiempo antes de la
comparecencia programada es inferior a 7 días. Si tiene
problemas de audición o de voz, llame al 711.
Doy fe con mi firma y sello de este tribunal en..... (ciudad, condado
y estado)....., en ..... (fecha)......
SECRETARIO DEL TRIBUNAL
POR: _________________________
SECRETARIO ADJUNTO
FORM 8.960 SHELTER PETITION
AFFIDAVIT AND PETITION FOR PLACEMENT IN SHELTER
COMES NOW, the undersigned, who being first duly sworn
says:
1. On .....(date)..... at .......... a.m./p.m. the above named
minor child(ren) was/were found within the jurisdiction of this
court.
..... The child(ren) was/were taken into custody by ...........
..... The child(ren) need(s) to be taken into protective custody.
2. The name, age, special needs, and residence of this/these
child(ren) is/are:
Birth Special
Name date Sex Needs Address
....................... ................... ................ .......................
.......................
....................... ................... ................ .......................
.......................
....................... ................... ................ .......................
. The name, relationship to the child(ren), and address of
the child(ren)’s parents or other legal custodian(s) is/are:
Name Relationship Address
..................... ..................... .....................
..................... ..................... . The following individuals who were listed in #3 above
have been notified in the following manner of the date, time, and
location of this hearing:
Name Manner Notified
…………………………………
………………………………….
…………………………………
………………………………….
…………………………………
………………………………….
5. There is probable cause that the child(ren)
..... a. has/have been abused, abandoned, or neglected ort
is/are in imminent danger of illness or injury as a result of abuse,
abandonment, or neglect;
..... b. was/were with a parent or legal custodian who has
materially violated a condition of placement imposed by the court;
..... c. has/have no legal custodian, or responsible adult relative
immediately known and available to provide supervision and care;
because . The provision of appropriate and available services will
not eliminate the need for placement of the child(ren) in shelter care
because:
..... a. an emergency existed in which the child(ren) could not
safely remain in the home;
..... b. the home situation presents a substantial and immediate
danger to the child(ren) which cannot be mitigated by the provision
of preventive services;
..... c. the child(ren) could not be protected in the home despite
the provision of the following services and efforts made by the
Department of Children and Families to prevent or eliminate the
need for placement in shelter care;
..... d. the child(ren) cannot safely remain at home because
there are no preventive services that can ensure the safety of the
children.
7. The department has made reasonable efforts to keep the
siblings together after the removal from the home. The reasonable
efforts of the department were ..........
..... a. The children are currently placed together ...........
..... b. A foster home is not available to place the siblings
together because ...........
..... c. It is not in the best interest of each child that all the
siblings be placed together in out-of-home care because . On-going visitation or interaction between the siblings
.....(list)..... is
..... a. recommended as follows ...........
..... b. not recommended because visitation or interaction would
be contrary to the safety or well-being of .....(name(s))..... because
. The child(ren) is/are in need of and the petitioner
requests the appointment of a guardian ad litem.
10. The petitioner requests that the parents, if able, be
ordered to pay fees for the care, support, and maintenance of the
child(ren) as established by the department under chapter 39,
Florida Statutes.
11. The petitioner requests that the parents be ordered to
provide to the Department of Children and Families and the
Department of Revenue financial information necessary to
accurately calculate child support under section 61.30, Florida
Statutes, within 28 days of this order.
12. This affidavit and petition is filed in good faith and under
oath.
WHEREFORE, the affiant requests that this court order that
this/these child(ren) be placed in the custody of the department
until further order of this court and that the place of such custody
shall be:
..... at the discretion of the Department of Children and Families;
..... at the home of a responsible adult relative, .....(name).....,
whose address is ...............;
..... other.
Moving Party
.....(attorney’s name).....
.....(address and telephone
number).....
E-mail address: ..........
Florida Bar number: ..........
Verification
NOTICE TO PARENTS/GUARDIANS/LEGAL CUSTODIANS
A date and time for an arraignment hearing is normally set at
this shelter hearing. If one is not set or if there are questions, you
should contact the Juvenile Court Clerk’s Office at ........... A copy of
the Petition for Dependency will be given to you or to your attorney,
if you have one. A copy will also be available in the clerk’s office.
You have a right to have an attorney represent you at this hearing
and during the dependency proceedings and an attorney will be
appointed for you if you request an attorney and the court finds
that you are unable to afford an attorney.
COMMENT: The following paragraph must be in bold, 14 pt.
Times New Roman or Courier font.
If you are a person with a disability who needs any accommodation to
participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact .....(name, address, telephone
number)..... at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days. If you are hearing or voice impaired, call 711.
FORM 8.961 SHELTER ORDER
ORDER FOR PLACEMENT IN SHELTER
THIS CAUSE came on to be heard under chapter 39, Florida
Statutes, on the sworn AFFIDAVIT AND PETITION FOR
PLACEMENT IN SHELTER CARE filed by .....(petitioner’s name).....,
on .....(date)...... The following persons appeared before the court:
..... Petitioner ……….
..... Petitioner’s attorney ……….
..... Mother ………..
..... Father(s) ……….
..... Legal custodian(s) ……….
..... Guardian ad litem ……….
..... GAL attorney ……….
..... Attorney for the Child ……….
..... Other: ……….
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
and the Court having reviewed its file and having been otherwise
duly advised in the premises finds as follows:
1. The minor child(ren), .........., was/were found
within the jurisdiction of this court and is/are of an age subject to
the jurisdiction of this court.
2. PLACEMENT IN SHELTER.
..... The minor child(ren) was/were placed in shelter on
.....(date)..... at .......... a.m./p.m. by .....(name)....., a duly
authorized agent of the department.
..... The minor child(ren) need(s) to be placed in shelter at the
request of the petitioner for the reasons stated in this order.
3. PARENTS/CUSTODIANS. The parents/custodians
of the minor child(ren) are:
Name Address
Mother: .......... ..........
Father of .....(child’s name).....:
.......... ..........
Other: .....(relationship and to which child).....
.......... . INABILITY TO NOTIFY AND/OR LOCATE
PARENTS/CUSTODIANS. The petitioner has made a good faith
effort to notify and/or locate, but was unable to notify and/or locate
.....(name(s))....., a parent or legal custodian of the minor child(ren).
5. NOTIFICATION. Each parent/legal custodian not listed
in #4 above was:
..... duly notified that the child(ren) was/were taken into custody;
..... duly notified to be present at this hearing;
..... served with a statement setting forth a summary of procedures
involved in dependency cases;
….. notified that if they are on active military duty, they may have
the right to certain protections under the Servicemember Civil Relief
Act (50 U.S.C. ss. 3901 et seq.);
..... advised of their right to counsel; and
..... was represented by counsel, .....(name).....
..... knowingly, voluntarily, and intelligently waived the right;
or
..... the court declined to accept the waiver because ..........
..... requested appointment of counsel, but the court declined
appointment because he/she did not qualify as indigent.
..... requested appointment of counsel and counsel was
appointed.
6. PROBABLE CAUSE.
..... Based on the allegations in the Affidavit and Petition for
Placement in Shelter, there is probable cause to believe that the
child(ren) is/are dependent based on allegations of abuse,
abandonment, or neglect or substantial risk of same.
..... A finding of probable cause cannot be made at this time and
the court requires additional information to determine the risk to
the child(ren). The following information must be provided to the
court during the continuation of this hearing: .....(information to be
provided)...... This hearing is continued for 72 hours, until .....(date
and time)...... The children will remain in shelter care.
7. NEED FOR PLACEMENT. Placement of the child(ren) in
shelter care is in the best interest of the child(ren). Continuation in
the home is contrary to the welfare of the child(ren) because the
home situation presents a substantial and immediate danger which
cannot be mitigated by the provision of preventive services and
placement is necessary to protect the child(ren) as shown by the
following facts:
..... the child(ren) was/were abused, abandoned, or neglected, or
is/are suffering from or in imminent danger of injury or illness as a
result of abuse, abandonment, or neglect, specifically: ..........
..... the custodian has materially violated a condition of placement
imposed by the court, specifically: ..........
..... the child(ren) has/have no parent, legal custodian, or
responsible adult relative immediately known and available to
provide supervision and care, specifically: . REASONABLE EFFORTS.
..... Reasonable efforts to prevent or eliminate the need for
removing the child(ren) from the home have been made by the
department, which provided the following services to the family:
..........
..... The following specific services, if available, could prevent or
eliminate the need for removal or continued removal of the child
from the home ..........
..... The date these services are expected to be available is ..........
..... The department is deemed to have made reasonable efforts to
prevent or eliminate the need for removal from the home because:
..... The first contact with the department occurred during an
emergency.
..... The appraisal of the home situation by the department
indicates a substantial and immediate danger to the child(ren)
which cannot be mitigated by the provision of preventive services.
..... The child(ren) cannot safely remain at home because no
services exist that can ensure the safety of the child(ren). Services
are not available because ..........
..... Even with appropriate services, the child(ren)’s safety
cannot be ensured.
..... The department has made reasonable efforts to keep siblings
together after the removal from the home. The reasonable efforts of
the department were ..........
..... It is not in the best interest of each child that all the siblings
be placed together in out-of-home care because . RELATIVE PLACEMENT.
..... The court asked any parents present whether the parents have
relatives that might be considered as a placement for the child(ren).
..... The court advised any parents present that the parents have a
continuing duty to inform the department of any relative who
should be considered for placement of the child.
..... By this order, the court notifies the relatives who are providing
out-of-home care for the child(ren) of the right to attend all
subsequent hearings, to submit reports to the court, and to speak
to the court regarding the child(ren), if they so desire.
It is, therefore, ORDERED AND ADJUDGED, as follows:
. The child(ren) shall remain/be placed in the shelter
custody of:
..... the department, with the department having the
discretion to shelter the child(ren) with a relative or other
responsible adult on completion of a positive homestudy, abuse
registry, and criminal background checks. The department shall
have placement and care responsibility while the child(ren) is/are
under protective supervision in an out-of-home placement.
..... all the children shall be placed together in a foster home
if available.
..... a foster home is not available for all the children because
..........
..... placement of all the children in the same foster home is not in
the best interest of the child(ren) .....(identify the child(ren)).....
because ..........
..... Other: . The child(ren) ..... may ..... may not be returned to the
parent/custodian without further order of this court.
3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in
section 39.01305, Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order,
shall provide to the department the information necessary to
accurately calculate child support under section 61.30, Florida
Statutes. The parents shall pay child support in accordance with
Florida Statutes.
5. The legal custodian, or in the absence of the legal
custodian, the department and its agents, are hereby authorized to
provide consent for and to obtain ordinary and necessary medical
and dental treatment and examination for the above child(ren)
including blood testing deemed medically appropriate, and
necessary preventive care, including ordinary immunizations and
tuberculin testing.
6. Visitation with the child(ren) shall be as follows:
By the parents ..........
Between the sibling children ..........
Visitation or interaction between the children .....(identify
child(ren))..... is not ordered as it will be contrary to the safety or
well-being of .....(identify child(ren)) because . The parents shall provide to the court and all parties
identification and location information regarding potential relative
placements.
8. The relatives who are providing out-of-home care for the
child(ren) have the right to attend all subsequent hearings, to
submit reports to the court, and to speak to the court regarding the
child(ren), if they so desire.
9. THE COURT ADVISED THE PARENTS:
A. TO TAKE ACTION TO COMPLY WITH THE CASE
PLAN SO PERMANENCY WITH THE CHILD MAY
OCCUR WITHIN THE SHORTEST PERIOD OF TIME
POSSIBLE, BUT NO LATER THAN 1 YEAR AFTER
REMOVAL OR ADJUDICATION OF THE CHILD.
B TO STAY IN CONTACT WITH THEIR ATTORNEY
AND THEIR CASE MANAGER AND PROVIDE UPDATED
CONTACT INFORMATION IF THE PARENTS’ PHONE
NUMBER, ADDRESS, OR E-MAIL ADDRESS CHANGES.
C. TO NOTIFY THE PARTIES AND THE COURT OF
BARRIERS TO COMPLETING CASE PLAN TASKS
WITHIN A REASONABLE TIME AFTER DISCOVERING
SUCH BARRIERS.
D. THAT IF THE PARENTS FAIL TO
SUBSTANTIALLY COMPLY WITH THE CASE PLAN
THEIR PARENTAL RIGHTS MAY BE TERMINATED
AND THE CHILD(REN)’S OUT-OF-HOME PLACEMENT
MAY BECOME PERMANENT.
10. Special conditions: . This court retains jurisdiction over this matter to enter
any other and further orders as may be deemed to be in the best
interest and welfare of this/these child(ren).
12. If a Petition for Dependency is subsequently filed in this
cause, the Arraignment Hearing is scheduled for .....(date)....., at
.......... a.m./p.m. at .....(location of arraignment)...... The
parents have a right to be represented by an attorney at the
arraignment hearing and during the dependency proceedings.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact …..(name, address, telephone
number)….. at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days.
If you are hearing or voice impaired, call 711.
ORDERED in .......... County, Florida on .....(date)....., at
.......... a.m./p.m.
Circuit Judge
FORM 8.961(A) ORDER AUTHORIZING ACCESS TO CHILD’S
MEDICAL AND EDUCATIONAL RECORDS
ORDER AUTHORIZING ACCESS TO CHILD’S MEDICAL
AND EDUCATIONAL RECORDS
THIS CAUSE came on to be heard under sec. 39.402, Florida
Statutes, concerning access to the medical and educational records
of ...................., a child.
The Court finds
A. As to medical records and information:
..... ...................., mother/father of ..................., the child,
consents to the entry of this order, and to the court’s providing
access to the child’s medical records to the department, its contract
agencies, and any guardian ad litem and attorney for the child, and
to provide the child’s medical information to the court.
..... No parent or legal guardian of the child is available or
able to consent to the entry of this order, or the parents withhold
consent to providing access to the child’s medical records and/or to
providing the requested medical information.
..... Access to the child’s medical records and information is
necessary to provide services to the child.
B. As to educational records and information.
..... ...................., mother/father of ...................., the child,
consents to the entry of this order, and to the court’s providing
access to the child’s educational records to the department, its
contract agencies, and any guardian ad litem and attorney for the
child, and to provide the child’s educational information to the
court.
..... No parent or legal guardian of the child is available or
able to consent to the entry of this order, or the parents withhold
consent to providing access to the child’s educational records
and/or to providing the requested educational information.
..... Access to the child educational records and information
is necessary to provide services to the child.
Therefore, it is ORDERED
The department, .....(name of CBC)....., its contract agencies,
.....(name)....., guardian ad litem, and .....(name)....., attorney for
child, are authorized to access .....(child’s name).....’s medical and
educational records and information, until further order of this
court.
..... This order does not address the child’s privacy rights to
any of these records or information that may exist under Florida
law. The child may assert to this court any objection under privacy
rights to the release of this information
ORDERED on .....(date)....., in .........., .......... County, Florida
Circuit Judge
Copies to:
(Check all that apply)
..... Attorney for DCF: .....(name).....
..... Caseworker: .....(name).....
..... Guardian ad litem: .....(name).....
..... Attorney for mother: .....(name).....
..... Attorney for father: .....(name).....
..... Attorney ad litem for child: .....(name).....
..... Child named above: .....(name).....
..... Other: ....................
..... Other: ....................
FORM 8.964 DEPENDENCY PETITION
PETITION FOR DEPENDENCY
COMES NOW, Petitioner, .....(name)....., by and through
undersigned counsel, and petitions this court to adjudicate the
above-named minor child(ren) to be dependent within the meaning
and intent of chapter 39, Florida Statutes. As grounds, petitioner
alleges the following:
1. This court has jurisdiction over the minor child(ren),
.....(name(s))....., a .....(gender)..... child, whose date(s) of birth is/are
.........., and who, at the time the dependency arose, was/were in
the custody of .....(name(s))......
2. The natural mother of the minor child(ren) is
.....(name)....., a resident of .....(state)....., whose address is ………..
3. The father of the minor child(ren), .....(name(s))..... is
.....(name)....., whose address is ……….. The father ..... is ..... is not
married to the mother, and ..... is ..... is not listed on the child(ren)’s
birth certificate(s). The mother filed a Sworn Statement About
Identity or Location of Father with this court on .....(date)....., which
named ………. as the father.
4. The UCCJEA Affidavit ..... is attached ..... was filed with
the Court on .....(date)..... and is incorporated by reference.
