CourtListener 9450078

Testo completo

Supreme Court of Florida
____________

No. SC2023-1371
____________

IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE - 2023 LEGISLATION.

December 7, 2023

PER CURIAM.

In response to recent legislation, the Florida Bar’s Juvenile

Court Rules Committee (Committee) has filed a “fast-track” report

proposing amendments to Florida Rules of Juvenile Procedure

8.224 (Permanent Mailing Address), 8.225 (Process, Diligent

Searches, and Service of Pleadings and Papers), 8.255 (General

Provisions for Hearings), 8.305 (Shelter Petition, Hearing, and

Order), 8.330 (Adjudicatory Hearings), 8.347 (Motion to Supplement

Order of Adjudication, Disposition Order, and Case Plan), 8.505

(Process and Service), 8.510 (Advisory Hearing and Pretrial Status

Conferences), and 8.525 (Adjudicatory Hearings); and Florida Rules

of Juvenile Procedure Forms 8.959 (Summons for Dependency

Arraignment), 8.979 (Summons for Advisory Hearing), and 8.982
(Notice of Action for Advisory Hearing). 1 The amendments reflect

changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506,

39.521, and 39.801, Florida Statutes, made by chapter 2023-302,

Laws of Florida, which went into effect on June 27, 2023. See ch.

2023-302, §§ 1-7, 10, Laws of Fla.

The Board of Governors of The Florida Bar unanimously

approved the Committee’s proposal. The Committee did not publish

its proposal before filing it with the Court. After considering the

Committee’s proposal and the relevant legislation, we amend the

Florida Rules of Juvenile Procedure as proposed by the Committee.

We discuss some of the revisions below.

In general, revisions are made throughout the subject rules to

simplify language consistent with In re Guidelines for Rules

Submissions, Florida Administrative Order No. AOSC22-78 (Fla.

Oct. 24, 2022).

Next, rule 8.224 is amended to reflect that a primary e-mail

address, if available and absent good cause, must be provided, as

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).

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well as the factors a court must consider in determining good cause

to excuse providing a primary e-mail address. Relatedly, rules

8.224, 8.225, and 8.255 are amended to reflect that a party may

consent to service by e-mail if the primary e-mail address is

provided to the clerk, and rule 8.224 is amended to also provide

that a parent must consent orally or in writing to service by e-mail.

In addition, rules 8.225, 8.255, 8.330, 8.347, 8.505, 8.510,

and 8.525, and forms 8.959, 8.979, and 8.982 are amended to

reflect the removal of all references to “personal” or “personally” in

conjunction with “appearance.” With respect to the Committee’s

proposed amendments to the forms, we observe that the proposals

are limited to only the English version of the forms, notwithstanding

that the Committee sought fast-track treatment by the Court.

Accordingly, to prevent inconsistencies within those forms, we must

delete the Spanish and Creole translations.2

2. In the event the Committee believes the Spanish and Creole
translations of the forms should be included, the Committee may
file a new report proposing that the Court adopt them.

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Lastly, rules 8.225, 8.305, 8.330, 8.347, 8.505, and 8.525 are

amended to reflect that, if applicable, the summons or notice must

include instructions for appearing by “communication technology.”

Accordingly, the Florida Rules of Juvenile Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall take effect

immediately upon the release of this opinion. Because the

amendments were not published for comment prior to their

adoption, interested persons shall have seventy-five days from the

date of this opinion in which to file comments with the Court. 3

3. All comments must be filed with the Court on or before
February 20, 2024, with a certificate of service verifying that a copy
has been served on the Committee Chair, Cheo A. Reid, 401 N.
Dixie Highway, West Palm Beach, Florida 33401, creid@sa15.org,
and on the Bar Staff Liaison to the Committee, Michael Hodges, 651
East Jefferson Street, Tallahassee, Florida 32399-2300,
rules@floridabar.org, as well as a separate request for oral
argument if the person filing the comment wishes to participate in
oral argument, which may be scheduled in this case. The
Committee Chair has until March 12, 2024, to file a response to
any comments filed with the Court. If filed by an attorney in good
standing with The Florida Bar, the comment must be electronically
filed via the Florida Courts E-Filing Portal (Portal). If filed by a
nonlawyer or a lawyer not licensed to practice in Florida, the
comment may be, but is not required to be, filed via the Portal. Any
person unable to submit a comment electronically must mail or

