Florida/Georgia Personal Injury & Workers Compensation

...) that T.J.'s affidavits of diligent search were insufficient, such that additional searches must be undertaken by the Department or others on remand. In my view, the "diligent search" requirement has been met on the face of the existing record. [8] Section 39.502(10), Florida Statutes (2010), provides that "the failure to serve a party or give notice to a participant shall not affect the validity of an order of adjudication or disposition if the court finds that the petitioner has completed a d...

...express finding to the contrary, T.J. has conducted a diligent search and because she has been unable to locate him, need not prove anything with respect to him. As the record before us confirms, no diligent search under Chapter 39 has taken place. Section 39.502 of the Florida Statutes clearly states that until a parent's rights are terminated, that parent must be notified of all proceedings involving a child: (1) Unless parental rights have been terminated, all parents must be notified *1196 of all proceedings or hearings involving a child. ... § 39.502(1), Fla....

...2d DCA 2004) (holding that clear and convincing evidence is standard of proof required in context of ordering emergency mental health treatment). Unquestionably, N.L.E. received short notice of the hearing. Typically, a summons and notice of hearing provides at least seventy-two hours' notice. See § 39.502(4)....

...See J.B. v. Dep't of Children & Family Servs., 768 So.2d 1060, 1066-67, 1066 n. 4 (Fla.2000). However, for shelter hearings and hearings resulting from medical emergencies, notice must be "that most likely to result in actual notice to the parents." § 39.502(1)....

...with all pleadings, orders and papers, regardless of whether they are "named" as a defendant in the dependency proceeding. See Fla. R. Juv. P. 8.225(c). The Florida Statutes similarly recognize the right of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless parental rights have been terminated, all parents must be notified of all proceedings or hearings involving the child....

...the drug court judge, responded to the question. Instead, the hearing was concluded. II. Analysis We review whether a party was denied the opportunity to be heard for abuse of discretion. See Douglas v. Johnson, 65 So.3d 605, 607 (Fla. 2d DCA 2011). Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings receive notice....

...end an injunction where there had been no notice or hearing). Here, C.K. was provided with no notice, nor was he provided with an opportunity to be heard. Consequently, his procedural due process rights were violated as were the notice provisions of section 39.502(1) and (4)-(9) and rule 8.255(h), and the trial court abused its discretion in entering the no-contact order....

...earing was scheduled and would not be able to attend. She concludes by saying, "NO ONE EVER ATTEMPTED TO NOTIFY ME OF THE HEARING, although many people were aware of my whereabouts and unavailability." The trial court nevertheless denied the motion. Section 39.502, Florida Statutes (2006), requires notice in cases involving shelter hearings and hearings resulting from medical emergencies to be given in the manner "most likely to result in actual notice to the parents." Of particular importance i...

...l pleadings or papers are to be upon the party or participant. See Fla. R. Juv. P. 8.225(c)(5)(D). [1] The Legislature has prescribed that parents and all other parties and participants be given "reasonable notice" of all hearings provided for under section 39.502. See § 39.502(1), (17), Fla....

...e identity of the minor child's father. Consequently, this determination is material to the dependency proceeding. For example, section 39.013 requires both parents to be advised of their right to counsel at each stage of the dependency proceedings. Section 39.502 requires all parents to be notified of every proceeding or hearing involving the child....

...the totality of the circumstances appellant's actions constituted "an evasion of process." We are sympathetic to the considered ruling of the trial judge. However, to affirm it would be to rewrite Chapter 39 and the law regarding service of process. Section 39.502(3), Florida Statutes (2001), requires the clerk to "issue a summons" upon the filing of a dependency petition. Section 39.502(5) mandates that the summons "be served" upon "all parties other than the petitioner." By this service requirement, Chapter 39 contemplates that service will usually be effectuated pursuant to Chapter 48, Florida Statutes (2001). Section 39.502(2) provides that "[p]ersonal appearance of any person in a hearing before the court obviates the necessity of serving process on that person." That section is similar to the principle in civil cases that a defendant's general appearance in a lawsuit waives any objection to personal jurisdiction....

...The phrase "usual place of abode" means "the place where the defendant is actually living at the time of service." Shurman v. Atl. Mortgage & Inv. Corp., 795 So.2d 952, 954 (Fla.2001). Appellant's knowledge of the dependency proceeding is not enough to waive the section 39.502(5) requirement of service....