5. The child(ren) is/are dependent within the meaning and
intent of chapter 39, Florida Statutes, in that the
mother/father/parents/legal custodian/caregiver(s) abused,
abandoned, or neglected the minor child(ren) on or about
.....(date)....., by: .................... and that these activities and
environments cause the child(ren)’s physical, mental, or emotional
health to be in danger of being significantly impaired.
OR
5. The above named child(ren) is/are presently under
substantial risk or imminent threat of harm or abuse or neglect,
within the meaning and intent of chapter 39, Florida Statutes,
which is likely to cause the child(ren)’s physical health to be
significantly impaired because . The department is unable to ensure the protection of the
minor child(ren) without judicial intervention.
7. The mother/father/parents has/have received the
following services: . A shelter hearing was held on .....(date)....., and the
child(ren) was/were placed in the custody of . An arraignment hearing
..... needs to be scheduled.
..... is scheduled for .....(date and time)......
10. A guardian ad litem
..... needs to be appointed.
..... was appointed at the shelter hearing to represent
the child(ren).
11. .....(name of child(ren))..... has/have special needs as
defined in Chapter 39, Florida Statutes. An attorney:
..... needs to be appointed.
..... has been appointed.
12. Under chapter 39, Florida Statutes, the clerk of the court
is required to issue a summons to the following parents or
custodians:
The natural mother, .....(name)....., whose address is
.....................
The natural father, .....(name)....., whose address is
.....................
.....(Additional fathers and their addresses)......
WHEREFORE, the petitioner asks that process may issue in
due course to bring the above-named parties before the court to be
dealt with according to the law, to adjudicate the named minor
child(ren) named to be dependent.
….(Petitioner’s name)……
…… (Attorney’s name)…..
….. (address and telephone number)
Florida Bar Number:……….
Verification
Certificate of service
NOTICE OF RIGHTS
PLEASE READ THIS PETITION BEFORE ENTERING THE
COURTROOM.
YOU HAVE A RIGHT TO HAVE COUNSEL PRESENT AT THIS
HEARING.
BY COPY OF THIS PETITION, THE PARENTS, CAREGIVERS,
AND/OR LEGAL CUSTODIANS ARE NOTIFIED OF THEIR RIGHT
TO HAVE LEGAL COUNSEL PRESENT FOR ANY PROCEEDING
RESULTING FROM THIS PETITION OR TO REQUEST THE
COURT TO HAVE COUNSEL APPOINTED, IF INDIGENT.
Further, these persons are informed of the following:
An arraignment is set on this matter for .....(date)....., at
..... a.m./p.m., at .....(location)...... The purpose of the
arraignment is to advise as to the allegations contained in the
Petition For Dependency. When your case is called, the Judge
will ask you to enter a plea to this petition. The plea entered
may be one of the following:
1. Admit: This means you admit that the petition states
the truth and you do not want a trial.
2. Consent: This means you neither admit nor deny the
petition, but do not want a trial.
(If you enter either of the above two pleas, the court will
set a disposition date for the matter. At disposition, the court
will decide where the child will stay and under what
conditions).
3. Deny: This means you deny the allegations of the
petition and wish the state to attempt to prove them at a trial.
4. Continue: This means you wish time to confer with
an attorney, before entering a plea. If you enter this plea, the
court will schedule another hearing in approximately 2 weeks.
At that time, another arraignment hearing will be held, and you
(or your attorney) must enter one of the above three pleas.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
FORM 8.965 ARRAIGNMENT ORDER
ORDER ON ARRAIGNMENT AND
NOTICE OF NEXT HEARING
THIS CAUSE came to be heard on .....(date)....., under chapter
39, Florida Statutes, on the Petition For Dependency filed by
.....(name)....., for arraignment of .....(name(s))...... The following
persons appeared before the Court:
….. ….. (Name)….., Petitioner
….. ….. (Name)….., Attorney for the petitioner
….. ….. (Name)….., Attorney for the department
….. ….. (Name)….., Department caseworker
….. ….. (Name)….., Mother
….. ….. (Name)….., Attorney for the mother
….. ….. (Name)….., Father of …..(child)…..
….. ….. (Name)….., Attorney for father
….. ….. (Name)….., Guardian ad litem
….. ….. (Name)….., Attorney for guardian ad litem
….. ….. (Name)….., Attorney/Attorneys for …..Child/Children…..
….. ….. (Name)….., Legal custodian
….. ….. (Name)….., Attorney for legal custodian
….. ….. (Name)….., Other ………..
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
The court having considered the Petition for Dependency and
having heard testimony and argument, and having been otherwise
duly advised in the premises finds:
1. This court has jurisdiction over the subject matter of this
action; and
2. The mother, …… (name)…..:
….. was …..not noticed of this hearing
…..did not appear, and the court:
….. entered a consent by default
…… did not enter a consent by default;
….. appeared with counsel….. appeared without counsel and:
….. was….. was not advised of her right to legal counsel;
knowingly, intelligently, and voluntarily, …..waived
……did not waive her right to legal counsel; and
……was ….. was not determined to qualify as indigent
and….. was ….. was not appointed an attorney.
..... was served with a petition for dependency, and entered a
plea of: ..... Admit, ..... Deny, ..... Consent, ..... No Plea,
..... Continuance
..... The Petitioner:
….. will continue a diligent search and will attempt service.
..... has conducted an adequate diligent search and is excused
from further diligent search and further attempts at service.
3. The father, .....(name).....:
..... was ..... was not noticed of this hearing;
..... did not appear, and the court:
..... entered a consent by default
..... did not enter a consent by default;
….. appeared with counsel….. appeared without counsel and:
….. was….. was not advised of his right to legal counsel;
….. knowingly, intelligently, and voluntarily, …..waived
……did not waive his right to legal counsel; and
……was ….. was not determined to qualify as indigent
and….. was ….. was not appointed an attorney......
was served with a petition for dependency, and entered a plea of:
..... Admit, ..... Deny, ..... Consent, ..... No Plea, ..... Continuance
..... The Petitioner:
..... will continue a diligent search and will attempt service.
..... has conducted an adequate diligent search and is excused
from further diligent search and further attempts at service.
4. That the child(ren)’s current placement in shelter care:
..... is no longer appropriate, and the child(ren) shall be
returned to ……….
..... is appropriate, in that the child(ren) is/are in a setting
which is as family-like as possible, consistent with the
child(ren)’s best interest and special needs; and, that returning
the child(ren) to the home would be contrary to the best interest
of the minor child(ren); and, that every reasonable effort has
been made to eliminate the need for placement of the child(ren)
in shelter care, but present circumstances of the child(ren) and
the family are such that shelter care is the only way to ensure
the child(ren)’s health, safety, and well-being.
5. Additional findings: ……….
THEREFORE, based on the foregoing findings of fact, it is
hereby ORDERED and ADJUDGED that:
1. The minor child(ren) shall:
..... be ..... returned to ..... remain in the care and custody of
.....(name)......
..... remain in the care and custody of the department in
shelter care pending adjudication and disposition or until further
order of this court.
2. The child(ren): ..... is/are ..... is/are not adjudicated
dependent at this hearing.
3. ..... Mediation ..... A case planning conference is/are
ordered at this time and shall be conducted on .....(date)......, at
.......... a.m./p.m., at .....(location)...... All parties, unless otherwise
specified, shall attend.
4. As to the mother, .....(name)....., the court:
Accepts the plea of: ..... Admit, ..... Deny, ..... Consent, .....
Continuance.
.....Appoints ..... Does not appoint an attorney.
Sets a hearing for ..... re-arraignment ...... adjudicatory trial
..... disposition and case plan hearing ..... trial status on
.....(date)..... at ..... a.m./p.m.
5. As to the father, .....(name)....., the court:
Accepts the plea of: ..... Admit, ..... Deny, ..... Consent, .....
Continuance.
..... Appoints ..... Does not appoint an attorney.
Sets a hearing for ..... re-arraignment ...... adjudicatory trial
..... disposition and case plan hearing ..... trial status on
.....(date)..... at ..... a.m./p.m.
6. All prior orders not inconsistent with the present order
shall remain in full force and effect.
DONE AND ORDERED on .....(date)......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)..... or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to:
FORM 8.966 ADJUDICATION ORDER — DEPENDENCY
ORDER OF ADJUDICATION
THIS CAUSE came before this court on .....(date)....., under
chapter 39, Florida Statutes, for adjudication of the Petition for
Dependency filed by .....(petitioner’s name)....... Present before the
court were:
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name(s))....., Minor child(ren)
..... .....(Name)....., Attorney ad litem for minor child(ren)
..... .....(Name)....., Other .....................
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
The court having heard testimony and argument and being
otherwise fully advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter
of these proceedings, is/are dependent within the meaning and
intent of chapter 39, Florida Statutes, and is/are (a) resident(s) of
the State of Florida.
2. The mother, .....(name).....:
..... was ..... was not noticed of this hearing;
..... did not appear, and the court:
..... entered a Consent for failure to appear after proper
notice.
..... did not enter a Consent for failure to appear after
proper notice.
..... appeared with counsel;
..... appeared without counsel and:
..... was ..... was not advised of her right to legal counsel,
..... knowingly, intelligently, and voluntarily ..... waived .....
did not waive her right to legal counsel and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
3. The father, .....(name).....:
..... was ..... was not noticed of this hearing;
..... did not appear, and the court:
..... entered a Consent for failure to appear after proper
notice.
..... did not enter a Consent for failure to appear after
proper notice.
..... appeared with counsel;
..... appeared without counsel and:
..... was ..... was not advised of her right to legal counsel,
..... knowingly, intelligently, and voluntarily ..... waived .....
did not waive her right to legal counsel and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
……4. That the child(ren) is/are dependent within the
meaning and intent of chapter 39, Florida Statutes, in that the
mother, ....(name)....., abused, neglected, or abandoned the minor
child(ren) by ................................. These facts were proven by .....
preponderance of the evidence ...... clear and convincing evidence.
……5. That the child(ren) is/are dependent within the
meaning and intent of chapter 39, Florida Statutes, in that the
father, .....(name)....., abused, neglected, or abandoned the minor
child(ren) by ............................... These facts were proven by .....
preponderance of the evidence ...... clear and convincing evidence.
COMMENT: Use 6, 7, and 8 only if the child is in out-of-home
placement.
6. That the Court finds that it is in the best interest of the
child(ren) to remain in out-of-home care.
7. That every reasonable effort was made to eliminate the
need for placement of the child(ren) in out-of-home care but the
present circumstances of the child(ren) and the ..... mother .....
father are such that out-of-home care is the only way to ensure the
health, safety, and well being of the child(ren), in that
. That the child(ren)’s placement in .....(type of
placement)..... is in a setting which is as family like and as close to
the home as possible, consistent with the child(ren)’s best interests
and special needs.
9. That returning the minor child(ren) to the custody of
.....(person who had previous legal custody)..... would be contrary to
the best interest and welfare of the minor child(ren).
10. The Court informed any parents present that the parent
or parents shall provide the court and all parties with identification
and location information for such relatives.
THEREFORE, based upon the foregoing findings, it is
ORDERED AND ADJUDGED that:
1. The minor child(ren), ......(name(s))....., is/are adjudicated
dependent.
2. The child(ren) shall remain in the care and custody of
..... the department in shelter care
..... other .....(name).....
pending disposition.
3. The parents shall provide to the Court and all parties
identification and location information regarding potential relative
placements.
4. THE COURT ADVISED THE PARENTS:
A. TO TAKE ACTION TO COMPLY WITH THE CASE
PLAN SO PERMANENCY WITH THE CHILD MAY
OCCUR WITHIN THE SHORTEST PERIOD OF TIME
POSSIBLE, BUT NO LATER THAN 1 YEAR AFTER
REMOVAL OR ADJUDICATION OF THE CHILD.
B. TO STAY IN CONTACT WITH THEIR ATTORNEY
AND THEIR CASE MANAGER AND PROVIDE UPDATED
CONTACT INFORMATION IF THE PARENTS’ PHONE
NUMBER, ADDRESS, OR E-MAIL ADDRESS CHANGES.
C. TO NOTIFY THE PARTIES AND THE COURT OF
BARRIERS TO COMPLETING CASE PLAN TASKS
WITHIN A REASONABLE TIME AFTER DISCOVERING
SUCH BARRIERS.
D. THAT IF THE PARENTS FAIL TO
SUBSTANTIALLY COMPLY WITH THE CASE PLAN
THEIR PARENTAL RIGHTS MAY BE TERMINATED
AND THE CHILD(REN)’S OUT-OF-HOME PLACEMENT
MAY BECOME PERMANENT.
5. This court shall retain jurisdiction over this cause to
enter any such further orders that may be deemed necessary for the
best interest and welfare of the minor child(ren).
6. All prior orders not inconsistent with the present order
shall remain in full force and effect.
7. Disposition is scheduled for .....(date)....., at ......
a.m./p.m.
DONE AND ORDERED on .....date..... at .....(city)....., Florida.
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above styled cause on .....(date)..... at .....a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to:
FORM 8.967 ORDER OF DISPOSITION, ACCEPTANCE OF
CASE PLAN, AND NOTICE OF HEARING
ORDER OF DISPOSITION, ACCEPTANCE OF CASE PLAN,
AND NOTICE OF HEARING
THIS CAUSE came before this court on .....(date)....., under
chapter 39, Florida Statutes, for disposition of the Petition for
Dependency and acceptance of the Case Plan filed by the
Department of Children and Family Services.
The following persons appeared before the court:
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other ..........
The court having considered the family functioning
assessment and Case Plan filed by the department and having
heard testimony and argument and being otherwise fully advised in
the premises finds that:
1. The minor child(ren) who is/are the subject matter of
these proceedings, was/were adjudicated dependent within the
meaning and intent of chapter 39, Florida Statutes, continue to be
dependent, and is/are residents of the State of Florida.
2. The minor child(ren) is/are of an age subject to the
jurisdiction of this Court.
3. The following parties were notified of this hearing and
provided a copy of the Case Plan and family functioning assessment
filed in this cause:
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Other . The mother, .....(name).....:
..... did not appear and ..... was .... was not represented
by legal counsel;
..... appeared ..... with ..... without legal counsel and .....
was ..... was not advised of her right to legal counsel;
..... knowingly, intelligently, and voluntarily ..... waived
..... did not waive her right to legal counsel; and
..... was ..... was not determined to qualify as indigent
and ..... was ..... was not appointed an attorney.
5. The father, .....(name).....:
..... did not appear and ..... was .....was not represented
by legal counsel;
..... appeared ..... with ..... without legal counsel and .....
was ..... was not advised of his right to legal counsel;
..... knowingly, intelligently, and voluntarily ..... waived
..... did not waive his right to legal counsel; and
..... was ..... was not determined to qualify as indigent
and ..... was ..... was not appointed an attorney.
6. The following parents/legal custodians were notified of
their right to participate in the preparation of the case plan and to
receive assistance from any other person in the preparation of the
case plan: .....(names of persons notified)......
7. The department filed a family functioning assessment
with the court on .....(date)...... This family functioning assessment
..... is ..... is not in compliance with the statutory requirements.
8. The department filed a case plan with the court on
.....(date)......
a. The terms of the case plan ..... are ..... are not
consistent with the requirements of the law and previous orders of
this court.
b. The case plan ..... is ..... is not meaningful and
designed to address the facts and circumstances on which the court
based the finding of dependency.
c. The case plan ..... is ..... is not in the best interest of
the minor child(ren).
d. The case plan’s stated goal of .......... ..... is ..... is
not a reasonable goal.
e. The parents ..... have ..... do not have the ability to
comply with the terms of the case plan.
9. There is a need for temporary child support from
.....(noncustodial parent(s))..... and that he/she/they ..... has/have
..... do/does not have the ability to pay child support.
COMMENT: Use 10, 11 & 12 if child(ren) is/are not placed in the
home of a parent.
10. It is in the best interest of the minor child(ren) to be
placed in the care and custody of .....(placement ordered)......
11. Placement of the minor child(ren) in the care and custody
of .....(placement ordered)..... is in a setting which is as family like
and as close to the home as possible, consistent with the
child(ren)’s best interests and special needs.
12. Return of the minor child(ren) to the custody of
.....(person from whom child(ren) was/were originally removed)....
would be contrary to the best interest and welfare of the minor
child(ren). The child(ren) cannot safely ..... remain ..... return home
with services and removal of the child(ren) is necessary to protect
the child(ren), in that ………..