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It is so ordered.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and
SASSO, JJ., concur.
LABARGA, J., concurs specially with an opinion.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

LABARGA, J., specially concurring.

I recognize that the Committee only proposed amendments to

the English version of the forms and not the Spanish and Creole

translations. Thus, this Court’s rationale for deleting the Spanish

and Creole translations is to avoid any inconsistencies with the

English version as amended.

However, given the great benefit provided by including Spanish

and Creole translations of the forms, I encourage the Committee’s

swift consideration of any necessary changes to the translations.

Original Proceeding – Florida Rules of Juvenile Procedure

Cheo A. Reid, Chair, Juvenile Court Rules Committee, West Palm
Beach, Florida, Joshua E. Doyle, Executive Director, The Florida
Bar, Tallahassee, Florida, and Michael Hodges, Staff Liaison, The
Florida Bar, Tallahassee, Florida,

hand-deliver the originally signed comment to the Florida Supreme
Court, Office of the Clerk, 500 South Duval Street, Tallahassee,
Florida 32399-1927.

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for Petitioner

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APPENDIX

RULE 8.224. PERMANENT MAILING AND E-MAIL ADDRESSES

(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
thisthese 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.

(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.

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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. PROCESS, DILIGENT SEARCHES, AND SERVICE
OF PLEADINGS AND PAPERS

(a) Summons and Subpoenas.

(1) Summons. UponOn the filing of a dependency
petition, the clerk shallmust issue a summons. The summons
shallmust 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 shallmust be
attached to the summons.

(2) Subpoenas. Subpoenas for testimony before the
court, for production of tangible evidence, and for taking
depositions shallmust 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
shallmust 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 shallmust be
served upon 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.

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(A) Service by publication shall not beis not
required for dependency hearings and shall beis 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 shall beis considered valid
service.

(B) The failure to serve a party or give notice to a
participant in a dependency hearing shalldoes 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) Personal aAppearance, 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 shallmust be in a manner reasonably calculated to give actual
notice, and may be made:

(i)-(ii) [No Change]

(iii) by any form of mail addressed to the
person to be served and requesting a receipt; or

(iv) by e-mail if the person consented to
service by e-mail by providing a primary e-mail address to the clerk;
or

(iv) as directed by the court.

Service by publication shall not beis not required for
dependency hearings.

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(B) Notice under this rule shallmust 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 pursuant tounder
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) Personal aAppearance, 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 pursuant tounder 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 shallmust 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 shallmust file with the court an affidavit of diligent
search executed by the person who made the search and inquiry.

(3) [No Change]

(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

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to serve the parent whose location is unknown until excused from
further diligent search by the court. The department shallmust
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.

(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 shallmust 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) [No Change]

(e) Effect of Failure to Serve. Failure to serve parents
whose identity or residence is unknown shalldoes 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
PERSONALLY 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

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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) [No Change]

(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 shallmust 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, shallmust be served on each party or
the party’s attorney. Nothing herein shall be construed to 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

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attorney, service shallmust be made upon the attorney unless
service upon the party or participant is ordered by the court.

(A)-(B) [No Change]

(6)-(11) [No Change]

RULE 8.255. GENERAL PROVISIONS FOR HEARINGS

(a) [No Change]

(b) Presence of Child.

(1)-(2) [No Change]

(3) If a child is not present at a hearing, the court
shallmust inquire and determine the reason for the absence of the
child. The court shallmust 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) [No Change]

(d) Examination of Child; Special Protections.

