Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Detention hearingRule 8.010

Part II · Delinquency Proceedings — A. Preliminary Proceedings · Rules of Juvenile Procedure (October 1, 2026 ed.)

9 opinions cite Rule 8.010

  1. J.R. v. State 923 So. 2d 1269 · 1D05-0757 · 1st DCA 2006

    This opinion cites Rule 8.010 4 times: (a), (d), (e)

    · cited by 6 in all courts

    …parents and children are both served, 5 and allows parents to be held in contempt for failing to appear as required by a summons. 6 Florida Rule of Juvenile Procedure 8.010(a) contemplates parents’ participation 7 as parties at detention hearings unless they “cannot be located”: No detention order ... shall be entered without a…

  2. R.R. v. Portesy 629 So. 2d 1059 · 1D93-2869 · 1st DCA 1994

    This opinion cites Rule 8.010 4 times, the section generally

    · cited by 9 in all courts

    …case, the video-telephone procedure failed to comply with the rule's requirements. We reach this decision primarily by reference to the express language in rule 8.010. [4] The rule sets forth the requirements for a detention hearing and makes abundantly clear that an accused juvenile has the right to be present at the…

  3. T.L.W. v. Soud 645 So. 2d 1101 · 1D94-3144 · 1st DCA 1994

    This opinion cites Rule 8.010 1 time: (f)

    · cited by 8 in all courts

    …that these petitioners are dangerous to the community. Further, the proof relied upon by the trial court satisfied the dictates *1106 of Florida Rule of Juvenile Procedure 8.010(f). L.W.'s argument that the trial court's finding is unsupportable because his weapon was unloaded is not availing. See, e.g., Lanier v. State, 504 So.2d…

  4. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.010 12 times, the section generally

    · cited by 7 in all courts

    …as to whether rule amendments were warranted in response to several of the NJDC's recommendations. In its report, the Committee proposes various amendments to rules 8.010, 8.070, 8.080, 8.100, and 8.115 in response to the NJDC's recommendations. Several other amendments addressing other matters are also proposed. The proposed…

  5. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 667 So. 2d 195 · SC84021 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.010 3 times: (f)(2), and the section generally

    · cited by 6 in all courts

    …Rules of Court to permit juveniles to attend detention hearings via audiovideo device. We have jurisdiction. Art. V, § 2(a), Fla. Const. Florida Rule of Juvenile Procedure 8.010 provides that no child may be placed in detention without a hearing where probable cause and the need for detention are determined: RULE 8.010 DETENTION…

  6. In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.010 2 times: (a), and the section generally

    …using communication technology with the parties, participants, witnesses, and counsel not being physically present in the courtroom or hearing room. RULE 8.010. DETENTION HEARING (a) When Required. No detention order provided for in rule 8.013 shall be entered without a hearing at which all parties…

  7. In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.010 2 times, the section generally

    · cited by 1 in all courts

    …Fla. R. Jud. Admin. 2.130(e). Under the Committee's "fast-track" procedure for considering new legislation, the Committee proposes amendments to existing rules 8.010 (Detention Hearing); 8.013 (Detention Petition and Order); and 8.415 (Judicial Review of Dependency Cases); and existing forms 8.929 (Detention Order); 8.947…

  8. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 753 So. 2d 541 · SC84 · Florida Supreme Court 1999

    Rule amendment This opinion cites Rule 8.010 2 times, the section generally

    · cited by 8 in all courts

    …out fully in our initial opinion in this case. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 667 So.2d 195 (Fla.1996). Florida Rule of Juvenile Procedure 8.010 provides that no child may be placed in detention without a hearing where probable cause and the need for detention are determined: RULE 8.010 DETENTION…

  9. In re Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure SC21-1049 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.010 1 time, the section generally

    … (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) [NO CHANGE] RULE 8.240. COMPUTATION, CONTINUANCE,…

0 admin code rules cite Rule 8.010

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.010.

0 CFOPs cite Rule 8.010

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No CFOP cites Rule 8.010.

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(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.

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.