13. Prevention or reunification services ..... were not ..... were
indicated and are as listed: ......(services indicated)...... Further
efforts could not have shortened separation of this family because:
………..
COMMENT: Use 14 if the goal of the case plan is reunification.
14. Reasonable efforts to prevent or eliminate the need for
removal of the child(ren) have been made by the department, which
provided the following services: ……….
COMMENT: Use 15 if child(ren) remain(s) or is/are returned to the
parent(s).
…..15. The child(ren) can safely ..... remain with ..... be
returned to ..... (parent(s)’s name(s))..... as long as he/she/they
comply(ies) with the following: ……….
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
……1. The minor child(ren), .....(name(s))..... be placed in
the custody of .....(name)....., under supervision of the department.
2. The family functioning assessment report filed by the
department is:
..... not accepted and a continuance was requested.
..... accepted by the court.
..... accepted by the court with the following
amendments: ………..
3. The case plan filed by the department is:
..... not accepted and a continuance is granted for 30
days or less.
..... accepted by the court.
..... accepted by the court with the following
amendments: ……….
4. All parties are ordered to comply with the provisions of
the case plan and any amendments made to it.
COMMENT: Use 5, 6 & 7 if child(ren) is/are placed outside the
home.
…… 5. The mother, .....(name)....., shall pay child support
in the amount of $........... by the .....(day)..... of each month to
.....(where money is to be paid)....., beginning on .....(date)..... and
continuing until such time as payments begin to be deducted by
income deduction order. All child support payments shall be paid to
the Clerk of the Circuit Court designated to receive child support
payments.
…… 6. The father, .....(name)....., shall pay child support in
the amount of $........... by the .....(day)..... of each month to
.....(where money is to be paid)......, beginning on .....(date)..... and
continuing until such time as payments begin to be deducted by
income deduction order. All child support payments shall be paid to
the Clerk of the Circuit Court designated to receive child support
payments.
…… 7. The legal custodian shall have the right to authorize
for the child(ren) any emergency medical treatment and any
ordinary and necessary medical and dental examinations and
treatment, including blood testing, preventive care including
ordinary immunizations, tuberculin testing, and well-child care, but
not including nonemergency surgery, general anesthesia, provision
of psychotropic medications, or other extraordinary procedures for
which a separate order or informed consent as provided by law is
required.
8. Other: ………..
9. All prior orders not inconsistent with the present order
shall remain in full force and effect.
10. This court shall retain jurisdiction over this cause to
enter any such further orders that may be deemed necessary for the
best interest and welfare of the minor child(ren).
11. This matter is scheduled for Judicial Review on
.....(date)..... at .....(time)......
DONE AND ORDERED in ...................., Florida, on
.....(date)......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at ..... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to:
FORM 8.968 AFFIDAVIT OF DILIGENT SEARCH
AFFIDAVIT OF DILIGENT SEARCH
STATE OF FLORIDA
COUNTY OF ..........
BEFORE ME, the undersigned authority, personally appeared
.....(name)....., affiant, who, being first duly sworn, deposes and says
that .....he/she..... made a diligent search and inquiry to determine
the residence of .....(name)....., the .....parent/prospective parent.....
of .....(name(s) of child(ren))....., and the results are as follows:
1. Affiant has received the name of the
.....(parent/prospective parent)..... from .....(name)......
2. Affiant has had no face-to-face contact with .....(name of
parent/prospective parent)......
3. On .....(date)..... affiant telephoned information at
.....(name)..... and was informed that there was no listing for
.....(name of parent/prospective parent)......
4. On .....(date)..... affiant searched the .....(city).....
telephone directory and was unable to locate a listing for .....(name
of parent/prospective parent)......
5. On .....(date)..... affiant sent a certified letter, return
receipt requested, to .....(address)....., a last known address of
.....(name of parent/prospective parent)...... On .....(date)..... affiant
received the unclaimed receipt by return mail.
6. On .....(date)..... affiant visited .....(address)....., the last
known address of .....(name of parent/prospective parent)....., and
was informed by .....(name)..... that .....(name of parent/prospective
parent)..... no longer resides there.
7. Affiant has made inquiries of all relatives of .....(name of
parent/prospective parent)..... of the child, including the other
parent, made known to me by the petitioner and .....(name)...... The
names, addresses, and telephone numbers of those relatives
contacted are: .......... None of the relatives contacted know the
current residence or whereabouts of .....(name of
parent/prospective parent)......
8. Affiant has made inquiries of all offices of program areas,
including but not limited to mental health, of the Department of
Children and Family Services likely to have information about
.....(name of parent/prospective parent)...... The names, addresses,
and/or telephone numbers of those offices are: .......... No one in
any of these offices knows the current residence or address of
.....(name of parent/prospective parent)......
9. Affiant has made inquiries of other state and federal
agencies likely to have information about .....(name of
parent/prospective parent)...... The names, addresses, and/or
telephone numbers of those agencies: ........... No one in any of these
agencies knows the current residence or whereabouts of .....(name
of parent/prospective parent)......
10. Affiant has made inquiries of appropriate utility and
postal providers. The names, addresses, and/or telephone numbers
of those providers are: ........... None of those providers know the
current residence or whereabouts of .....(name of
parent/prospective parent)......
11. Affiant has made inquiries of appropriate law
enforcement agencies. The names, addresses, and/or telephone
numbers of those agencies are: ........... .....(Name of
parent/prospective parent)..... is not known to any of these
agencies.
12. Affiant has made inquiries of the federal armed services,
including the United States Army, Navy, Air Force, Marine Corps,
and National Guard. .....(Name of parent/prospective parent)..... is
not currently a member of these services.
13. Affiant has made inquiries of all the hospitals in the
.......... area. The names, addresses, and/or telephone numbers of
those hospitals are: ........... .....(Name of parent/prospective
parent)..... is not currently a patient at, nor has .....he/she.....
recently been admitted to, these hospitals.
14. Affiant has conducted a thorough search of at least one
electronic database specifically designed for locating persons
including .....(name of database)...... No information regarding
.....(name of parent/prospective parent)..... was found in this
electronic database.
15. .....(Name of parent/prospective parent)..... .....is/is
not..... over 18 years of age.
16. Affiant is unable to determine the residence or
whereabouts of .....(name of parent/prospective parent)..... and thus
cannot personally serve process upon .....him/her......
Affiant
Before me, the undersigned authority, personally appeared
.....(name)....., the petitioner in this action, who .....is personally
known to me/produced .....(document)..... as identification....., and
who affirms that the allegations are filed in good faith and are true
and correct to the best of petitioner’s knowledge.
SWORN TO AND SUBSCRIBED before me .....(date)......
NOTARY PUBLIC
Name:……….
Commission No.:…………
My commission expires: …….
OR
Verification (see Form 8.902).
FORM 8.969 SWORN STATEMENT REGARDING IDENTITY OR
LOCATION OF FATHER
SWORN STATEMENT REGARDING
IDENTITY OR LOCATION OF FATHER
1. My name is: …………………………………………..
My address is: ………………………………………...
2. I am related to .....(child’s name)..... because I am his/her
. I understand that I am answering these questions under
oath and from my own personal knowledge and I swear to tell the
truth. I understand that this sworn statement will be filed with the
court.
4. The mother of the child WAS married to .....(name)..... at
the probable time of conception of the child.
OR
The mother of the child WAS NOT married at the probable
time of conception of the child.
OR
I do not know whether or not the mother was married at the
probable time of conception of the child.
5. The mother of this child WAS married to .....(name)..... at
the time of this child’s birth.
OR
The mother of this child WAS NOT married at the time of this
child’s birth.
OR
I do not know whether the mother of this child was married at
the time of this child’s birth.
6. The mother of this child WAS living with/cohabiting with
.....(name)..... at the time of the probable conception of this child.
OR
The mother of this child WAS NOT living with/cohabiting with
any man at the probable time of conception of this child.
OR
I do not know whether the mother of this child was living
with/cohabiting with any man at the probable time of conception of
this child.
7. The mother of this child HAS received payments or
promises of child support with respect to this child or because of
her pregnancy from .....(name)......
OR
The mother of this child HAS NOT received payments or
promises of child support with respect to this child or because of
her pregnancy from anyone.
OR
I do not know whether the mother has received any payments.
8. The mother named .................... as the father on the
child’s birth certificate.
OR
The mother DID NOT name a father on the child’s birth
certificate.
OR
I do not know whether the mother named a father on the
child’s birth certificate.
9. The mother named .................... as the father of this
child in connection with applying for public assistance.
OR
The mother HAS NOT named anyone as the father of this child
in connection with applying for public assistance.
OR
I do not know whether the mother has named anyone as the
father of this child in connection with applying for public assistance
benefits.
10. .....(Name)..... has been named in a paternity case or
acknowledged paternity in a jurisdiction where the mother lived at
the time of or since the conception of this child or where this child
resides or has resided.
OR
No man has been named in a paternity case or acknowledged
paternity of this child in a jurisdiction where the mother lived at the
time of or since the conception of this child or where this child
resides or has resided.
OR
I do not know if any man has been named in a paternity suit
regarding this child.
11. List the name, date of birth, social security number, and
last-known address of any man listed in this sworn statement:
Name: ……….
Date of birth: ……….
Social Security No.: ……….
Last-known address: ………..
12. Do you know any other information about the identity or
location of any man listed in this sworn statement? ..... Yes ..... No.
If so, please give that information:
I UNDERSTAND THAT THIS DOCUMENT WILL BE FILED WITH
THE COURT. UNDER PENALTY OF PERJURY, I DECLARE THAT
I HAVE READ IT AND THAT THE FACTS STATED ARE TRUE.
Date: ..........
Signature
Witnessed by .....(name)....., who is an authorized agent of the
Department of Children and Family Services and who attests that
the person who signed this statement provided proof of identify as
indicated:
..... Driver’s license, number:
………………………………...........…
..... Passport, number and country:
……………………………...........
..... Resident Alien (Green Card), number:
…………………..........…
..... Armed Forces Identification, number:
…………………..........….
..... Other: …………………………………………………….........…
FORM 8.970 ORDER ON JUDICIAL REVIEW
ORDER ON JUDICIAL REVIEW AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on .....(date)..... for Judicial
Review on the report filed by the Department of Children and
Families in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
..... .....(name)....., Child
..... .....(name)....., Attorney for the child
..... .....(name)....., Petitioner
..... .....(name)....., Attorney for the petitioner
..... .....(name)....., Attorney for the department
..... .....(name)....., Department caseworker
..... .....(name)....., Mother
..... .....(name)....., Attorney for mother
..... .....(name)....., Father of .....(child).....
..... .....(name)....., Attorney for father
..... .....(name)....., Guardian ad litem
..... .....(name)....., Attorney for guardian ad litem
..... .....(name)....., Legal custodian
..... .....(name)....., Attorney for legal custodian
..... .....(name)....., Other ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
And the court having considered
..... Judicial Review and Social Study Report filed by the
department
..... Statement/home study filed by the department
..... Report of the guardian ad litem
..... Case plan filed by the department
..... Statement by the Child’s Caretaker
..... Whether or not the child is a citizen and, if the child is not a
citizen, the steps that have been taken to address the citizenship or
residency status of the child
..... Other ..........
AND THE COURT having heard testimony and argument, and
having been otherwise duly advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter
of these proceedings was/were adjudicated dependent, continue to
be dependent, is/are of an age subject to the jurisdiction of the
court, and is/are resident(s) of the state of Florida.
2. The following parties were notified of this hearing and
provided a copy of the documents filed for this hearing:
..... .....(name)....., Petitioner
..... .....(name)....., Attorney for the petitioner
..... .....(name)....., Attorney for the department
..... .....(name)....., Department caseworker
..... .....(name)....., Mother
..... .....(name)....., Attorney for mother
..... .....(name)....., Father of .....(child).....
..... .....(name)....., Attorney for father
..... .....(name)....., Guardian ad litem
..... .....(name)....., Attorney for guardian ad litem
..... .....(name)....., Legal custodian
..... .....(name)....., Attorney for legal custodian
..... .....(name)....., Attorney for the child
..... .....(name)....., Other . The mother, .....(name).....:
..... did not appear and ..... was ..... was not represented
by legal counsel;
..... appeared ..... with ..... without legal counsel and .....
was ..... was not advised of her right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived
..... did not waive her right to legal counsel; and
..... was ..... was not determined to qualify as indigent
and
..... was ..... was not appointed an attorney.
4. The father, .....(name).....:
..... did not appear and ..... was ..... was not represented
by legal counsel;
..... appeared ..... with ..... without legal counsel and .....
was ..... was not advised of his right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived .....
did not waive her right to legal counsel; and
..... was ..... was not determined to qualify as
indigent and
..... was ..... was not appointed an attorney.
COMMENT: Repeat above for each father.
5. The department filed a judicial review report with the
court on .....(date)...... This judicial review report ..... is ..... is not in
compliance with the statutory requirements.
6. The following parents/legal custodians were notified of
their right to participate in the preparation of the case plan and to
receive assistance from any other person in the preparation of the
case plan: .....(names of those notified)......
7. The mother has complied with the following tasks in the
case plan: .....(list tasks complied with)......
8. The mother has not complied with the following tasks in
the case plan: .....(list tasks not complied with)......
9. The father, .....(father’s name)....., has complied with the
following tasks in the case plan: .....(list tasks complied with)......
10. The father, .....(father’s name)....., has not complied with
the following tasks in the case plan: .....(list tasks not complied
with)......
11. The mother ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
12. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered visitation as follows: .....(explanation of
visitation compliance)......
13. The department ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
14. The mother ..... has ..... has not complied with court
ordered financial support for the child as follows: .....(explanation of
financial compliance)......
15. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered financial support for the child as
follows: .....(explanation of financial compliance)......
16. The mother ..... has ..... has not complied with court
ordered meetings with the department as follows: .....(explanation of
meetings compliance)......
17. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered meetings with the department as
follows: .....(explanation of meetings compliance)......
18. The department ..... has ..... has not complied with court
ordered meetings with the parents as follows: .....(explanation of
meetings compliance)......
COMMENT: Use 19, 20, 21, 22, 23, & 24 if child(ren) is/are not
placed in the home of a parent.
. It is in the best interest of the minor child(ren) to be
placed in the care and custody of .....(placement ordered)......
. Placement of the minor child(ren) in the care and custody
of .....(placement ordered)..... is in a setting which is as family like
and as close to the home as possible, consistent with the
child(ren)’s best interests and special needs.
. The children ..... are ..... are not separated in their
placements. The following efforts have been made to reunite
separated siblings: ..........
..... It is not in the best interest of each sibling to be reunited in
their placement because: ..........
..... Each sibling has the following frequency, kind and duration of
contacts: ..........
. Return of the minor child(ren) to the custody of
.....(person(s) from whom child(ren) was/were originally removed).....
would be contrary to the best interest and welfare of the minor
child(ren). The child(ren) cannot safely .....remain .....return home
with services and removal of the child(ren) is necessary to protect
the child(ren).
. Prevention or reunification services .....were not .....were
indicated and are as follows: .....(services indicated)...... Further
efforts could not have shortened separation of this family because
...........
. The likelihood of the children’s reunification with the
parent or legal custodian within 12 months is ...........
COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the
parent(s).
. The child(ren) can safely ..... remain with ..... be returned
to .....(parent(’s)(s’) name(s))..... as long as he/she/they comply(ies)
with the following: ...........
The safety, well-being, and physical, mental, and emotional health
of the child(ren) are not endangered by allowing the child(ren) to .....
remain ..... return home.
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
1. The minor child(ren), .....(name(s))....., be placed in the
custody of .....(name)....., under supervision of the department. The
department shall have placement and care responsibility while the
child(ren) is/are under protective supervision in an out-of-home
placement.
2. The judicial review report filed by the department is:
..... not accepted and a continuance was requested.
..... accepted by the court.
. The court finds that it is not likely that the
child(ren) will be reunified with the parent or legal custodian within
12 months after the child was removed from the home. The
department shall file a motion within 10 days of receipt of this
written order to amend the case plan to incorporate concurrent
planning into the case plan.
4. The court inquired of any parents present whether they
have relatives who might be considered for placement of the
children.
5. Other: . All prior orders not inconsistent with the present order
shall remain in full force and effect.