...The dependency petition is the initial pleading in a dependency proceeding. The petition in this case was filed on August 1, 2006. By statute there are two methods of service of a dependency petition: personal service for a parent who can be located, and diligent search and inquiry for a parent who cannot be located. § 39.502(4)-(9), Fla. Stat. (2006). Personal service is accomplished by personal service of the summons and dependency petition on the respondent or respondents in the dependency proceeding. Id. § 39.502(3)-(5); Fla....

...[3] If a respondent cannot be located after diligent search and inquiry, then the statute allows the case to proceed upon the filing of "an affidavit of diligent search prepared by the person who made the search and inquiry, and the court may appoint a guardian ad litem for the child." § 39.502(8), Fla....

...DCF argues, and the trial court agreed, that service of the dependency petition on the mother's counsel was effective to accomplish personal service on the mother. That is not so. The initial dependency must be served personally or through affidavit of diligent search. § 39.502(3)-(9), Fla....

...child, who is entitled to a parent who would not both totally abandon him and ignore lawful orders of the court, which told her in crystal clarity the consequences of her deliberate failure to appear or to be concerned. I would affirm. NOTES [1] Subsection 39.502(1), Florida Statutes (2006) provides, "Notice in cases involving shelter hearings ....

...(10) Service by publication shall not be required for dependency hearings and the failure to serve a party or give notice to a participant shall not affect the validity of an order of adjudication or disposition if the court finds that the petitioner has completed a diligent search for the party. Id. § 39.502(9)-(10). [5] The statute also recognizes that a personal appearance by a person "obviates the necessity of serving process on that person." § 39.502(2), Fla....

...argument that the Department did not provide a qualified case manager for the mother, who had mental health issues; and (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Id....

...argument that the Department did not provide a qualified case manager for the mother, who had mental health issues; and (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). J.B., 158 So....

...Rule 8.225(a)(2) provides that "[s]ubpoenas for testimony before the court, for production of tangible evidence . . . shall be issued by the clerk of the court, the court on its own motion, or any attorney of record for a party." (Emphasis added.) In addition, section 39.502(11), Florida Statutes (2005), provides that "[u]pon the application of a party or the petitioner, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witness...

...[4] F.G., Judge Lederman, and amicus curiae assert additional arguments for the court's authority to issue the subpoena here, such as the court's "inherent" responsibility to protect the best interests of children and other statutes that grant such authority. Because sections 39.502(11) and 393.13(4)(j)(2)(b) and rule 8.225(a)(2) resolve the issue, however, we need not address these other grounds....

...provide a qualified case manager for the mother, who had mental health issues; and 10 (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are concerned the trial court chose to go forward with the adjudicatory hearing despite the repeated protestations of the mother’s counsel that he was exhausted and not prepared to proce...

...Section 39.407(15), Florida Statutes (2006), and Florida Rule of Juvenile Procedure 8.250(b) permit a mental health assessment of a parent when the mental health is in controversy. The rule further authorizes the court to require a parent to undergo "evaluation, treatment, or counseling activities as authorized by law." Section 39.502(15) requires that a parent who is identified with a mental illness be advised of the availability of mental health advocacy services....

...t does not render constructive service of process valid); S.H. v. Dep’t of Children & Families, 837 So.2d 1117, 1118 (Fla. 4th DCA 2003) (holding that actual knowledge of dependency proceeding does not waive requirement of proper service under section 39.502(5)); Panter v....

...0. After considering the Committee's proposals and reviewing the relevant legislation, we amend the rule and forms as proposed by the Committee. The amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida Statutes, made by chapter 2008-245, sections 9-11, Laws of Florida. Consistent with the change to section 39.502(17), Florida Statutes, subdivision (c) of rule 8.225 is amended to require notice to foster or preadoptive parents of a proceeding or hearing....

...provide a qualified case manager for the mother, who had mental health issues; and 10 (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are concerned the trial court chose to go forward with the adjudicatory hearing despite the repeated protestations of the mother’s counsel that he was exhausted and not prepared to proce...

...h all pleadings, orders and papers, regardless of whether they are “named” as a defendant in the dependency proceeding. See Fla. R. Juv. P. 8.225(c). The Florida Statutes similarly recognize the right of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless parental rights have been terminated, all parents must be notified of all proceedings or hearings involving the child....

at each stage of the dependency proceedings. Section 39.502 requires all parents to be notified of every

...In its comment, DCF first points out that the addition of "relative caregivers" to the list of those entitled to notice of hearings and proceedings in dependency cases appears to have been in response to the requirements of federal law, rather than the 2008 amendments to section 39.502(17), Florida Statutes. Chapter 2008-245, section 9, Laws of Florida, amended section 39.502(17) to require that "the foster or preadoptive parents" of a child be given reasonable notice of all proceedings and hearings, and to specifically require that "[a]ll foster or preadoptive parents must be provided with 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." § 39.502(17), Fla....