(1) [No Change]

(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 shallmust assure that proceedings are
recorded, unless otherwise stipulated by the parties.

(B)-(D) [No Change]

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(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.

(1)-(2) [No Change]

(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,;

(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) [No Change]

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(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 shalldoes not
apply to statutory requirements for parents to personally appear at
arraignment hearings, advisory hearings, and adjudicatory
hearings.

(2)-(3) [No Change]

(g)-(i) [No Change]

(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, pursuant tounder
chapter 63, Florida Statutes, when required by law.

Committee Notes
[No Change]

RULE 8.305. 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 shallmust file
a written petition that shallmust:

(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 shall indicate whether the child has a special need
requiring appointment of counsel as defined in section 39.01305,
Florida Statutes;

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(2)-(10) [No Change]

(b) Shelter Hearing.

(1) The parents or legal custodians of the child
shallmust 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 shallmust 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
shallmust 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 shallmust conduct an informal hearing on
the petition within the time limits provided by law. The court
shallmust 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)-(B) [No Change]

(3) The issue of probable cause shallmust be
determined in a nonadversarial manner, applying the standard of
proof necessary for an arrest warrant.

(4) At the hearing, all interested persons present
shallmust have an opportunity to be heard and present evidence on
the criteria for placement provided by law.

(5) [No Change]

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(6) The court shallmust advise the parent or legal
custodian of:

(A)-(D) [No Change]

(7) The court shallmust appoint:

(A)-(C) [No Change]

(8) The court shallmust determine visitation rights
absent a clear and convincing showing that visitation is not in the
best interest of the child.

(9) [No Change]

(10) The court shallmust inquire of the parents whether
the parents have relatives, fictive kin, or nonrelatives who might be
considered for placement of the child. The parents shallmust
provide to the court and all parties identification and location
information regarding the relatives, fictive kin, or nonrelatives. The
court shallmust 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 shallmust advise the parents in plain
language what is expected of them to achieve reunification with
their child, including that:

(A)-(D) [No Change]

(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

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information is necessary to provide services for the child, the court
shallmust issue an order granting access.

(13)-(15) [No Change]

(d) Release from Shelter Care. No child shallmay 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
[No Change]

RULE 8.330. ADJUDICATORY HEARINGS

(a) Hearing by Judge. The adjudicatory hearing shallmust
be conducted by the judge, without a jury, utilizing the rules of
evidence in use in civil cases. At this hearing the court shallmust
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 shall havehas 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 shallmay 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 personally 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

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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) [No Change]

(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,
shallmust continue to receive pleadings, notices, and documents
and to have the right to be heard.

(f) Dismissal. If the court shall finds that the allegations in
the petition have not been sustained, it shallmust 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,
shallmust continue to receive pleadings, notices, and documents
and to have the right to be heard.

Committee Notes
[No Change]

RULE 8.347. MOTION TO SUPPLEMENT ORDER OF
ADJUDICATION, DISPOSITION ORDER, AND
CASE PLAN

(a) [No Change]

(b) Contents. The motion must:

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(1) The motion must identify the age, sex, and name of
the children whose parent or legal custodian is the subject of the
motion.;

(2) The motion must specifically identify the parent or
legal custodian who is the subject of the motion.; and

(3) The motion must allege sufficient facts showing that
a parent or legal custodian contributed to the dependency status of
the child pursuant to the statutory definition of a dependent child.

(c)-(d) [No Change]

(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
shallmust 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 shallmust 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
PERSONALLY 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 PURSUANT TOUNDER 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.

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(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 PERSONALLY
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 PURSUANT TOUNDER 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 summons must also
include instructions for appearing at the hearing through
communication technology.

(B) Upon the filing of the motion and upon
request, the clerk shallmust issue a summons.

(C) The movant shall not beis 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 shallmust be served in the same
manner as service of a dependency petition as required by law.