7. This court shall retain jurisdiction over this cause to
enter any such further orders as may be deemed necessary for the
best interest and welfare of the minor child(ren).
8. This matter is scheduled for Judicial Review on
.....(date)..... at .....(time)......
DONE AND ORDERED in .........., Florida on .....(date)..... at
.....(time).....
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to:
FORM 8.973A. ORDER ON JUDICIAL REVIEW FOR CHILD AGE
16
ORDER ON JUDICIAL REVIEW FOR CHILD
OVER AGE 16 AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on .....(date)..... for Judicial
Review on the report filed by the Department of Children and
Families in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present.
and the court having considered:
..... Judicial Review Social Study Report filed by the department
that includes specific information related to the life skills that the
child has acquired since the child’s 13th birthday or since the date
the child came into foster care, whichever came later;
..... Statement/homestudy filed by the department;
..... Report of the guardian ad litem;
..... A case plan, dated .........., filed by the department;
..... Statement by the child’s caretaker on the progress the child
has made in acquiring independent living skills;
..... Whether or not the child is a citizen and, if the child is not a
citizen, the steps that have been taken to address the citizenship or
residency status of the child;
..... Other: ..........
AND THE COURT having heard testimony and argument, and
having been otherwise duly advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter
of these proceedings was/were adjudicated dependent, continue to
be dependent, is/are of an age subject to the jurisdiction of the
court, and is/are resident(s) of the state of Florida.
2. The following parties were notified of this hearing and
provided a copy of the documents filed for this hearing:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: . The child has been given the opportunity to address the
court with any information relevant to the child’s best interests.
4. The mother, .....(name).....:
..... did not appear and ..... was ..... was not represented by
legal counsel;
..... appeared ..... with ..... without legal counsel and ..... was
..... was not advised of her right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive her right to legal counsel; and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
5. The father, .....(name).....:
..... did not appear and ..... was ..... was not represented by
legal counsel;
..... appeared ..... with ..... without legal counsel and ..... was
..... was not advised of his right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive his right to legal counsel; and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
COMMENT: Repeat above for each father.
6. The department filed a judicial review report with the
court on .....(date)...... This judicial review report ..... is ..... is not in
compliance with the statutory requirements.
7. The following parents/legal custodians were notified of
their right to participate in the preparation of the case plan and to
receive assistance from any other person in the preparation of the
case plan: .....(names of those notified)......
8. The mother has complied with the following tasks in the
case plan: .....(list tasks complied with)......
9. The mother has not complied with the following tasks in
the case plan: .....(list tasks not complied with)......
10. The father, .....(father’s name)....., has complied with the
following tasks in the case plan: .....(list tasks complied with)......
11. The father, .....(father’s name)....., has not complied with
the following tasks in the case plan: .....(list tasks not complied
with)......
12. The mother ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
13. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered visitation as follows: .....(explanation of
visitation compliance)......
14. The department ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
15. The mother ..... has ..... has not complied with court
ordered financial support for the child as follows: .....(explanation of
financial compliance)......
16. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered financial support for the child as
follows: .....(explanation of financial compliance)......
17. The mother ..... has ..... has not complied with court
ordered meetings with the department as follows: .....(explanation of
meetings compliance)......
18. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered meetings with the department as
follows: .....(explanation of meetings compliance)......
19. The department ..... has ..... has not complied with court
ordered meetings with the parents as follows: .....(explanation of
meetings compliance)......
COMMENT: Use 20, 21, 22, 23, & 24 if child(ren) is/are not placed
in the home of a parent.
. It is in the best interest of the minor child(ren) to be
placed in the care and custody of .....(placement ordered)...... The
department has placement and care responsibility while the
child(ren) is/are under protective supervision in an out-of-home
placement.
. Placement of the minor child(ren) in the care and custody
of .....(placement ordered)..... is in a setting which is as family like
and as close to the home as possible, consistent with the
child(ren)’s best interests and special needs.
. The children ..... are ..... are not separated in their
placements. The following efforts have been made to reunite the
siblings: ..........
..... It is not in the siblings’ best interest to be reunited in their
placement because: ..........
..... The separate siblings have the following frequency, kind,
and duration of contacts: ..........
. Return of the minor child(ren) to the custody of
.....(person(s) from whom child(ren) was/were originally removed).....
would be contrary to the best interest and welfare of the minor
child(ren). The child(ren) cannot safely ..... remain ..... return home
with services and removal of the child(ren) is necessary to protect
the child(ren).
. Prevention or reunification services ..... were not ..... were
indicated and are as follows: .....(services indicated)...... Further
efforts could not have shortened separation of this family because
...........
COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the
parent(s).
. The child(ren) can safely ..... remain with ..... be returned
to .....(parent(’s)(s’) name(s))..... as long as he/she/they comply(ies)
with the following: ........... The safety, well-being, and physical,
mental, and emotional health of the child(ren) are not endangered
by allowing the child(ren) to ..... remain ..... return home.
. The child’s petition and application for special immigrant
juvenile status or other immigration decision remains pending.
. The department ….. has ….. has not complied with its
obligation as specified in the written case plan or in the provision of
independent living services as required by Florida Statutes.
. The child has acquired the following life skills: ..........
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
1. The minor child(ren), .....(name(s))....., be placed in the custody
of .....(name)....., under supervision of the department.
2. The judicial review report filed by the department is:
..... not accepted and a continuance was requested.
..... accepted by the court.
3. Other: . All prior orders not inconsistent with the present order shall
remain in full force and effect.
5. This court shall retain jurisdiction over this cause to enter any
such further orders as may be deemed necessary for the best
interest and welfare of the minor child(ren).
6. This court shall retain jurisdiction until the final decision is
rendered by the federal immigration authorities, or upon the
immigrant child’s 22nd birthday, whichever shall occur first.
7. This court shall retain jurisdiction until the child’s 19th
birthday for the purpose of determining whether appropriate
services to be provided to the young adult before reaching 18 years
of age have been provided to the youth.
8. This court shall retain jurisdiction until the child’s 21st
birthday, or 22nd birthday if the child has a disability, unless the
young adult chooses to leave foster care upon reaching 18 years of
age, or if the young adult does not meet the eligibility requirements
to remain in foster care or chooses to leave care at any time prior to
the 21st birthday, or 22nd birthday if the child has a disability.
9. This matter is scheduled for Judicial Review on .....(date)..... at
.....(time)......
DONE AND ORDERED in .........., Florida, on .....(date)......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to ...........
FORM 8.973B. ORDER ON JUDICIAL REVIEW FOR CHILD AGE
17 OR OLDER
ORDER ON JUDICIAL REVIEW FOR CHILD
OVER AGE 17 AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on .....(date)..... for Judicial
Review on the report filed by the Department of Children and
Families in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present.
and the court having considered:
..... Judicial Review Social Study Report filed by the department;
..... Because the child reached the age of 17 within the past 90
days, written verification that the child:
..... Has been provided with a current Medicaid card
and has been provided all necessary information concerning the
Medicaid program;
..... Has been provided with a certified copy of his or her
birth certificate; and has a valid Florida driver’s license or has been
provided with a Florida identification card;
..... Has a social security card and has been provided
information relating to Social Security Insurance benefits, if the
child is believed to be eligible;
..... Has received a full accounting if there is a Master
Trust for the child and has been informed as to how to access those
funds;
..... Has been provided with information related to the
Road-to-Independence Program, including eligibility requirements,
information on participation, and assistance in gaining admission
to the program; If the child is eligible for the Road-to-Independence
Program, has been informed that he or she may reside with the
licensed foster family or group care provider with whom the child
was residing at the time of attaining his or her 18th birthday or
may reside in another licensed foster home or with a group care
provider arranged by the department;
..... Has an open bank account or the identification
necessary to open a bank account and the information necessary to
acquire essential banking and budgeting skills;
..... Has been provided with information on public
assistance and how to apply;
..... Has been provided a clear understanding of where
he or she will be living on his or her 18th birthday, how living
expenses will be paid, and what educational program the child will
be enrolled in;
..... Has been provided with information as to the child’s
ability to remain in care until he [or she] reaches 21 years of age or
22 years of age if he/she has a disability;
..... Has been provided with a letter stating the dates
that the child is under the jurisdiction of the court;
..... Has been provided with a letter stating that the
child is in compliance with financial aid documentation
requirements;
..... Has been provided his or her educational records;
..... Has been provided his or her entire health and
mental health records;
..... Has been provided with information concerning the
process for accessing his or her case file;
..... Has been provided with a statement encouraging
the child to attend all judicial review hearings occurring after his or
her 17th birthday; and
..... Has been provided with information on how to
obtain a driver license or learner’s driver license.
..... Statement/homestudy filed by the department;
..... Report of the guardian ad litem;
..... A case plan, dated .........., filed by the department;
..... Statement by the child’s caretaker on the progress the child
has made in acquiring independent living skills;
..... Whether or not the child is a citizen and, if the child is not a
citizen, the steps that have been taken to address the citizenship or
residency status of the child;
..... Other: ..........
AND THE COURT having heard testimony and argument, and
having been otherwise duly advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter
of these proceedings was/were adjudicated dependent, continue to
be dependent, is/are of an age subject to the jurisdiction of the
court, and is/are resident(s) of the state of Florida.
2. The following parties were notified of this hearing and
provided a copy of the documents filed for this hearing:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: . The child has been given the opportunity to address the
court with any information relevant to the child’s best interests.
4. The mother, .....(name).....:
..... did not appear and ..... was ..... was not represented by
legal counsel;
..... appeared ..... with ..... without legal counsel and ..... was
..... was not advised of her right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive her right to legal counsel; and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
5. The father, .....(name).....:
..... did not appear and ..... was ..... was not represented by legal
counsel;
..... appeared ..... with ..... without legal counsel and ..... was .....
was not advised of his right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive his right to legal counsel; and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
COMMENT: Repeat above for each father.
6. The department filed a judicial review report with the
court on .....(date)...... This judicial review report ..... is ..... is not in
compliance with the statutory requirements.
7. The following parents/legal custodians were notified of
their right to participate in the preparation of the case plan and to
receive assistance from any other person in the preparation of the
case plan: .....(names of those notified)......
8. The mother has complied with the following tasks in the
case plan: .....(list tasks complied with)......
9. The mother has not complied with the following tasks in
the case plan: .....(list tasks not complied with)......
10. The father, .....(father’s name)....., has complied with the
following tasks in the case plan: .....(list tasks complied with)......
11. The father, .....(father’s name)....., has not complied with
the following tasks in the case plan: .....(list tasks not complied
with)......
12. The mother ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
13. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered visitation as follows: .....(explanation of
visitation compliance)......
14. The department ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
15. The mother ..... has ..... has not complied with court
ordered financial support for the child as follows: .....(explanation of
financial compliance)......
16. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered financial support for the child as
follows: .....(explanation of financial compliance)......
17. The mother ..... has ..... has not complied with court
ordered meetings with the department as follows: .....(explanation of
meetings compliance)......
18. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered meetings with the department as
follows: .....(explanation of meetings compliance)......
19. The department ..... has ..... has not complied with court
ordered meetings with the parents as follows: .....(explanation of
meetings compliance)......
COMMENT: Use 20, 21, 22, 23, & 24 if child(ren) is/are not placed
in the home of a parent.
. It is in the best interest of the minor child(ren) to be
placed in the care and custody of .....(placement ordered)......
The department has placement and care responsibility while
the child(ren) is/are under protective supervision in an out-of-
home placement.
. Placement of the minor child(ren) in the care and custody
of .....(placement ordered)..... is in a setting which is as family
like and as close to the home as possible, consistent with the
child(ren)’s best interests and special needs.
. The children ..... are ..... are not separated in their
placements. The following efforts have been made to reunite
the siblings: ..........
..... It is not in the siblings’ best interest to be reunited in their
placement because: ..........
..... The separate siblings have the following frequency, kind, and
duration of contacts: ..........
. Return of the minor child(ren) to the custody of
.....(person(s) from whom child(ren) was/were originally
removed)..... would be contrary to the best interest and welfare of
the minor child(ren). The child(ren) cannot safely ..... remain .....
return home with services and removal of the child(ren) is necessary
to protect the child(ren).
. Prevention or reunification services ..... were not ..... were
indicated and are as follows: .....(services indicated)...... Further
efforts could not have shortened separation of this family because
...........
COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the
parent(s).
. The child(ren) can safely ..... remain with ..... be returned
to .....(parent(’s)(s’) name(s))..... as long as he/she/they comply(ies)
with the following: ........... The safety, well-being, and physical,
mental, and emotional health of the child(ren) are not endangered
by allowing the child(ren) to ..... remain ..... return home.
. The child’s petition and application for special immigrant
juvenile status or other immigration decision remains pending.
. The department ….. has ….. has not complied with its
obligation as specified in the written case plan or in the provision of
independent living services as required by Florida Statutes.
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
1. The minor child(ren), .....(name(s))....., be placed in the
custody of .....(name)....., under supervision of the department.
2. The judicial review report filed by the department is:
..... not accepted and a continuance was requested.
..... accepted by the court.
3. Other: . All prior orders not inconsistent with the present order
shall remain in full force and effect.
5. This court shall retain jurisdiction over this cause to
enter any such further orders as may be deemed necessary for the
best interest and welfare of the minor child(ren).
6. This court shall retain jurisdiction until the final decision
is rendered by the federal immigration authorities, or upon the
immigrant child’s 22nd birthday, whichever shall occur first.
7. This court shall retain jurisdiction until the child’s 19th
birthday for the purpose of determining whether appropriate
services to be provided to the young adult before reaching 18 years
of age have been provided to the youth.
8. This court shall retain jurisdiction until the child’s 21st
birthday, or 22nd birthday if the child has a disability, unless the
young adult chooses to leave foster care upon reaching 18 years of
age, or if the young adult does not meet the eligibility requirements
to remain in foster care or chooses to leave care at any time prior to
the 21st birthday, or 22nd birthday if the child has a disability.
9. This matter is scheduled for Judicial Review on
.....(date)..... at .....(time)......
DONE AND ORDERED in .........., Florida, on .....(date)......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to ...........
FORM 8.973C. ORDER ON JUDICIAL REVIEW
ORDER ON LAST JUDICIAL REVIEW BEFORE CHILD REACHES
AGE 18 AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on .....(date)..... for Judicial
Review on the report filed by the Department of Children and
Families in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present.
and the court having considered:
..... Judicial Review Social Study Report filed by the department;
..... Statement/homestudy filed by the department;
..... Report of the guardian ad litem;
..... A case plan, dated .........., filed by the department that
includes information related to independent living services that
have been provided since the child’s 13th birthday or since the date
the child came into foster care, whichever came later;
..... Statement by the child’s caretaker on the progress the child
has made in acquiring independent living skills;
..... Whether or not the child is a citizen and, if the child is not a
citizen, the steps that have been taken to address the citizenship or
residency status of the child;
..... A copy of the child’s transition plan;
..... Other: ..........
AND THE COURT having heard testimony and argument, and
having been otherwise duly advised in the premises finds:
1. That the minor child(ren) who …..is/are….. the subject
matter of these proceedings …..was/were….. adjudicated
dependent, continue to be dependent, is/are of an age subject to
the jurisdiction of the court, and …..is/are.....resident(s) of the state
of Florida.
2. The following parties were notified of this hearing and
provided a copy of the documents filed for this hearing:
..... .....(Name)....., Child
..... .....(Name)....., Attorney for the Child
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: . The child has been given the opportunity to address the
court with any information relevant to the child’s best interests.
4. The mother, .....(name).....:
..... did not appear and ..... was ..... was not represented by legal
counsel;
..... appeared ..... with ..... without legal counsel and ..... was .....
was not advised of her right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive her right to legal counsel; and
..... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
5. The father, .....(name).....:
..... did not appear and ..... was ..... was not represented by legal
counsel;
..... appeared ..... with ..... without legal counsel and ..... was .....
was not advised of his right to legal counsel;
knowingly, intelligently, and voluntarily ..... waived ..... did not
waive his right to legal counsel; and
.... was ..... was not determined to qualify as indigent and
..... was ..... was not appointed an attorney.
COMMENT: Repeat above for each father.
6. The department filed a judicial review report with the
court on .....(date)...... The judicial review report ..... is ..... is not in
compliance with the statutory requirements.