BARFIELD, J. B.M., the legal guardian of two minor children, appeals from a final order of dependency. We affirm all issues, commenting only on the contention that the trial judge erred by not informing B.M. of available services as required by section 39.502(15), Florida Statutes (2000). B.M. is the legal guardian of D.M. and N.M. As such she is not a party as defined in section 39.01(51), but a participant as defined in section 39.01(50). It does not appear the legislature has extended the notice requirement of section 39.502(15) to participants such as B.M. Were we to massage other provisions of chapter 39, such as sections 39.01(33) and (49), to suggest that participants should have been included in section 39.502(15) and, therefore, were intended to be included, we would still find no reversible error....

...was originally named as a putative father at the inception of these proceedings, when the circuit court conducted an inquiry of the mother pursuant to section 39.503(1) regarding the father’s identity. E.K. received notice of the proceedings under section 39.503(3). Section 39.502(7) specifically provides that “service of the summons and service of pleadings ......

...r after she failed to appear at an arraignment hearing. She contends that the order was void because she was never served with the petition. We disagree, as she appeared at a shelter hearing, and thus, service of process was not required pursuant to section 39.502(2), Florida Statutes (2018)....

...The Department conceded the mother was not served with the petition, but it argued the court had personal jurisdiction over her because she signed for the arraignment date at the shelter hearing and was appointed counsel. The Department contended under section 39.502(2), Florida Statutes, appearance at any hearing before the Court obviates the need for personal service....

...The court agreed with the Department and entered the final order of dependency, finding the mother constructively consented to the dependency petition. A week later, the mother moved to vacate the adjudication of dependency. She argued under Florida Rule of Juvenile Procedure 8.225 and section 39.502, Florida Statutes, the clerk was required to issue a summons upon the filing of the dependency petition and to give her at least seventy-two hours’ notice of the arraignment hearing....

..., she constructively consented to the dependency order. The court denied the motion and the mother appeals. The trial court correctly ruled that the mother’s personal appearance at the shelter hearing obviated the need for service of process. Section 39.502(2), Florida Statutes, provides that, “Personal appearance of any person in a hearing before the court obviates the necessity of serving process on that person.” This same provision is included in Florida Rule of Juvenile Procedure...

...e was required. She also received and signed the notice of the date and time of the arraignment hearing, which included the admonishment that failure to appear at the hearing would result in an adjudication of dependency. The mother argues that section 39.502(2) should not be construed as obviating the need for the service of the petition for dependency when the parent has personally appeared at the shelter hearing, a distinct proceeding prior to the petition for dependency being filed. Her interpretation is not supported by the statutory language. The only service of process required on the party is service of the dependency petition, and thus, that is the only service which could be obviated by section 39.502. Further, the shelter petition is prefatory to the filing of the dependency petition, and therefore, appearance at that hearing is part of the overall dependency process, even if they are distinct parts of the proceedings involving the child in question....

...The mother’s reliance on N.L. v. Department of Children and Family Services, 960 So. 2d 810 (Fla. 3d DCA 2007), and S.H. v. Department of Children and Families, 837 So. 2d 1117 (Fla. 4th DCA 2003), is misplaced. In both cases, the parent had not appeared at a hearing. Thus, section 39.502(2) did not create jurisdiction over the parent prior to the filing of the petition for dependency. 3 In S.H., we specifically noted that section 39.502(2) could not apply because, while the parent was present at the courthouse on the day of the arraignment hearing and signed an 2 We note that the same case number is on the shelter order as on the petition for dependency, thus showin...

...2d DCA 2004) (holding that clear and convincing evidence is standard of proof required in context of ordering emergency mental health treatment). Unquestionably, N.L.E. received short notice of the hearing. Typically, a summons and notice of hearing provides at least seventy-two hours’ notice. See § 39.502(4)....

...Dep’t of Children & Family Servs., 768 So.2d 1060, 1066-67 , 1066 n. 4 (Fla.2000). However, for shelter hearings and hearings resulting from medical emergencies, notice must be “that most likely to result in actual notice to the parents.” § 39.502(1)....

...at T.J.’s affidavits of diligent search were insufficient, such that additional searches must be undertaken by the Department or others on remand. In my view, the “diligent search” requirement has been met on the face of the existing record. 8 Section 39.502(10), Florida Statutes (2010), provides that “the failure to serve a party or give notice to a participant shall not affect the validity of an order of adjudication or disposition if the court finds that the petitioner has completed a...