(E) Service by publication of the motion shall not
beis not required.

(F) [No Change]

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(G) Personal aAppearance of any person in a
hearing before the court on the motion eliminates the requirement
for serving process upon that person.

(H) [No Change]

(f) Preliminary Hearing on Motion.

(1)-(2) [No Change]

(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 shallmust 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 personally 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 pursuant tounder the statutory definition of a
dependent child.

(g) Evidentiary Hearing.

(1) Hearing Procedures. The hearing shallmust 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) [No Change]

(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 shallmust 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
shallmust enter an order granting the motion as provided in these
rules.

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(5) Failure to Appear. If a person appears for the
preliminary hearing on the motion and the court orders that person
to personally 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 pursuant tounder
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 shallmust 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
pursuant tounder 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 shallmust schedule a
supplemental disposition hearing within 15 days.

(3) The court shallmust 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
shallmust inquire of the parents whether the parents have relatives
who might be considered as placement for the child. The parents
shallmust 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 shallmust conduct a
supplemental disposition hearing pursuant tounder the same
procedures for a disposition hearing and case plan review hearing
as provided by law.

- 23 -
(2) [No Change]

(3) Supplemental Order of Disposition. The court
shallmust in its written supplemental order of disposition include:

(A)-(I) [No Change]

RULE 8.505. PROCESS AND SERVICE

(a) [No Change]

(b) Contents. The document containing the notice to appear
shallmust 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 must contain in type at least as large as the
balance of the document the following or substantially similar
language:

“FAILURE TO PERSONALLY 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
shallmust be served by publication as provided by law. The notice of
action shallmust contain the initials of the child and the child’s
date of birth. There shallmust be no other identifying information of
the child in the notice of action. The notice of action shallmust
include the full name and last known address of the person subject

- 24 -
to the notice. The notice of action shallmust not contain the name
or any other identifying information of the other parents or
prospective parents who are not subject to the notice.

(d) [No Change]

RULE 8.510. 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. Personal aAppearance of any person at the advisory
hearing eliminates the time requirement for serving process on that
person.

(2) The court must:

(A)-(B) [No Change]

(D) [No Change]

(3) If a parent served with notice fails to personally
appear at the advisory hearing, the court shallmust enter a consent
to the termination of parental rights petition for the parent who
failed to personally 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 shallmust
proceed to disposition alternatives as provided by law.

(5) If a denial is entered, the court shallmust set an
adjudicatory hearing within the period of time provided by law or

- 25 -
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 shallmust 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 shallmust 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.

RULE 8.525. ADJUDICATORY HEARINGS

(a) Hearing by Judge. The adjudicatory hearing shallmust
be conducted by the judge without a jury using the rules of
evidence for civil cases. At this hearing the court shallmust
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 shallmust 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 shall havehas 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 shallmay be excluded from

- 26 -
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 personally 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 personally appear at the
adjudicatory hearing shall 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 shallmust be
present during all examinations. The court may limit the manner in
which counsel examine the child.

(f)-(g) [No Change]

(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 shallmust
enter an order denying the termination and proceed with
dispositional alternatives as provided by law.

(i) [No Change]

(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 shallmust enter a written order
terminating parental rights and proceed with dispositional

- 27 -
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
shallmust include the dates of the adjudicatory hearing in the
order.

(C)-(D) [No Change]

(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
shallmust 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 shallmust enter an order dismissing the petition.

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)......

- 28 -
FAILURE TO PERSONALLY 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

NOTIFICACIÓN Y CITACIÓN

PARA LA AUDIENCIA

ESTADO DE LA FLORIDA

PARA: ______________________________

(Nombre y dirección de la persona a ser citada)

- 29 -
CONSIDERANDO, que ______________________________

(Nombre del(a) demandante)

ha interpuesto en este Juzgado una petición en la cual alega bajo
juramente la dependencia del(los) niño(s) según las leyes del Estado de
la Florida, adjuntándose copia de la misma, y está solicitando la emisión
oportuna de una citación para exigir su comparecencia ante este
juzgado para tratar el asunto conforme a la ley.