7. The following parents/legal custodians were notified of
their right to participate in the preparation of the case plan and to
receive assistance from any other person in the preparation of the
case plan: .....(names of those notified)......
8. The mother has complied with the following tasks in the
case plan: .....(list tasks complied with)......
9. The mother has not complied with the following tasks in
the case plan: .....(list tasks not complied with)......
10. The father, .....(father’s name)....., has complied with the
following tasks in the case plan: .....(list tasks complied with)......
11. The father, .....(father’s name)....., has not complied with
the following tasks in the case plan: .....(list tasks not complied
with)......
12. The mother ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
13. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered visitation as follows: .....(explanation of
visitation compliance)......
14. The department ..... has ..... has not complied with court
ordered visitation as follows: .....(explanation of visitation
compliance)......
15. The mother ..... has ..... has not complied with court
ordered financial support for the child as follows: .....(explanation of
financial compliance)......
16. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered financial support for the child as
follows: .....(explanation of financial compliance)......
17. The mother ..... has ..... has not complied with court
ordered meetings with the department as follows: .....(explanation of
meetings compliance)......
18. The father, .....(father’s name)....., ..... has ..... has not
complied with court ordered meetings with the department as
follows: .....(explanation of meetings compliance)......
19. The department ..... has ..... has not complied with court
ordered meetings with the parents as follows: .....(explanation of
meetings compliance)......
COMMENT: Use 20, 21, 22, 23, & 24 if child(ren) is/are not placed
in the home of a parent.
20. It is in the best interest of the minor child(ren) to be
placed in the care and custody of .....(placement ordered)...... The
department has placement and care responsibility while the
child(ren) is/are under protective supervision in an out-of-home
placement.
21. Placement of the minor child(ren) in the care and custody
of .....(placement ordered)..... is in a setting which is as family like
and as close to the home as possible, consistent with the
child(ren)'s best interests and special needs.
. The children ..... are ..... are not separated in
their placements. The following efforts have been made to reunite
separated siblings: ..........
..... It is not in the best interest of each sibling to be reunited in
their placement because: ..........
..... Each sibling has the following frequency, kind, and duration of
contacts: . Return of the minor child(ren) to the custody of
.....(person(s) from whom child(ren) was/were originally removed).....
would be contrary to the best interest and welfare of the minor
child(ren). The child(ren) cannot safely ..... remain ..... return home
with services and removal of the child(ren) is necessary to protect
the child(ren).
24. Prevention or reunification services ..... were not ..... were
indicated and are as follows: .....(services indicated)...... Further
efforts could not have shortened separation of this family because
...........
COMMENT: Use 25 if child(ren) remain(s) or is/are returned to the
parent(s).
25. The child(ren) can safely ..... remain with ..... be returned to
..... (parent(’s)(s’) name(s))..... as long as he/she/they comply(ies)
with the following: ........... The safety, well-being, and physical,
mental, and emotional health of the child(ren) are not endangered
by allowing the child(ren) to ..... remain ..... return home.
26. The child’s petition and application for special immigrant
juvenile status or other immigration decision remains pending.
27. The department ..... has ..... has not complied with its
obligation as specified in the written case plan or in the provision of
independent living services as required by Florida Statutes.
. The child does plan on remaining in foster care.
a. the child will meet the requirements by ..........
b. the supervised living arrangement will be ..........
c. the child has been informed of
..... (1) the right to continued support and
services;
..... (2) the right to request termination of this
court’s jurisdiction and to be discharged from
foster care;
..... (3) the opportunity to reenter foster care
pursuant to Florida law; and
..... (4) the requirement to furnish
documentation of participation in a program
required for eligibility to remain in extended
foster care.
. The child does not plan on remaining in foster care.
The child has been informed of:
..... a. services of benefits for which the child may be
eligible based upon the child’s placement and length of time spent
in licensed foster care;
..... b. services or benefits that may be lost through a
termination of the court’s jurisdiction; and
..... c. other federal, state, local, or community-based
services or supports available to the child.
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
1. The minor child(ren), .....(name(s))....., be placed in the
custody of .....(name)....., under supervision of the department.
2. The judicial review report filed by the department is: .....
not accepted and a continuance was requested ..... accepted by the
court.
3. The child’s transition plan is: ..... not approved and a
continuance was requested ..... approved by the court.
4. Other: . All prior orders not inconsistent with the present order
shall remain in full force and effect.
6. This court shall retain jurisdiction over this cause to
enter any such further orders as may be deemed necessary for the
best interest and welfare of the minor child(ren).
7. This court shall retain jurisdiction until the final decision
is rendered by the federal immigration authorities, or upon the
immigrant child’s 22nd birthday, whichever shall first occur.
8. This court shall retain jurisdiction until the child’s 19th
birthday for the purpose of determining whether appropriate
services that were required to be provided to the young adult before
reaching 18 years of age have been provided to the youth.
9. This court shall retain jurisdiction until the child’s 21st
birthday, or 22nd birthday if the child has a disability, unless the
young adult chooses to leave foster care upon reaching 18 years of
age, or if the young adult does not meet the eligibility requirements
to remain in foster care or chooses to leave care at any time prior to
the 21st birthday, or the 22nd birthday if the young adult has a
disability.
10. This matter is scheduled for Judicial Review on
.....(date)..... at .....(time)......
DONE AND ORDERED in .........., Florida, on .....(date)......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the above-
styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to: ..........
FORM 8.973D. ORDER ON JUDICIAL REVIEW FOR YOUNG
ADULTS IN EXTENDED FOSTER CARE
ORDER ON JUDICIAL REVIEW FOR YOUNG ADULTS IN
EXTENDED FOSTER CARE AND NOTICE OF NEXT HEARING
THIS CAUSE came on to be heard on .....(date)..... for Judicial
Review on the report filed by the Department of Children and
Families in this cause under chapter 39, Florida Statutes.
The following persons appeared before the court:
..... .....(Name)....., Young Adult
..... .....(Name)....., Attorney for the Young Adult
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for the guardian ad litem
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present.
and the court having considered:
..... Judicial Review Social Study Report filed by the department;
..... Case Plan filed by the department;
..... Report of the guardian ad litem;
..... A copy of the young adult’s transition plan;
..... A copy of the voluntary placement agreement;
..... Other: ..........
AND THE COURT having heard testimony and argument, and
having been otherwise duly advised in the premises finds:
1. The young adult ….. is ….. is not making progress in
meeting the case plan goals, as follows: . The department ..... has or ..... has not made reasonable
efforts to finalize the permanency plan currently in effect.
3. The case plan and/or the young adult’s transition plan
shall be amended as follows: . The Department and all services providers .....have …..
have not provided the appropriate services listed in the case plan.
….. The Department must take the following action to ensure the
young adult receives identified services that have not been provided:
..........
…… 5. The young adult ..... is ..... is not separated from siblings
in out-of-home care. The following efforts have been made to reunite
separated siblings: .....................................................
........................................................................................................
...................................................
........................................................................................................
...................................................
..... It is not in the best interest of each sibling to be reunited in
their placement because:
........................................................................................................
........................................................................................................
........................................................................................................
..... Each sibling has the following frequency, kind and duration of
contacts:
........................................................................................................
........................................................................................................
........................................................................................................
…… 6. The young adult has signed a voluntary placement
agreement for the sole purpose of ending the current removal
episode.
….. 7. Jurisdiction in this case should be terminated based on
the following facts:
..... a. The young adult has requested termination of
jurisdiction; or
..... b. The young adult has been informed by the
department of his or her right to attend this hearing and has
provided written consent to waive this right, and
..... c. The young adult has been informed of the potential
negative effects of early termination of care, the option to reenter
care before reaching 21 years of age, or 22 years of age if the young
adult has a disability, the procedure for and the limitations on
reentering care, and the availability of alternative services, and has
signed a document attesting that he or she has been so informed
and understands these provisions; or
..... d. The young adult has voluntarily left the program,
has not signed the document indicated above, and is unwilling to
participate in any further court proceeding; or
..... e. The young adult has been involuntarily discharged
from the program by written notification dated .........., and the
young adult has not appealed the discharge decision.
THEREFORE, based upon the foregoing findings, it is hereby
ORDERED AND ADJUDGED that:
1. The judicial review report filed by the department is:
..... not accepted and a continuance was requested.
..... accepted by the court.
2. All prior orders not inconsistent with the present order
shall remain in full force and effect.
3. The young adult is placed in the following supervised
living environment: .......... under the protective supervision of the
department. The department shall have placement and care
responsibility while the young adult is under protective supervision
in the supervised living environment. The court has determined that
it is in the best interest of the young adult to remain in out-of-home
care.
. The court ends the current removal episode. The
young adult executed a voluntary placement agreement on
.....(date)..... giving the department placement and care
responsibility and beginning a new removal episode.
. This court shall retain jurisdiction until the young
adult’s 19th birthday for the purpose of determining whether
appropriate services that were required to be provided to the young
adult before reaching 18 years of age have been provided to the
youth. or
. This court shall retain jurisdiction until the young
adult’s 21st birthday, or 22 years of age if the young adult has a
disability, unless the young adult chooses to leave foster care upon
reaching 18 years of age, or if the young adult does not meet the
eligibility requirements to remain in foster care or chooses to leave
care at any time prior to the 21st birthday. or
. Jurisdiction over this cause is hereby terminated.
. Other:…………………..
. This matter is scheduled for Judicial Review on
…..(date)….. at ……(time)…….
DONE AND ORDERED in …………………, Florida, on ……(date)…….
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above-styled cause on .....(date)..... at ..... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to: ……….
FORM 8.975 DEPENDENCY ORDER WITHHOLDING
ADJUDICATION
ORDER OF ADJUDICATION
THIS CAUSE came before this court on .....(date)....., under
chapter 39, Florida Statutes, for adjudication of the Petition for
Dependency filed by .....(petitioner’s name)...... Present before the
court were
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other ....................
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present.
The court having heard testimony and argument and being
otherwise fully advised in the premises finds:
1. That the minor child(ren) who is/are the subject matter
of these proceedings, is/are dependent within the meaning and
intent of chapter 39, Florida Statutes, and is/are (a) resident(s) of
the State of Florida.
2. The mother, .....(name).....:
..... was ..... was not noticed of this hearing;
..... did not appear, and the court:
..... entered a Consent for failure to appear after proper
notice.
..... did not enter a Consent for failure to appear after
proper notice.
..... appeared with counsel;
..... appeared without counsel and:
..... was ..... was not advised of her right to legal
counsel,
..... knowingly, intelligently, and voluntarily waived .....
did not waive her right to legal counsel and
..... was ..... was not determined to qualify as indigent
and
..... was ..... was not appointed an attorney.
3. The father, .....(name).....:
..... was ..... was not noticed of this hearing;
..... did not appear, and the court:
..... entered a Consent for failure to appear after proper
notice.
..... did not enter a Consent for failure to appear after
proper notice.
..... appeared with counsel;
..... appeared without counsel and:
..... was ..... was not advised of his right to legal
counsel,
..... knowingly, intelligently, and voluntarily waived
..... did not waive his right to legal counsel
and
..... was ..... was not determined to qualify as
indigent and
..... was ..... was not appointed an attorney.
. That the child(ren) is/are dependent within the meaning
and intent of chapter 39, Florida Statutes, in that the mother,
....(name)....., abused, neglected or abandoned the minor child(ren)
by .................... These facts were proven by ..... preponderance of
the evidence ...... clear and convincing evidence.
. That the child(ren) is/are dependent within the meaning
and intent of chapter 39, Florida Statutes, in that the father,
.....(name)....., abused, neglected or abandoned the minor child(ren)
by ..................... These facts were proven by ..... preponderance of
the evidence ...... clear and convincing evidence.
. That the parties have filed a mediation agreement in
which the parent(s) consent(s) to the adjudication of dependency of
the child(ren) in conjunction with a withhold of adjudication, which
the court accepts.
7. Under section 39.507(5), Florida Statutes, the Court
finds that the child(ren) named in the petition are dependent, but
finds that no action other than supervision in the child(ren)’s home
is required.
THEREFORE, based upon the foregoing findings, it is
ORDERED AND ADJUDGED that:
1. Under section 39.507(5), Florida Statutes, the Court
hereby withholds adjudication of dependency of the minor
child(ren). The child(ren) shall be .....returned/continued..... in
(child(ren)’s home) under the supervision of the department. If this
court later finds that the parents have not complied with the
conditions of supervision imposed, the court may, after a hearing to
establish the noncompliance, but without further evidence of the
state of dependency, enter an order of adjudication.
2. This court shall retain jurisdiction over this cause to
enter any such further orders that may be deemed necessary for the
best interest and welfare of the minor child(ren).
3. All prior orders not inconsistent with the present order
shall remain in full force and effect.
4. Disposition is scheduled for .....(date)....., at ......
a.m./p.m.
DONE AND ORDERED on .....date......
Circuit Judge
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the
above styled cause on .....(date)..... at .......... a.m./p.m., before
.....(judge)....., at .....(location)....., or as soon thereafter as
counsel can be heard.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, and telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
PLEASE BE GOVERNED ACCORDINGLY.
Copies furnished to:
FORM 8.976 PROPOSED RELATIVE PLACEMENT
PROPOSED RELATIVES FOR PLACEMENT
Pursuant to Chapter 39, Florida Statutes, the
.....mother/father..... hereby provides the court and the parties with
the names and location of relatives who might be considered for
placement of the child(ren). The .....mother/father..... will continue
to inform the court and the parties of any relative who should be
considered for placement of the child(ren) with the filing of
subsequent forms.
MATERNAL
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
PATERNAL
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
Name: …………………………………
Address: ………………………………
Phone number: ………………….…….
Relationship to child: …………………
The above information is true and correct to the best of my
knowledge.
Dated ....................
(Mother’s Signature)
Printed name
……………….................
(Father’s Signature)
Printed name
……………….................
FORM 8.977 ORDER AUTHORIZING CHILD TO ENTER INTO
RESIDENTIAL LEASEHOLD AND SECURE
UTILITY SERVICES BEFORE THE CHILD’S 18TH
BIRTHDAY
ORDER AUTHORIZING CHILD TO ENTER INTO RESIDENTIAL
LEASEHOLD
AND TO SECURE RESIDENTIAL UTILITY SERVICES BEFORE THE
CHILD’S 18TH BIRTHDAY
THIS CAUSE came before the court to remove the disabilities
of nonage of .....(name)....., for the purpose of entering into a
residential leasehold and to secure residential utility services. The
court being fully advised in the premises FINDS as follows:
.....(Name)..... is 17 years of age, meets the requirements of
sections 743.045 and 743.046, Florida Statutes, and is entitled to
the benefits of those statutes.
THEREFORE, based on these findings of fact, it is ORDERED
AND ADJUDGED that the disabilities of nonage of .....(name)..... are
hereby removed for the purpose of entering a residential leasehold
and securing residential utility services. .....(Name)..... is hereby
authorized to make and execute contracts, releases, and all other
instruments necessary for the purpose of entering into a residential
leasehold and securing residential utility services. The contracts or
other instruments made by .....(name)..... for the purposes of
entering into a residential leasehold and securing residential utility
services shall have the same effect as though they were the
obligations of a person who is not a minor.
ORDERED at ..................................., Florida, on .....(date)......
Circuit Judge
Copies to:
FORM 8.978 ORDER AUTHORIZING CHILD TO SECURE
DEPOSITORY FINANCIAL SERVICES BEFORE
THE CHILD’S 18TH BIRTHDAY
ORDER AUTHORIZING CHILD TO SECURE
DEPOSITORY FINANCIAL SERVICES
BEFORE THE CHILD’S 18TH BIRTHDAY
THIS CAUSE came before the court to remove the disabilities
of nonage of .....(name)....., for the purpose of securing depository
financial services, and the court being fully advised in the premises
FINDS as follows:
.....(Name)..... is at least 16 years of age, meets the
requirements of section 743.044, Florida Statutes, and is entitled to
the benefits of that statute.
THEREFORE, based on these findings of fact, it is ORDERED
AND ADJUDGED that the disabilities of nonage of .....(name)..... are
hereby removed for the purpose of securing depository financial
services. .....(Name)..... is hereby authorized to make and execute
contracts, releases, and all other instruments necessary for the
purpose of securing depository financial services. The contracts or
other instruments made by .....(name)..... for the purpose of
securing depository financial services have the same effect as
though they were the obligations of a person who is not a minor.
