Ordering children into custodyRule 8.005
3 opinions cite Rule 8.005
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Department of Health & Rehabilitative Services v. B.S. 640 So. 2d 1174 · 5D94-1032 · 5th DCA 1994
…not on community control. Second, the child was ordered detained without a legal factual basis. This detention violates Juvenile Rule of Procedure 8.005. Rule 8.005 requires a verified petition to be filed, or an affidavit or sworn testimony presented to the court before a judge can issue an order authorizing that a child…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018
…as several of the other proposed amendments. BACKGROUND The JCR Committee proposes amendments to Florida Rules of Juvenile Procedure 8.005 (Ordering Children into Custody); 8.045 (Notice to Appear); 1. We have jurisdiction. See art. V, § 2(a), Fla. Const. 8.060 (Discovery); 8.080…
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In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
· cited by 12 in all courts
…the specific procedures and program to be used in transmitting the orders and filings. PART II. DELINQUENCY PROCEEDINGS A.PRELIMINARY PROCEEDINGS RULE 8.005.-RULE 8.015. [No Change] B.PLEADINGS, PROCESS, AND ORDERS RULE 8.025.-RULE 8.055. [No Change] C.DISCOVERY RULE 8.060.-RULE 8.065. [No Change] …
No opinion cites this provision by number.
0 admin code rules cite Rule 8.005
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.005.
0 CFOPs cite Rule 8.005
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No CFOP cites Rule 8.005.
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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.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2019-01-01 Amended · 258 So.3d 1254
- Eff. 1991-07-01 Amended · 589 So.2d 818