POR LO TANTO, se le ordena comparecer ante este Juzgado en

a las

(lugar de la audiencia) (hora y fecha de la audiencia)

SI USTED NO COMPARECE PERSONALMENTE A LA AUDIENCIA
INCOATORIA, ESTO SIGNIFICARÁ QUE USTED ACCEDE A LA
ADJUDICACIÓN DE DEPENDENCIA DE ESTE(OS) NIÑO(S) Y
FINALMENTE, PODRÁ RESULTAR EN LA PERDIDA DE LA TUTELA
DEL(OS) NIÑO(S).

SI USTED NO COMPARECE, SE LO PODRÁ JUZGAR EN DESACATO
DEL TRIBUNAL.

Si usted es una persona con una discapacidad que necesita
cualquier tipo de trato especial para participar en este
procedimiento, usted tiene derecho, sin costa alguno para usted,
para la presetación de asistencia determinadas. Póngase en
contacto con .......... (nombre, dirección, número de teléfono)
.......... por lo menos 7 dias antes la aparición en la corte
programado, o immediatamente después de reciber esta
notification, si el tiempo antes de la comparecencia prevista es
inferiof a 7 dias. Si usted está oyendo o voz alterada, llame al 711.

- 30 -
Firmado y sigilado en este Juzgado en__________________________________
(ciudad, condado y estado)

el _______________

(fecha)

ESCRIBANO DEL TRIBUNAL

POR: __________________________

ESCRIBANO DELEGADO

MANDA AK AVÈTISMAN POU

YON CHITA TANDE

Leta Florid

Pou: ..... (non ak adrès pou moun yo voye manda-a) .....

kÒm, tantiske, .......... (non pati ki fé demann-nan) .......... fé yon
demann devan tribinal-la, epi li sèmante timounnan (yo), swa dizan
bezwen pwoteksyon leta dapre règ lalwa nan Leta Florid, yon kopi
enfòmasyon sou akizasyon-an kwoke nan lèt sa-a. Yo mande pou yo
sèvi-w ak yon manda touswit, ki pou fose-w prezante devan tribinal la
pou yo ka koresponn avèk ou, dapre lalwa.

Alò, pou sa yo kòmande-w pou prezante devan tribinal sa-a, ki nan
.........., (adrès tribinal-la) .........., a .......... (nan dat ak lè, chita tande-a)
..........

SI OU PA PREZANTE PESONÈLMAN NAN CHITA TANDE-A, POU

- 31 -
YO KA AVÈTI-W AK AKIZASYON OFISYÈL-LA, SA KA LAKÒZ YO
DESIDE OU KONSANTI TIMOUN-NAN(YO), BEZWEN
PWOTEKSYON LETA, EPI LI KA LAKÒZ OU PÈDI DWA-OU KÒM
PARAN TIMOUN SA-A(YO).

SI OU PA PREZANTE, YO GEN DWA CHAJE-W, KÒMKWA OU
MANKE TRIBINAL LA DEGA.

Si ou se yon moun infirm, ki beswen ‘ed ou ki bewsen ke o
akomode w pou ou patispe nan pwosedi sa yo, ou genyen dwa,
san ke ou pa peye, a setin ‘ed. Silvouple kontake .......... (non,
address, telephone) .......... o moin 7 jou avan dat ou genyen
rendevou pou ale nan tribunal, ou si le ou resevwa avi a, genyen
mouins ke 7 jou avan date endevou tribunal la. Ou si ou pa tande
pale, rele nan nimerro sa 711.

Mwen siyen non mwen, epi mete so mwen, nan dokiman tribinal-la
sa-a, kòm temwen, nan (vil, distrik, eta) .........., nan .......... (dat) .....