ORDERED at ……….., Florida, on .....(date)......
Circuit Judge
Copies to:
FORM 8.978(A) ORDER CONCERNING YOUTH’S
ELIGIBILITY FOR FLORIDA’S TUITION AND FEE
EXEMPTION.
ORDER CONCERNING ELIGIBILITY FOR FLORIDA’S TUITION
AND FEE EXEMPTION
THIS CAUSE comes before the court to determine
.....(name).....’s eligibilty for the tuition and fee exemption under
Chapter 1009, Florida Statutes, and the court being fully advised in
the premises, it is
ORDERED AND ADJUDGED that .....(name)..... is eligible,
under Chapter 1009, Florida Statutes, and therefore exempt from
the payment of tuition and fees, including lab fees, at a school
district that provides postsecondary career programs, community
college, or state university.
ORDERED at………., Florida, on .....(date).....
Circuit Judge
Copies to:
D. TERMINATION OF PARENTAL RIGHTS FORMS
FORM 8.979 SUMMONS FOR ADVISORY HEARING
SUMMONS AND NOTICE OF ADVISORY
HEARING FOR TERMINATION OF
PARENTAL RIGHTS AND GUARDIANSHIP
STATE OF FLORIDA
TO: .....(name and address of person being summoned).....
A Petition for Termination of Parental Rights under oath has been
filed in this court regarding the above-referenced child(ren), a copy
of which is attached. You are to appear before .....(judge)....., at
.....(time and location of hearing)....., for a TERMINATION OF
PARENTAL RIGHTS ADVISORY HEARING. You must appear on the
date and at the time specified.
FAILURE TO APPEAR AT THIS ADVISORY HEARING
CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
RIGHTS TO THIS CHILD (THESE CHILDREN). IF YOU FAIL TO
APPEAR ON THE DATE AND TIME SPECIFIED YOU MAY LOSE
ALL LEGAL RIGHTS TO THE CHILD (OR CHILDREN) NAMED IN
THE PETITION ATTACHED TO THIS NOTICE.
COMMENT: The following paragraph must be in bold, 14 pt. Times
New Roman or Courier font.
If you are a person with a disability who needs any
accommodation to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain
assistance. Please contact .....(name, address, telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
Witness my hand and seal of this court at .....(city, county,
state)..... on .....(date)......
CLERK OF COURT
BY:
DEPUTY CLERK
CITATORIO Y AVISO DE
AUDIENCIA PARA LA TERMINACIÓN DE
PATRIA POTESTAD Y TUTELA
ESTADO DE FLORIDA
PARA: ..... (nombre y dirección de la persona citada).....
Se ha presentado una Petición de Terminación de la Patria Potestad
bajo juramento en este tribunal con respecto a los niños
mencionados anteriormente, cuya copia se adjunta. Usted debe
comparecer ante ..... (juez)....., en ..... (hora y lugar de la
audiencia)....., para una AUDIENCIA CONSULTIVA DE
TERMINACIÓN DE LA PATRIA POTESTAD. Deberá presentarse en
la fecha y hora que se especifiquen.
LA FALTA DE COMPARECENCIA EN ESTA AUDIENCIA
CONSULTIVA CONSTITUYE SU CONSENTIMIENTO PARA LA
TERMINACIÓN DE LA PATRIA POTESTAD DE ESTE NIÑO
(ESTOS NIÑOS). SI NO SE PRESENTA EN LA FECHA Y HORA
ESPECIFICADAS, PUEDE PERDER TODOS LOS DERECHOS
LEGALES SOBRE EL NIÑO (O NIÑOS) NOMBRADOS EN LA
PETICIÓN ADJUNTA A ESTE CITATORIO.
COMENTARIO: El siguiente párrafo debe estar en negrita, 14 pt.
fuente Times New Roman o Courier.
Si usted es una persona con una discapacidad que necesita
alguna adaptación para participar en este procedimiento, tiene
derecho, sin costo alguno para usted, a que se le provea de
cierta asistencia. Póngase en contacto con ..... (nombre,
dirección, número de teléfono)..... al menos 7 días antes de su
comparecencia programada ante el tribunal, o inmediatamente
después de recibir esta notificación si el tiempo antes de la
comparecencia programada es inferior a 7 días. Si tiene
problemas de audición o de voz, llame al 711.
Doy fe con mi firma y sello de este tribunal en ..... (ciudad,
condado, estado)..... en..... (fecha)......
SECRETARIO DEL TRIBUNAL
POR:
SECRETARIO ADJUNTO
FORM 8.980 PETITION FOR TERMINATION OF PARENTAL
RIGHTS BASED ON VOLUNTARY
RELINQUISHMENT
PETITION FOR TERMINATION OF
PARENTAL RIGHTS
Petitioner, .....(name)....., respectfully petitions this Court for
termination of parental rights and permanent commitment of the
minor child(ren), .....(name(s))....., to .....(agency name)..... for the
purpose of subsequent adoption, and as grounds states the
following:
A. PARTIES
1. The child, .....(name)....., is a male/female child born on
.....(date)....., at .....(city, county, state)...... At the time of the filing of
this petition, the child is .....(age)...... A copy of the child’s birth
certificate is attached to this Petition and incorporated as
Petitioner’s Exhibit ......
COMMENT: Repeat above for each child on petition.
2. The child(ren) is/are presently in the care and custody of
.....(name)....., and is/are residing in .................... County, Florida.
3. An affidavit under the Uniform Child Custody
Jurisdiction and Enforcement Act is attached to this as Petitioner’s
Exhibit . The natural mother of the child(ren) is .....(name)....., who
resides at . The natural/alleged/putative father of the child(ren)
.....(name(s))..... is .....(name)....., who resides at ....................
COMMENT: Repeat #5 as necessary.
6. A guardian ad litem ..... has ..... has not been appointed
to represent the interests of the child(ren) in this cause.
B. GROUNDS FOR TERMINATION
1. The parent(s) have been advised of their right to legal
counsel at all hearings that they attended.
2. The parents will be informed of the availability of private
placement of the child with an adoption entity as defined in chapter
63, Florida Statutes.
3. The mother, .....(name)....., freely, knowingly, voluntarily,
and ..... with ..... without advice of legal counsel executed an
Affidavit and Acknowledgment of Surrender, Consent, and Waiver of
Notice on .....(date)....., for termination of her parental rights to the
minor child, .....(name)....., under section 39.806(1)(a), Florida
Statutes.
COMMENT: Repeat above as necessary.
4. The father, .....(name)....., freely, knowingly, and
voluntarily, and ..... with ..... without advice of legal counsel
executed an Affidavit and Acknowledgment of Surrender, Consent,
and Waiver of Notice on .....(date)....., for termination of his parental
rights to the minor child, .....(name)....., under section 39.806(1)(a),
Florida Statutes.
COMMENT: Repeat above as necessary.
5. Under the provisions of chapter 39, Florida Statutes, it is
in the manifest best interest of the child(ren) for parental rights to
be terminated for the following reasons:
..... allegations which correspond to sections 39.810(1)–
(11), Florida Statutes.
6. A copy of this petition shall be served on the natural
mother, .....(name).....; the father(s), .....(name(s)).....; the custodian,
.....(name).....; and the guardian ad litem, .....(name)......
7. This petition is filed in good faith and under oath.
WHEREFORE, the petitioner respectfully requests that this
court grant this petition; find that the parents have voluntarily
surrendered their parental rights to the minor child(ren); find that
termination of parental rights is in the manifest best interests of
this/these child(ren); and that this court enter an order
permanently committing this/these child(ren) to the .....(name).....
for subsequent adoption.
.....(petitioner’s name and
identifying information).....
Verification
.....(attorney’s name).....
.....(address and telephone
number).....
.....(email address(es).....
.....(Florida Bar number).....
Certificate of Service
FORM 8.981 PETITION FOR INVOLUNTARY TERMINATION OF
PARENTAL RIGHTS
PETITION FOR TERMINATION
OF PARENTAL RIGHTS
Petitioner, .....(petitioner’s name)....., respectfully petitions this
court for termination of parental rights and permanent commitment
of the minor child(ren), .....(name(s))....., to .....(agency name)..... for
the purpose of subsequent adoption, and as grounds states the
following:
A. PARTIES
1. The child, .....(name)....., is a male/female child born on
.....(date)....., at .....(city, county, state)...... At the time of the filing of
this petition, the child is .....(age)...... A copy of the child’s birth
certificate is attached to this Petition and incorporated as
Petitioner’s Exhibit ......
COMMENT: Repeat above for each child on petition.
2. The child(ren) is/are presently in the care and custody of
.....(name)....., and is/are residing in ………. County, Florida.
3. An affidavit under the Uniform Child Custody
Jurisdiction and Enforcement Act is attached to this as Petitioner’s
Exhibit . The natural mother of the child(ren) is .....(name)....., who
resides at …………
5. The natural/alleged/putative father of the child(ren)
.....(name(s))..... is .....(name)....., who resides at
……………………………………….
COMMENT: Repeat #5 as necessary.
6. A guardian ad litem ..... has ..... has not been appointed
to represent the interests of the child(ren) in this cause.
B. GROUNDS FOR TERMINATION
1. The parents have been advised of their right to legal
counsel at all hearings that they attended.
2. On or about .....(date(s))....., the following occurred:
.....(acts which were basis for dependency or TPR, if filed
directly)......
3. The mother has .....(grounds for TPR)..... the minor
child(ren) within the meaning and intent of section 39.806, Florida
Statutes, in that: .....(allegations which form the statutory basis for
grounds)......
4. The father has .....(grounds for TPR)..... the minor
child(ren) within the meaning and intent of section 39.806, Florida
Statutes, in that: .....(allegations which form the statutory basis for
grounds)......
5. Under the provisions of sections 39.810(1)–(11), Florida
Statutes, it is in the manifest best interests of the child(ren) for
parental rights of .....(name(s))..... to be terminated for the following
reasons: .....(allegations for each statutory factor in the manifest
best interest test)......
6. A copy of this petition shall be served on the natural
mother, .....(name)....., father(s), .....(name(s))....., the custodian,
.....(name).....; and the guardian ad litem, .....(name)......
7. This petition is filed by the petitioner in good faith and
under oath.
WHEREFORE, the petitioner respectfully requests that this
court grant this petition; find that the parents have abused,
neglected, or abandoned the minor child(ren); find that termination
of parental rights is in the manifest best interests of this/these
child(ren); and that this court enter an order permanently
committing this/these child(ren) to .....(agency)..... for subsequent
adoption.
.....(petitioner’s name and
identifying information).....
Verification
.....(attorney’s name).....
.....(address and telephone
number).....
.....(Florida Bar number).....
Certificate of Service
FORM 8.982 NOTICE OF ACTION FOR ADVISORY HEARING
.....(Child(ren)’s initials and date(s) of birth).....
NOTICE OF ACTION AND OF ADVISORY HEARING FOR
TERMINATION OF PARENTAL RIGHTS AND
GUARDIANSHIP
STATE OF FLORIDA
TO: .....(name and address of person being summoned)....
A Petition for Termination of Parental Rights under oath has
been filed in this court regarding the above-referenced child(ren).
You are to appear before .....(judge)....., at .....(time and address of
hearing)....., for a TERMINATION OF PARENTAL RIGHTS ADVISORY
HEARING. You must appear on the date and at the time specified.
FAILURE TO APPEAR AT THIS ADVISORY HEARING
CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL
RIGHTS TO THIS CHILD (THESE CHILDREN). IF YOU FAIL TO
APPEAR ON THE DATE AND TIME SPECIFIED YOU MAY LOSE
ALL LEGAL RIGHTS TO THE CHILD (OR CHILDREN) WHOSE
INITIALS APPEAR ABOVE.
COMMENT: The following paragraph must be in bold, 14 pt.
Times New Roman or Courier font.
If you are a person with a disability who needs any
accommodation to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain
assistance. Please contact ......(name, address, telephone
number)..... at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
Witness my hand and seal of this court at .....(city, county,
state)..... on .....(date)......
CLERK OF COURT
BY:
DEPUTY CLERK
..... (Iniciales del niño (s) y fecha (s) de nacimiento).....
NOTIFICACIÓN DE AUDIENCIA CONSULTIVA PARA LA
TERMINACIÓN DE LA PATRIA POTESTAD Y
TUTELA
ESTADO DE FLORIDA
PARA: ..... (nombre y dirección de la persona citada)....
Se ha presentado una Petición de Terminación de la Patria
Potestad bajo juramento en este tribunal con respecto a los niños
mencionados anteriormente. Usted debe comparecer ante .....
(juez)....., en ..... (hora y dirección de la audiencia)....., para una
AUDIENCIA CONSULTIVA DE TERMINACIÓN DE LA PATRIA
POTESTAD. Deberá presentarse en la fecha y hora que se
especifiquen.
LA FALTA DE COMPARECENCIA EN ESTA AUDIENCIA
CONSULTIVA CONSTITUYE SU CONSENTIMIENTO PARA LA
TERMINACIÓN DE LA PATRIA POTESTAD DE ESTE NIÑO
(ESTOS NIÑOS). SI NO SE PRESENTA EN LA FECHA Y HORA
ESPECIFICADAS, PUEDE PERDER TODOS LOS DERECHOS
LEGALES SOBRE EL NIÑO (O NIÑOS) CUYAS INICIALES
APARECEN ARRIBA.
COMENTARIO: El siguiente párrafo debe estar en negrita, 14 pt.
fuente Times New Roman o Courier.
Si usted es una persona con una discapacidad que necesita
alguna adaptación para participar en este procedimiento, tiene
derecho, sin costo alguno para usted, a que se le provea de
cierta asistencia. Póngase en contacto con ...... (nombre,
dirección, número de teléfono)..... al menos 7 días antes de su
comparecencia programada ante el tribunal, o inmediatamente
después de recibir esta notificación si el tiempo antes de la
comparecencia programada es inferior a 7 días. Si tiene
problemas de audición o de voz, llame al 711.
Doy fe con mi firma y sello de este tribunal en ..... (ciudad,
condado, estado)..... en..... (fecha)......
SECRETARIO DEL TRIBUNAL
POR: ________________________
SECRETARIO ADJUNTO
FORM 8.983 ORDER INVOLUNTARILY TERMINATING
PARENTAL RIGHTS
ORDER INVOLUNTARILY TERMINATING PARENTAL RIGHTS
THIS CAUSE came before this court on .....(all dates of the adjudicatory
hearing)..... for an adjudicatory hearing on the Petition for Termination of
Parental Rights filed by .....(name) ...... Present before the court were:
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Child
..... .....(Name)....., Attorney for Child
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
The court has carefully considered and weighed the testimony of all
witnesses. The court has received and reviewed all exhibits.
COMMENT: Add the following only if necessary.
The petitioner has sought termination of the parental rights of .....(parent(s)) who is/are
subject of petition)......
The court finds that the parent(s), .....(name(s))....., has/have .....(list
grounds proved)....., under chapter 39, Florida Statutes. The grounds were
proved by clear and convincing evidence. Further, the court finds that
termination of parental rights of the parent(s), .....(name(s))....., is clearly in the
manifest best interests of the child(ren). The findings of fact and conclusions of
law supporting this decision are as follows:
1. At all stages of these proceedings the parent(s) was/were advised of
his/her/their right to legal counsel, or was/were in fact represented by
counsel.
2. On or about .....(date(s))....., the following occurred: .....(acts which
were basis for dependency or TPR, if filed directly)......
3. The mother has .....(grounds for TPR)..... the minor child(ren)
within the meaning and intent of section 39.806, Florida Statutes, in that:
.....(findings that form the statutory basis for grounds)......
4. The father has .....(grounds for TPR)..... the minor child(ren) within
the meaning and intent of section 39.806, Florida Statutes, in that:
.....(findings that form the statutory basis for grounds)......
5. The minor child(ren) to whom .....(parent’s(s’) name(s))..... parental
rights are being terminated are at substantial risk of significant harm.
Termination of parental rights is the least restrictive means to protect the
child(ren) from harm.
6. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it
is in the manifest best interests of the child(ren) for parental rights of
.....(name(s))..... to be terminated for the reasons below. The court has
considered all relevant factors and finds as follows:
(a) Regarding any suitable permanent custody arrangement
with a relative of the child(ren), the court finds ...........
