Transfer of casesRule 8.205
Related statutes: § 39.013 Procedures and jurisdiction; right to counsel; guardian ad litem. · § 39.813
13 opinions cite Rule 8.205
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J.S. v. Department of Children & Families 240 So. 3d 110 · 3D17-2424 · 3rd DCA 2018
Dependency order affirmed as supported by competent evidence; the father waived any transfer-of-venue objection by repeatedly seeking affirmative relief in the trial court.
…substantial evidence.”). While it does appear that, in June 2016, the trial court transferred this case to the circuit court in Volusia County, see Fla. R. Juv. P. 8.205(b), the trial court docket and the court minutes reflect that the case was transferred back to the Miami-Dade County circuit court in November 2016, and that…
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D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553 · 4th DCA 2002
Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.
… (Fla. 5th DCA 1981). A dependency action is not a "cause of action" under this definition. The Florida Rules of Juvenile Procedure do address venue, and rule 8.205(b) states: (b) Transfer of Cases Within the State of Florida. The court may transfer any case ... before adjudication where witnesses are available in another…
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D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553-2 · 4th DCA 2002
· cited by 7 in all courts
Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.
… (Fla. 5th DCA 1981). A dependency action is not a “cause of action” under this definition. The Florida Rules of Juvenile Procedure do address venue, and rule 8.205(b) states: (b) Transfer of Cases Within the State of Florida. The court may transfer any case ... before adjudication where witnesses are available in another…
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Department of Health & Rehabilitative Services v. Irven 724 So. 2d 698 · 2D97-05373 · 2nd DCA 1999
· cited by 3 in all courts
…in and for Nassau County, Florida. Subsequently, both S.S.'s mother, while represented by counsel, and HRS petitioned the Nassau County Court on the basis of rule 8.205(b), Florida Rules of Juvenile Procedure, to transfer the case to the Circuit Court for the Tenth Circuit in and for Polk County, Florida. On January 21, 1994,…
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Department of Children & Families v. B.Y. 260 So. 3d 438 · 5D18-2703 · 5th DCA 2018
Dismissal of the dependency petition at arraignment reversed because DCF and the child had no notice or chance to be heard on the oral motion.
… As previously stated, the GAL recognized that under some circumstances a trial court has the authority to transfer a juvenile case. Florida Rule of Juvenile Procedure 8.205(b) provides, in pertinent part, that: The court may transfer any case after adjudication, when adjudication is withheld, or before adjudication where witnesses…
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K.I. v. Department of Children & Families 70 So. 3d 749 · 4D11-298 · 4th DCA 2011
· cited by 8 in all courts
Virginia's emergency jurisdiction and the inconvenient-forum transfer were upheld under the UCCJEA, but remand required because the mother got no notice of the Virginia hearing.
…utilizes almost identical language. See § 61.517(1), Fla. Stat. (2010). 3 . See Florida Rule of Juvenile Procedure 8.205(c), providing that "[i]f it should appear at any time that an action is pending in another state, the court may transfer jurisdiction over the action to a more…
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K.H. v. Department of Children & Family Services 846 So. 2d 544 · 3D01-2113 · 3rd DCA 2003
· cited by 2 in all courts
Termination reversed for lack of clear and convincing evidence after a two-year delay and confusion over the case plan; jurisdiction and venue claims were rejected.
…considerations may not comport with the best interests of the child. See D.M. v. J.D.M., 814 So.2d 1112, 1115 (Fla. 4th DCA 2002). Florida Rule of Juvenile Procedure 8.205(c) provides that a dependency court may transfer the case to another state "if an action is pending in another state." No such action was pending in Virginia.…
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Irven v. Department of Health & Rehabilitative Services 790 So. 2d 403 · SC94926 · Florida Supreme Court 2001
· cited by 37 in all courts
…Petitioner testified at trial that the child's mother and respondent petitioned the Nassau County trial court to transfer the case pursuant to Florida Rule of Juvenile Procedure 8.205(b) (which, among other things, considers the "usual residence" of the child). On January 21, *405 1994, without objection, the court granted the motion to…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…clarifying or corrective, and therefore decline to adopt them on an emergency basis at this time. First, the Committee proposes striking from existing rule 8.205(b) the clause “when a stipulation under rule 8.325(d) has been accepted.” The proposed striking of this language is not mandated by the 1998 statutory changes,…
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In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021
…party has a continuing duty to inform the court of any custody proceeding in this or any other state of which information is obtained during the proceeding. RULE 8.205. TRANSFER OF CASES (a) [No Change] (b) Transfer of Cases Within the State of Florida. The court may transfer any case at any point during…
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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
…8.185. [No Change] PART HILL DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS A. GENERAL PROVISIONS RULE 8.201.-RULE 8.203. [No Change] RULE 8.205. TRANSFER OF CASES (a) Transfer of Cases Within Circuit Court. If it should appear at any time in *478 a proceeding initiated in a division other than the…
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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
…Florida Statutes. It was the committee’s intention to set minimal qualifications and to allow local programs to determine additional requirements. RULE 8.205. TRANSFER OF CASES (a) Transfer of Cases Within Circuit Court. If it should appear at any time in a proceeding initiated in a division other than the…
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In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992
· cited by 8 in all courts
…renumbered to correspond to the types and stages of juvenile proceedings. Cross-references have been changed as appropriate. 1992 Amendment. See rule 8.000. RULE 8.205. TRANSFER OF CASES (a) Transfer of Cases Within Circuit Court. If it should appear at any time in a proceeding initiated in a division other than the…
No opinion cites this provision by number.