GREFYE TRIBINAL-LA
PA: ___________________________
Asistan Grefye Tribinal-la

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

- 32 -
PARENTAL RIGHTS ADVISORY HEARING. You must appear on the
date and at the time specified.

FAILURE TO PERSONALLY 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.

Witness my hand and seal of this court at .....(city, county,
state)..... on .....(date)......

CLERK OF COURT
BY:
DEPUTY CLERK

AVISO Y CITACIÓN PARA LA AUDIENCIA INFORMATIVA SOBRE LA
TERMINACIÓN DE LOS DERECHOS PATERNALES Y DE LA
TUTELA

ESTADO DE LA FLORIDA

PARA: ...................................................................................................................

- 33 -
(Nombre y dirección de la persona a ser citada)

CONSIDERANDO que se ha interpuesto en este Juzgado una solicitud
bajo juramento para la terminación de los derechos paternales con
respecto al(os) niño(s) en referencia, adjuntándose copia de la misma.
Mediante la presente se le ordena comparecer ante el

___________ a las ___________________________ para una
AUDIENCIA

(Juez) (hora y lugar de la audiencia)

INFORMATIVA SOBRE LA TERMINACIÓN DE LOS DERECHOS
PATERNALES. Usted deberá comparecer en le fecha y hora indicadas.

SI USTED NO COMPARECE PERSONALMENTE A LA AUDIENCIA
INFORMATIVA, ESTO SIGNIFICARÁ QUE USTED ACCEDE A LA
TERMINACIÓN DE SUS DERECHOS PATERNALES CON RESPECTO A
ESTE(OS) NIÑO(S). SI USTED NO COMPARECE EN LA FECHA Y
HORA INDICADAS, USTED PODRÁ PERDER TODOS SUS DERECHOS
LEGALES CON RESPECTO AL/LOS NIÑO(S) MENCIONADO(S) EN LA
PETICIÓN ADJUNTA A ESTE AVISO.

- 34 -
inferiof a 7 dias. Si usted está oyendo o voz alterada, llame al 711.

Firmado y sigilado en este Juzgado _____________

_______________________ el __________________
(ciudad, condado, (fecha)
estado)

ESCRIBANO DEL
TRIBUNAL

POR: __________________

ESCRIBANO DELEGADO

MANDA AK AVÈTISMAN POU ENFOME-W SOU YON CHITA TANDE,
POU YO ANILE DWA-W KÒM PARAN AK KÒM GADYEN

Leta Florid

POU: .......... (non ak adrès moun yo voye manda-a) ..........

KÒM, tandiske, gen yon demann sèmante pou anile dwa paran-yo,
ki prezante devan tribinal-la, konsènan timoun ki nonmen nan lèt
sa-a, piwo-a, yon kopi dokiman-an kwoke nan dosye-a., yo bay lòd
pou prezante devan .......... (Jij-la) .........., a .......... (nan.lè ak adrès
chita tande-a) .........., NAN YON CHITA TANDE POU YO ENFÒME-W,
YO GEN LENTANSYON POU ANILE DWA-OU KÒM PARAN. Ou fèt
pou prezante nan dat ak lè ki endike-a.

SI OU PA PREZANTE PÈSONÈLMAN NAN CHITA TANDE-A, POU
YO ENFÒME-W, YO GEN LENTANSYON POU ANILE DWA-OU KÒM
PARAN, SA KA LAKÒZ YO DESIDE OU KONSANTI TIMOUN SA-A
(YO), BEZWEN PWOTEKSYON LETA EPI SA KA LAKÒZ OU PÈDI

- 35 -
DWA-OU KÒM PARAN TIMOUN SA-A(YO), KI GEN NON YO MAKE
NAN KOPI DEMANN-NAN, KI KWOKE NAN AVÈTISMAN-AN

Mwen siyen non mwen e mete so mwen nan dokiman tribinal-la kòm
temwen nan (vil, distrik, eta) .........., nan .......... (dat) ........................