(b) Regarding the ability and disposition of the parent or parents
to provide the child(ren) with food, clothing, medical care, or other remedial
care recognized and permitted under state law instead of medical care, and
other material needs of the child(ren), the court finds ...........
(c) Regarding the capacity of the parent or parents to care for
the child(ren) to the extent that the child(ren)’s safety, well-being, and
physical, mental, and emotional health will not be endangered upon the
child(ren)’s return home, the court finds ...........
(d) Regarding the present mental and physical health needs of
the child(ren) and such future needs of the child(ren) to the extent that such
future needs can be ascertained based on the present condition of the
child(ren), the court finds ...........
(e) Regarding the love, affection, and other emotional ties
existing between the child(ren) and the child(ren)’s parent or parents,
siblings, and other relatives, and the degree of harm to the child(ren) that
would arise from the termination of parental rights and duties, the court finds
...........
(f) Regarding the likelihood of an older child remaining in long-
term foster care upon termination of parental rights, due to emotional or
behavioral problems or any special needs of the child(ren), the court finds
...........
(g) Regarding the child(ren)’s ability to form a significant
relationship with a parental substitute and the likelihood that the child(ren)
will enter into a more stable and permanent family relationship as a result of
permanent termination of parental rights and duties, the court finds ...........
(h) Regarding the length of time that the child(ren) has lived in
a stable, satisfactory environment and the desirability of maintaining
continuity, the court finds ...........
(i) Regarding the depth of the relationship existing between the
child(ren) and present custodian, the court finds ...........
(j) Regarding the reasonable preferences and wishes of the
child(ren), if the court deems the child(ren) to be of sufficient intelligence,
understanding, and experience to express a preference, the court finds ...........
(k) Regarding the recommendations for the child(ren) provided
by the child(ren)’s guardian ad litem or the legal representative, the court
finds ...........
(l) Regarding other relevant factors including .........., the court
finds ...........
COMMENT: Add items 7, 8, and 9 as applicable.
7. Under section 39.811(6)(..........), Florida Statutes, the court
terminates the parental rights of only .....(parent whose rights are being
terminated)..... as to the minor child(ren), .....(child(ren)’s name(s))......
Specifically, the court finds that .....(specific findings of fact under section
39.811(6), Florida Statutes)......
8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the
court finds that continued grandparental visitation is not in the best interests
of the child(ren) or that such visitation would interfere with the permanency
goals for the child(ren) for the following reasons . Under section 39.811(7)(b), Florida Statutes, the court finds that
although parental rights are being terminated, the best interests of .....(names
of child(ren) to which this provision applies)..... support continued
communication or contact by .....(names of parents, siblings, or relatives of the
parent whose rights are terminated and to which this provision applies).....
except as provided above. The nature and frequency of the communication or
contact shall be as follows ........... It may be reviewed on motion of any party or
an identified prospective adoptive parent.
THEREFORE, after weighing the credibility of the witnesses, weighing all
statutory factors, and based on the findings of fact and conclusions of law
above, the court hereby ORDERS AND ADJUDGES THAT:
1. The petition filed by .....(name)..... is granted as to the parent(s),
.....(name(s))......
2. The parental rights of the father, .....(name)....., and of the mother,
.....(name)....., to the child, .....(name)....., are hereby terminated under section
39.806(..........), Florida Statutes.
COMMENT: Repeat the above for each child and parent, as necessary.
3. Under sections 39.811(2) and (5), Florida Statutes, the child(ren),
.....(name(s)) ....., are placed in the custody of .....(agency)..... for the purpose of
subsequent adoption.
4. The 30-day permanency plan required by section 39.811(8),
Florida Statutes, shall be filed and heard at .....(time)..... on .....(date)..... in
.....(location)......
DONE AND ORDERED on .....(date)....., in .....(city and county).....,
Florida.
Circuit Judge
NOTICE
Under section 39.815, Florida Statutes, any child, any parent,
guardian ad litem, or legal custodian of any child, any other
party to the proceeding who is affected by an order of the
court, or the department may appeal to the appropriate District
Court of Appeal within the time and in the manner prescribed
by the Florida Rules of Appellate Procedure, which is 30 days
from the date this order is rendered (signed and filed). A parent
may have the right to a court-appointed attorney as provided
by law.
Under Florida Rule of Juvenile Procedure 8.530, a parent, who
had an attorney in the termination of parental rights
proceeding, shall have 20 days after this order terminating
parental rights is entered to file a motion in the trial court
claiming ineffective assistance of counsel. A parent does not
have the right to a court-appointed attorney to assist the
parent with a motion claiming ineffective assistance of
counsel, but the parent may independently obtain an attorney
to represent the parent in the motion. The motion must
contain the case name, case number, and identify the date the
written order terminating parental rights was entered. The
motion must also contain the current mailing address and e-
mail address, if any, and the phone number(s) of the parent
filing the motion for the purpose of receiving notices and
orders. In the motion, the parent must identify specific acts or
omissions in the attorney’s representation of the parent during
the termination proceedings that the parent claims constituted
a failure to provide reasonable, professional assistance, and the
parent must explain how the errors or omissions prejudiced the
parent’s case to such an extent that but for counsel’s deficient
performance the rights of the parent would not have been
terminated.
Copies to:
FORM 8.9831. MOTION CLAIMING INEFFECTIVE ASSISTANCE
OF COUNSEL AFTER ORDER TERMINATING
PARENTAL RIGHTS
MOTION CLAIMING INEFFECTIVE ASSISTANCE OF COUNSEL
AFTER ORDER TERMINATING PARENTAL RIGHTS
Moving parent, .....(name)....., .....(address)....., .....(e-mail
address)....., .....(phone number)....., requests this court to vacate
the order terminating parental rights pursuant to Florida Rule of
Juvenile Procedure 8.530.
1. I was the parent of .....(name(s) of child(ren))..... at the
time the court entered an order terminating my parental rights on
.....(date)..... in .....(case number and case name)......
2. My attorney failed to provide me with reasonable,
professional assistance by doing or not doing the following actions
during the termination of parental rights proceedings: (use
whatever space is necessary to explain your claims)
Comment: The phrase “termination of parental rights
proceedings” is not limited to the termination of parental rights
trial.
3. My attorney’s actions or inactions prejudiced my case to
such an extent that my parental rights would not have been
terminated because: (use whatever space is necessary to explain
your claims)
WHEREFORE, I request that the court enter an order granting
this motion, vacating the order terminating parental rights, and
providing any other relief the court deems proper.
I understand that I am swearing or affirming under oath to the
truthfulness of the claims made in this verified motion and that
punishment for knowingly making a false statement includes fines
and/or imprisonment.
(Your signature)
I certify that a copy of this document was .....(mailed, faxed
and mailed, hand delivered, or e-mailed)..... to the person(s) listed
below on .....(date)..... or was not delivered to the person(s) listed
below because ...........
List each party or the party’s attorney who you served:
Name: ..........
Address: ..........
Telephone Number: ..........
Fax Number: ..........
E-mail Address: ..........
(Your signature)
FORM 8.9832. ORDER ON MOTION CLAIMING INEFFECTIVE
ASSISTANCE OF COUNSEL AFTER ORDER
TERMINATING PARENTAL RIGHTS
ORDER ON MOTION CLAIMING INEFFECTIVE ASSISTANCE OF
COUNSEL AFTER ORDER TERMINATING PARENTAL RIGHTS
THIS CAUSE came before this court on .....(date)..... on the
Motion Claiming Ineffective Assistance of Counsel after Order
Terminating Parental Rights filed by .....(name)...... Present before
the court were:
..... .....(Name)....., Moving Parent
..... .....(Name)....., Attorney for Moving Parent
..... .....(Name)....., Trial Attorney for Moving Parent
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Child
..... .....(Name)....., Attorney for Child
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other ..........
Comment: Complete the following section if the court denies the
motion without a hearing.
The court has carefully considered the motion and reviewed all
necessary documents. The court finds that the motion should be
denied without a hearing because:
..... The motion is untimely.
1. The order terminating parental rights was entered on
.....(date)......
2. The moving parent filed the motion claiming ineffective
assistance of counsel on .....(date)......
3. Therefore, the moving parent filed the motion past the
20-day time limitation.
..... The motion is insufficient as alleged. The court finds that the
moving parent failed to allege specific facts that, if taken as
true, would support a finding that the attorney during the
termination of parental rights proceedings failed to provide
reasonable, professional assistance, and that any errors or
omissions prejudiced the parent’s case to such an extent that
but for counsel’s deficient performance the rights of the parent
would not have been terminated. Specifically the court finds:
.....(findings)......
Comment: Complete the following section if the court finds that the
motion is insufficient and directs the moving parent to file an
amended motion.
The court has carefully considered the motion and reviewed all
necessary documents.
..... The motion is insufficient as alleged. The court finds that the
moving parent failed to allege specific facts that would support
a finding that the attorney during the termination of parental
rights proceedings failed to provide reasonable, professional
assistance, and that any errors or omissions prejudiced the
parent’s case to such an extent that but for counsel’s deficient
performance the rights of the parent would not have been
terminated. Specifically the court finds: .....(findings).....
However, the court finds that the moving parent should be
provided the opportunity to file an amended motion.
Comment: Complete the following section if the court previously
found that the motion was insufficient, directed the moving parent
to file an amended motion, and the parent failed to file an amended
motion within the time permitted.
The court previously carefully considered the motion and
reviewed all necessary documents.
..... On .....(date)....., the court found the motion is insufficient as
alleged. The court found that the moving parent failed to allege
specific facts that would support a finding that the attorney
during the termination of parental rights proceedings failed to
provide reasonable, professional assistance, and that any
errors or omissions prejudiced the parent’s case to such an
extent that but for counsel’s deficient performance the rights
of the parent would not have been terminated. Specifically the
court found: .....(findings)......
..... On .....(date)....., the court entered a written order providing
the parent an opportunity to file an amended motion. The
parent did not file an amended motion within 10 days of the
date of the written order permitting amendment.
Comment: Complete the following section if the court hearing was
conducted:
The court has carefully considered the motion, reviewed all
necessary documents, and having heard argument of counsel and
testimony, the court finds:
..... The motion is granted because the attorney during the
termination of parental rights proceedings failed to provide
reasonable, professional assistance, and the errors or
omissions prejudiced the parent’s case to such an extent that
but for counsel’s deficient performance the rights of the parent
would not have been terminated. Specifically the court finds:
.....(findings)......
..... The motion is denied because the attorney during the
termination of parental rights proceedings did not fail to
provide reasonable, professional assistance, or any errors or
omissions that were made did not prejudice the moving
parent’s case to such an extent that but for counsel’s deficient
performance the rights of the parent would not have been
terminated. Specifically, the court finds: .....(findings)......
THEREFORE, the court hereby ORDERS AND ADJUDGES THAT:
..... The motion claiming ineffective assistance of counsel is denied
with prejudice.
..... The motion claiming ineffective assistance of counsel is
insufficient as alleged. The moving parent may file an
amended motion. Any amended motion shall be filed within 10
days of the date of this order or the court may summarily deny
the motion.
..... The motion claiming ineffective assistance of counsel is
granted. The order terminating parental rights entered on
.....(date)..... is hereby vacated and set aside as to .....(name of
moving parent)...... An adjudicatory hearing is hereby
scheduled for .....(date (no later than 45 days from this
order))....., and, as the court finds the parent is indigent,
.....(name of counsel)..... is hereby appointed to represent
.....(name of moving parent)..... in the termination of parental
rights proceedings.
DONE AND ORDERED on .....(date)....., in .....(city and
county)....., Florida.
Circuit Judge
Copies to:
FORM 8.984 ORDER TERMINATING PARENTAL RIGHTS
(VOLUNTARY)
ORDER TERMINATING PARENTAL RIGHTS (VOLUNTARY)
THIS CAUSE came before this court on .....(all dates of the
adjudicatory hearing)..... for an adjudicatory hearing on the petition
for termination of parental rights filed by .....(name)...... Present
before the court were:
..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department/agency caseworker
..... .....(Name)....., Child
..... .....(Name)....., Attorney/Attorney ad litem for Child
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........
COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
..... The mother, .....(name)....., executed a voluntary
surrender of her parental rights for the minor child(ren),
.....(name(s))....., which is accepted by the court without objection.
COMMENT: Repeat the following as necessary.
..... The father, .....(name)....., executed a voluntary surrender
of his parental rights for the minor child(ren), .....(name(s)).....,
which is accepted by the court without objection.
The court has carefully considered the testimony of witnesses,
reviewed the exhibits, reviewed the file, heard argument of counsel,
and considered recommendations and arguments of all parties. The
court finds by clear and convincing evidence that the parents,
.....(names)....., have surrendered their parental rights to the minor
child(ren) under section 39.806(1)(a), Florida Statutes, and that
termination of parental rights is in the manifest best interests of the
child(ren). The specific facts and findings supporting this decision
are as follows:
1. That the mother, .....(name)....., ..... was ..... was not
personally served with the summons and the petition.
COMMENT: Service is not required if surrender was signed
before filing of petition.
2. That the father, .....(name)....., ..... was ..... was not
personally served with the summons and the petition.
COMMENT: Service is not required if surrender was signed
before filing of petition.
3. That the parents were advised of their right to counsel in
all prior dependency court proceedings which they attended. The
mother has been represented by legal counsel, .....(name).....,
starting on or about .....(date)..... The father has been represented
by legal counsel, .....(name)....., starting on or about .....(date)......
4. The mother, .....(name)....., freely, knowingly, voluntarily,
and ..... with ..... without advice of legal counsel executed an
affidavit and acknowledgment of surrender, consent, and waiver of
notice on .....(date)....., for termination of her parental rights to the
minor child(ren), under section 39.806(1)(a), Florida Statutes.
5. The father, .....(name)....., freely, knowingly, voluntarily,
and .....with ..... without advice of legal counsel executed an
affidavit and acknowledgment of surrender, consent, and waiver of
notice on .....(date)....., for termination of his parental rights to the
minor child(ren), under section 39.806(1)(a), Florida Statutes.
6. That at all times relevant to this action the interests of
this/these child(ren) has/have been represented by a guardian ad
litem. The guardian ad litem, .....(name)....., ..... agrees ..... does not
agree that it is in the best interests of the child(ren) for parental
rights to be terminated in this cause.
COMMENT: Guardian ad litem not required in voluntary
surrender.
7. Under the provisions of sections 39.810(1)–(11), Florida
Statutes, it is in the manifest best interests of the child(ren) for
parental rights to be terminated for the following reasons:
(a) Regarding any suitable permanency custody
arrangement with a relative of the child(ren), the court finds ...........
(b) Regarding the ability and disposition of the parent
or parents to provide the child(ren) with food, clothing, medical care
or other remedial care recognized and permitted under state law
instead of medical care, and other materials needs of the child(ren),
the court finds ...........
(c) Regarding the capacity of the parent or parents to
care for the child(ren) to the extent that the child(ren)’s safety, well-
being, and physical, mental, and emotional health will not be
endangered upon the child(ren)’s return home, the court finds
...........
(d) Regarding the present mental and physical health
needs of the child(ren) and such future needs of the child(ren) to the
extent that such future needs can be ascertained based on the
present condition of the child(ren), the court finds ...........
(e) Regarding the love, affection, and other emotional
ties existing between the child(ren) and the child(ren)’s parent or
parents, siblings, and other relatives, and the degree of harm to the
child(ren) that would arise from the termination of parental rights
and duties, the court finds ...........
(f) Regarding the likelihood of an older child remaining
in long-term foster care upon termination of parental rights, due to
emotional or behavioral problems or any special needs of the
child(ren), the court finds ...........
(g) Regarding the child(ren)’s ability to form a
significant relationship with a parental substitute and the likelihood
that the child(ren) will enter into a more stable and permanent
family relationship as a result of permanent termination of parental
rights and duties, the court finds ...........
(h) Regarding the length of time that the child(ren) has
lived in a stable, satisfactory environment and the desirability of
maintaining continuity, the court finds ...........
(i) Regarding the depth of the relationship existing
between the child(ren) and present custodian, the court finds
...........
(j) Regarding the reasonable preferences and wishes of
the child(ren), if the court deems the child(ren) to be of sufficient
intelligence, understanding, and experience to express a preference,
the court finds ...........
(k) Regarding the recommendations for the child(ren)
provided by the child(ren)’s guardian ad litem or the legal
representative, the court finds ...........