0 admin code rules cite Rule 8.205
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.205.
0 CFOPs cite Rule 8.205
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(a) Transfer of Cases Within Circuit Court. If it should appear at any time in a proceeding initiated in a division other than the division of the circuit court assigned to handle dependency matters that facts are alleged that essentially constitute a dependency or the termination of parental rights, the court may upon consultation with the administrative judge assigned to dependency cases order the transfer of action and the transmittal of all relevant documents to the division assigned to handle dependency matters. The division assigned to handle dependency matters shall then assume jurisdiction only over matters pertaining to dependency, custody, visitation, and child support.
(b) Transfer of Cases Within the State of Florida. The court may transfer any case at any point during the proceeding after adjudication, when adjudication is withheld, or before adjudication where witnesses are available in another jurisdiction, to the circuit court for the county in which is located the domicile or usual residence of the child or such other circuit as the court may determine to be for the best interest of the child and to promote the efficient administration of justice. The transferring court must enter an order transferring its jurisdiction and certifying the case to the proper court, furnishing all parties, the clerk, and the attorney’s office handling dependency matters for the state in the receiving court a copy of the order of transfer within 5 days. The clerk must also transmit a certified copy of the file to the receiving court within 5 days.
(c) Transfer of Cases Among States. If it should appear at any time that an action is pending in another state, the court may transfer jurisdiction over the action to a more convenient forum state, may stay the proceedings, or may dismiss the action.
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. 2022-01-01 Amended · 345 So. 3d 255
- Eff. 2013-10-01 Amended · 102 So.3d 451
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1993-01-01 Amended · 608 So.2d 478
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1992 Amendment. Plans under rule 8.327 were deleted in the 1991 revision to the rules, but are being reinstated as “stipulations” in the 1992 revisions. This change corrects the cross-reference. Editor’s Note On October 18, 2012, the Supreme Court of Florida issued a revised opinion in case number SC11-399, which was originally issued on June 21, 2012. See In re Amendments to the Florida Rules of Judicial Administration, 102 So. 3d 451(Fla. 2012). The opinion provides in relevant part: “First, the new electronic filing requirements the Courts adopts will become effective in the civil, probate, small claims, and family law divisions of the trial courts, as well as for appeals to the circuit courts in these categories of cases, on April 1, 2013, at 12:01 a.m., except as may be otherwise provided by administrative order. Electronic filing will be mandatory in these divisions pursuant to rule 2.525 on that date. However, until the new rules take effect in these divisions, any clerk who is already accepting documents filed by electronic transmission under the current rules should continue to do so; attorneys in these counties are encouraged to file documents electronically under the current rules. “Next, the new electronic filing requirements the Court adopts will become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013, at 12:01 a.m., except as may be otherwise provided by administrative order. Electronic filing will be mandatory in these divisions under rule 2.525 on that date. The new e-filing requirements, as they apply in proceedings brought pursuant to the Florida Mental Health Act (Baker Act), Chapter 394, Part I, Florida Statutes, and the Involuntary Commitment of Sexually Violent Predators Act (Jimmy Ryce), Chapter 394, Part V, Florida Statutes, will also not be mandatory in these cases until October 1, 2013. As stated above, until the new rules take effect in these divisions and proceedings, any clerk who is already accepting electronically filed documents under the current rules should continue to do so; attorneys are again encouraged to utilize existing electronic filing procedures under the current rules. “However, until the new rules and procedures take effect in the district courts, any clerk who is already accepting documents filed by electronic transmission may continue to do so; attorneys in these districts are encouraged to file documents electronically. Clerks will not be required to electronically transmit the record on appeal until July 1, 2013, at 12:01 a.m. Until July 1, we encourage clerks, whenever possible, to electronically transmit the record under the new rules and requirements. “(W)e note that, in all types of cases, pursuant to amended rule 2.525(d) self-represented parties and self-represented nonparties, including nonparty governmental or public agencies, and attorneys excused from e-mail service under Florida Rule of Judicial Administration 2.516 will be permitted, but nor required, to file documents electronically. By order of November 28, 2012, in case number SC11-399, the Court released a revised implementation schedule, which provides, in pertinent part: “The e-filing rules adopted in the October 2012 opinion will be mandatory in this (Supreme) Court on February 27, 2013, at 12:01 a.m.; and effective earlier on a voluntary basis as will be indicated by further administrative order of the chief justice. “Thereafter, the e-filing rules will be mandatory in the Second District Court of Appeal on July 22, 2013, at 12:01 a.m.; in the Third District Court of Appeal on September 27, 2013, at 12:01 a.m.; in the Fourth District Court of Appeal on October 31, 2013, at 12:01 a.m.; in the Fifth District Court of Appeal on November 27, 2013 at 12:01 a.m.; and in the First District Court of Appeal on December 27, 2013, at 12:01 a.m., unless made mandatory earlier by the chief judge of the applicable district court of appeal. The e- filing rules will be effective earlier on a voluntary trial basis in the district courts of appeal as will be indicated by further administrative order by the chief judge of the applicable district court.”