GREFYE TRIBINAL-LA
PA: _______________________________
ASISTAN GREFYE TRIBINAL-LA

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 PERSONALLY APPEAR AT THIS ADVISORY
HEARING CONSTITUTES CONSENT TO THE TERMINATION OF
PARENTAL RIGHTS TO THIS CHILD (THESE CHILDREN). IF

- 36 -
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

AVISO Y CITACION PARA LA AUDIENCIA INFORMATIVA SOBRE LA
TERMINACION DE LOS DERECHOS PATERNALES Y DE LA
TUTELA

ESTADO DE LA FLORIDA

PARA: (Nombre y direccion de la persona a ser citada)

CONSIDERANDO que se ha interpuesto en este Juzgado una solicitud
bajo juramento para la terminacion de los derechos paternales con
respecto al(os) nino(s) en referencia, adjuntandose copia de la misma.
Mediante la presente se le ordena comparecer ante el

- 37 -
___________ a las para una
AUDIENCIA

(Juez) (hora y lugar de la audiencia)

INFORMATIVA SOBRE LA TERMINACION DE LOS DERECHOS
PATERNALES. Usted debera comparecer en le fecha y hora indicadas.

SI USTED NO COMPARECE PERSONALMENTE A LA AUDIENCIA
INFORMATIVA, ESTO SIGNIFICARA QUE USTED ACCEDE A LA
TERMINACION DE SUS DERECHOS PATERNALES CON
RESPECTO A ESTE(OS) NINO(S). SI USTED NO COMPARECE EN
LA FECHA Y HORA INDICADAS, USTED PODRA PERDER TODOS
SUS DERECHOS LEGALES CON RESPECTO AL/LOS NINO(S)
MENCIONADO(S) EN LA PETICION ADJUNTA A ESTE AVISO.

Firmado y sigilado en este Juzgado _____________

______________________ el ______________

(ciudad, condado, (fecha)
estado)

ESCRIBANO DEL

- 38 -
TRIBUNAL

POR: ______________________

ESCRIBANO DELEGADO

MANDA AK AVTISMAN POU ENFOME-W

SOU YON CHITA TANDE, POU YO ANILE

DWA-W KM PARAN AK KM GADYEN.

LETA FLORID

POU: .......... (non ak adrs moun yo voye manda-a) ..........

KOM, tandiske, gen yon demann smante pou anile dwa paran-yo, ki
prezante devan tribinal-la, konsnan timoun ki nonmen nan lt sa-a,
piwo-a, yon kopi dokiman-an kwoke nan dosye-a., yo bay ld pou
prezante devan .......... (Jij-la) .........., a .......... (nan.l ak adrs chita
tande-a) .........., NAN YON CHITA TANDE POU YO ENFME-W, YO
GEN LENTANSYON POU ANILE DWA-OU KM PARAN. Ou ft pou
prezante nan dat ak l ki endike-a.

SI OU PA PREZANTE PSONLMAN NAN CHITA TANDE-A, POU YO
ENFME-W, YO GEN LENTANSYON POU ANILE DWA-OU KM
PARAN, SA KA LAKZ YO DESIDE OU KONSANTI TIMOUN SA-A
(YO), BEZWEN PWOTEKSYON LETA EPI SA KA LAKZ OU PDI
DWA-OU KM PARAN TIMOUN SA-A(YO), KI GEN NON YO MAKE
NAN KOPI DEMANN-NAN, KI KWOKE NAN AVTISMAN-AN

- 39 -
pale, rele nan nimerro sa 711.

Mwen siyen non mwen e mete so mwen nan dokiman tribinal-la km
temwen nan .......... (vil, distrik, eta) .........., nan .......... (dat) ..........

GREFYE TRIBINAL-LA
PA: ____________________

ASISTAN GREFYE TRIBINALA-L

- 40 -

In Re: Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation

Testo completo

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