(l) Regarding other relevant factors including .........., the
court finds ...........
THEREFORE, it is ORDERED AND ADJUDGED that:
1. The petition for termination of parental rights is
GRANTED.
2. The parental rights of the father, .....(name)....., and of
the mother, .....(name)....., to the child(ren), .....(name(s))....., are
hereby terminated under section 39.806(..........), Florida Statutes.
COMMENT: Repeat the above for each child and parent on
petition.
3. The child(ren), .....(name(s))....., is/are hereby placed in
the permanent care and custody of .....(agency name)..... for
subsequent adoption.
4. A hearing for the department to provide a plan for
permanency for the child(ren) shall be held on .....(date)....., within
30 days of rendering of order, at .....(time)......
DONE AND ORDERED on .....(date)....., in .......... County,
Florida.
Circuit Judge
Copies to:
NOTICE
Under section 39.815, Florida Statutes, any child, any parent,
guardian ad litem, or legal custodian of any child, any other
party to the proceeding who is affected by an order of the
court, or the department may appeal to the appropriate District
Court of Appeal within the time and in the manner prescribed
by the Florida Rules of Appellate Procedure, which is 30 days
from the date this order is rendered (signed and filed). A parent
may have the right to a court-appointed attorney as provided
by law.
Under Florida Rule of Juvenile Procedure 8.530, a parent, who
had an attorney in the termination of parental rights
proceeding, shall have 20 days after this order terminating
parental rights is entered to file a motion in the trial court
claiming ineffective assistance of counsel. A parent does not
have the right to a court-appointed attorney to assist the
parent with a motion claiming ineffective assistance of
counsel, but the parent may independently obtain an attorney
to represent the parent in the motion. The motion must
contain the case name, case number, and identify the date the
written order terminating parental rights was entered. The
motion must also contain the current mailing address and e-
mail address, if any, and the phone number(s) of the parent
filing the motion for the purpose of receiving notices and
orders. In the motion, the parent must identify specific acts or
omissions in the attorney’s representation of the parent during
the termination proceedings that the parent claims constituted
a failure to provide reasonable, professional assistance, and the
parent must explain how the errors or omissions prejudiced the
parent’s case to such an extent that but for counsel’s deficient
performance the rights of the parent would not have been
terminated.
FORM 8.985 MOTION TO TERMINATE SUPERVISION AND
JURISDICTION
MOTION TO TERMINATE SUPERVISION
AND JURISDICTION
The Department of Children and Family Services, by and
through its undersigned counsel, moves this court for an order
terminating the department’s supervision and the court’s
jurisdiction and closing the file in the above-styled cause, and as
grounds states:
1. The parental rights previously were terminated and the
child(ren) was/were permanently committed to the care and
custody of the department for adoption by order of this court.
2. The adoption was finalized on .....(date)......
WHEREFORE, the Department of Children and Family
Services requests that this court terminate jurisdiction and the
department’s supervision and that the file be closed.
.....(attorney’s name).....
.....(address and telephone
number).....
.....(Florida Bar number).....
Certificate of Service
FORM 8.986 ORDER TERMINATING SUPERVISION AND
JURISDICTION
ORDER TERMINATING SUPERVISION AND JURISDICTION
THIS CAUSE having come before the court on motion to
terminate supervision and jurisdiction filed by the Department of
Children and Family Services, and the court being otherwise
advised in the premises, find the following:
1. The parental rights previously were terminated and the
child(ren) was/were permanently committed to the care and
custody of the department for subsequent adoption by order of this
court.
2. The adoption was finalized on .....(date)......
THEREFORE, based on these findings of fact, it is ORDERED
AND ADJUDGED:
That the supervision of the Department of Children and
Family Services and this court’s jurisdiction are terminated.
DONE AND ORDERED on .....(date)......
Circuit Judge
Copies furnished to:
E. JUDICIAL WAIVER OF PARENTAL NOTICE OF
TERMINATION OF PREGNANCY FORMS
FORM 8.987 PETITION FOR JUDICIAL WAIVER OF PARENTAL
NOTICE AND CONSENT OR CONSENT ONLY TO
TERMINATION OF PREGNANCY
IN THE CIRCUIT COURT OF THE ………. JUDICIAL CIRCUIT
IN AND FOR …………… COUNTY, FLORIDA
In the Interest of …………… (pseudonym or initials of minor)
Case No.: ……….
Division: ……….
PETITION FOR JUDICIAL WAIVER OF PARENTAL NOTICE AND
CONSENT OR CONSENT ONLY TO TERMINATION OF PREGNANCY
I certify that the following information is true and correct:
(1) The pseudonym or initials of the minor (is/are)
.................................., and the minor has filed a Sworn Statement
of True Name and Pseudonym with the clerk.
(2) The minor is ..... years old.
(3) The minor is pregnant and parental notice or consent has not
been waived.
(4) The minor requests that the court enter an order authorizing
her to terminate her pregnancy without
[check which applies]
………. notice to and consent from her parents or legal guardian
………. consent only from her parents or legal guardian
for one or more of the following reasons:
[check all that apply]
..... a. The minor is sufficiently mature to decide whether
to terminate her pregnancy, for the following reason(s):
…………………………………………………................
........................................................................................................
....................................................
..... b. The minor is a victim of child abuse or sexual abuse
inflicted by one or both of her parents or a legal guardian.
..... c. Notice and consent or consent only from a parent or
legal guardian is not in the best interests of the minor, for the
following reason(s):
………………………………………………….............................................
........................................................................................................
.......................................................................................
(5) The minor requests the appointment of an attorney to
represent her in this matter; and the attorney is appointed at no
costs to the minor at least 24 hours prior to hearing.
[check one]
..... Yes, I want an attorney to represent me during the
judicial waiver proceedings at no cost to me.
..... No, I do not wish to be represented by an attorney.
(6) The minor elects the following method or methods for receiving
notices of hearings or other court actions in this case (you may
choose more than one option):
[check all that apply]
..... Through a third party whose name is .................... and whose
address and phone number for purposes of notice are ....................,
.....................
..... The minor will contact the office of the clerk of court at the
following phone number .......................................
I understand that by signing this form I am swearing to or
affirming the truthfulness of the claims made in this petition and
that the punishment for knowingly making a false statement
includes fines, imprisonment, or both.
Signature:
Date: ..........
(You may sign a name other than your true name, such as
Jane Doe or other pseudonym under which your petition is being
filed.)
FORM 8.988 SWORN STATEMENT OF TRUE NAME AND
PSEUDONYM
SWORN STATEMENT OF TRUE NAME AND PSEUDONYM
NOTICE TO THE CLERK OF COURT: A CERTIFIED COPY OF THIS
DECLARATION WITH THE CASE NUMBER NOTED ON IT SHALL
BE GIVEN TO THE MINOR AFTER SHE SIGNS IT.
THE ORIGINAL SHALL IMMEDIATELY BE PLACED IN A SEALED
ENVELOPE WHICH SHALL BE FILED UNDER SEAL AND KEPT
UNDER SEAL AT ALL TIMES.
(1) My true name is , and my address is
.
(print your name) (print your
address)
(2) My date of birth is .
(3) I have filed a Petition for Judicial Waiver of Parental Notice
and Consent or Consent Only to Termination of Pregnancy under
the name or initials on .
(date)
I understand that by signing this form I am swearing to or affirming
the truthfulness of the information herein and that the punishment
for knowingly making a false statement includes fines,
imprisonment or both.
Dated: Signature:
(You must sign your true name.)
FORM 8.989 ADVISORY NOTICE TO MINOR
ADVISORY NOTICE TO MINOR
[Case No.: ....................]
YOU ARE NOTIFIED as follows:
YOUR CASE NUMBER APPEARS AT THE TOP OF THIS FORM.
KEEP IT IN A SAFE PLACE. YOU CAN NOT GET INFORMATION
FROM THE CLERK WITHOUT YOUR CASE NUMBER.
YOU HAVE BEEN GIVEN A COPY OF THE SWORN STATEMENT
YOU SIGNED WITH YOUR TRUE NAME. KEEP IT IN A SAFE
PLACE. YOU MAY NEED TO SHOW IT AND THE FINAL JUDGMENT
IN YOUR CASE TO YOUR DOCTOR BEFORE TERMINATING YOUR
PREGNANCY.
All information in your case is confidential. No papers will be sent
to your home, and you will be contacted by this court only through
the method you elected in the petition. Your name will not be on
your court papers.
If you would like an attorney to help you with your case, the court
will appoint one for you at no cost to you. Your attorney will receive
notices about your case so he or she can prepare for and attend
hearings with you. You may also name someone else you trust to
receive notices for you. You can also contact the clerk of court
yourself to check on your case.
You have a right to a hearing and a decision on your case within 48
hours of filing your petition unless you or your attorney waives this
right or asks for an extension of time. If this time limit is not met
you have the right to ask the clerk for a form that will allow your
doctor to perform a termination of pregnancy without notifying a
parent.
If the court dismisses your petition, you have the right to appeal.
You will be given information regarding how to proceed with an
appeal, and if you would like an attorney to help you with an
appeal, you may request that the court appoint one.
I certify that I have given a copy of this advisory form to the minor.
Dated:……….
Clerk of Court
……….County Courthouse
……….,Florida
FORM 8.990 FINAL ORDER GRANTING PETITION FOR
JUDICIAL WAIVER OF PARENTAL NOTICE AND
CONSENT OR CONSENT ONLY TO TERMINATION
OF PREGNANCY
FINAL ORDER GRANTING PETITION FOR JUDICIAL WAIVER OF
PARENTAL
NOTICE AND CONSENT OR CONSENT ONLY TO TERMINATION OF
PREGNANCY
THIS CAUSE having come before the court on a petition for
judicial waiver of parental notice and consent or consent only to
termination of pregnancy and the court being otherwise advised in
the premises, finds the following:
..... The minor has proven by clear and convincing evidence that
she is sufficiently mature to decide whether to terminate her
pregnancy, for the following reason(s): …………………………
……………………………..………………………………………………………
………………………………………………………………………………………
………………………………
The court has considered the following factors in reaching this
decision that the minor is sufficiently mature to decide whether to
terminate her pregnancy and makes the following findings:
The minor’s age is ……….
The minor’s overall intelligence indicates
…………………………………………………………………….
The minor’s emotional development and stability indicates
………………………………………………….
The minor’s credibility and demeanor as a witness indicates
…………………………………………………
The minor’s ability to accept responsibility is demonstrated by
……………………………………………..
The minor’s ability to assess both the immediate and long-
range consequences of the minor’s choices is demonstrated by
………………………………………………………………………………………
The minor’s ability to understand and explain the medical
risks of terminating her pregnancy and to apply that understanding
to her decision is indicated by
………………………………………………………………….……………………
………………………………………………………………………………………
Whether there may be any undue influence by another on the
minor’s decision to have an abortion.
………………………………………………………………………………………
………………………………………………………………………………………
..... The minor has proven by a preponderance of the
evidence that she is a victim of child abuse or sexual abuse inflicted
by one or both of her parents or a guardian, for the following
reason(s):
……………………………….………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
The court, having made a finding under this section, will
report the abuse as is required by section 39.201, Florida Statutes.
..... The minor has proven by clear and convincing evidence
that ………. notice and consent or ………. consent only from a
parent or legal guardian is not in the best interests of the minor, for
the following reason(s):
…………………………………………………….…………………………………
………………………………………………………………………………………
………………………………………………………………………………………
……………………………………………
THEREFORE, it is ORDERED AND ADJUDGED that:
1. The petition for judicial waiver of parental ………. Notice
and consent or………. Consent only to termination of pregnancy is
GRANTED.
2. ……The minor may consent to the performance or
inducement of a termination of pregnancy without notice to a
parent or legal guardian.
……The minor may consent to the performance or inducement
of a termination of pregnancy but notice to a parent or legal
guardian must be provided.
3. The clerk shall keep and maintain a confidential record of
these proceedings as provided by law, and shall seal the record.
DONE AND ORDERED in the .......... court in and for …………
County, Florida, on .....(date)......
Judge
FORM 8.991 FINAL ORDER DISMISSING PETITION FOR
JUDICIAL WAIVER OF PARENTAL NOTICE AND
CONSENT OR CONSENT ONLY TO TERMINATION
OF PREGNANCY
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
In the interest of Case no.
(pseudonym or initials of minor) Division:
FINAL ORDER DISMISSING PETITION FOR
JUDICIAL WAIVER OF PARENTAL NOTICE AND CONSENT OR
CONSENT ONLY TO TERMINATION OF PREGNANCY
THIS CAUSE having come before the court on a petition for
judicial waiver of parental notice and consent or consent only to
termination of pregnancy and the court being otherwise advised in
the premises, finds the following:
….. It was not proven by clear and convincing evidence that the
minor is sufficiently mature to decide whether to terminate the
pregnancy; specifically, the court has considered the following
factors in reaching this decision and makes the following findings:
The minor’s age is: ……….
The minor’s overall intelligence indicates:
…………………………………………….…………………………………
………….
…………………………………………….…………………………………
…………..
The minor’s emotional development and stability indicate:
…………………………………………….…………………………………
…………..
…………………………………………….…………………………………
…………..
The minor’s credibility and demeanor as a witness indicates:
…………………………………………….…………………………………
…………..
…………………………………………….…………………………………
………….
The minor’s ability to accept responsibility is demonstrated by:
…………………………………………….…………………………………
…………..
…………………………………………….…………………………………
…………..
The minor’s ability to assess both the immediate and long-
range consequences of the minor’s choices is demonstrated by:
…………………………………………….…………………………………
…………
…………………………………………….…………………………………
…………
The minor’s ability to understand and explain the medical
risks of terminating her pregnancy and to apply that
understanding to her decision is indicated by:
………………………………………………………………….……………
………………………………………………………………………………
……………………………
The minor’s decision to have an abortion may have been made
under any undue influence by another is indicated by:
…………………………………………….…………………………………
……………
…………………………………………….…………………………………
………….....
….. It was not proven by the preponderance of the evidence that
the petitioner is the victim of child abuse inflicted by one or both of
her parents or her legal guardian;
….. It was not proven by clear and convincing evidence that ……….
notification of and consent from OR ………. consent only from the
parent or legal guardian is not in the best interests of the petitioner;
….. Other:
THEREFORE, it is ORDERED AND ADJUDGED that:
1. The petition for judicial waiver of parental notice and
consent or consent only to termination of pregnancy is DISMISSED.
2. The court shall provide a written transcript of all
testimony and proceedings as provided by law.
3. The clerk shall keep and maintain a confidential record of
these proceedings as provided by law, and shall seal the record.
4. THE MINOR HAS A RIGHT TO APPEAL THIS
DECISION. The clerk shall immediately provide Form 9.900(f)
Notice of Appeal of an Order Dismissing a Petition for Judicial
Waiver of Parental Notice and Consent or Consent Only to
Termination of Pregnancy and Advisory Notice to Minor to the minor
or petitioner if other than the minor.
DONE AND ORDERED in the ........ court in and for ............
County, Florida, on .....(date)......
_________________________
_____
Judge
FORM 8.992 MINOR’S PETITION TO CHIEF JUDGE TO
REQUIRE A HEARING ON HER PETITION FOR
JUDICIAL WAIVER OF NOTICE AND CONSENT
OR CONSENT ONLY
MINOR’S PETITION TO CHIEF JUDGE TO REQUIRE A HEARING
ON HER PETITION
FOR JUDICIAL WAIVER OF NOTICE AND CONSENT OR CONSENT
ONLY
I, …..(name)….., hereby petition the chief judge of this judicial
circuit for an order directing the judge to whom this case is
assigned to hold a hearing within 48 hours after receipt of this
petition by the chief judge, and requiring the court to enter an order
on my petition for judicial waiver of notice and consent or consent
only within 24 hours after the hearing.
In support of this petition, I say:
My petition for judicial waiver of notice and consent or consent
only was filed with the Clerk on …..(date)……
The third business day from the date of filing my petition was
…..(date)……
I have not requested an extension of time for the hearing
required to be conducted.
No hearing has been conducted by the court within the time
required by statute.
WHEREFORE, I ask the chief judge to enter an order requiring
the hearing on the petition for judicial waiver to be conducted
within the next 48 hours, and requiring the court to enter its order
within 24 hours after that hearing.
Signature:
_____________________
Date:
_________________________
Time:
________________________
[to be stamped by
Clerk]