Arraignment of detained childRule 8.015
3 opinions cite Rule 8.015
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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
…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 8.015. ARRAIGNMENT OF DETAINED CHILD (a) [No Change] (b) Notice. (1) Personal appearance either by physical presence or via…
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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
…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] D.ARRAIGNMENTS AND…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…detention period, unless a continuance has been granted to the state or the child for cause; and (89) be signed by the court with the title of office. RULE 8.015. 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…
No opinion cites this provision by number.
Cited as rule 8.015 under earlier numbering (1)
These opinions cite a rule numbered 8.015 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1991-07-01). They are about a different rule.
0 admin code rules cite Rule 8.015
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.015.
0 CFOPs cite Rule 8.015
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(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.
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. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1991-07-01 Added · 589 So.2d 818
Committee notes (1)
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.