Dependency Law Finder

1. Department of Children & Families v. J.B. 2D23-1796 · 2nd DCA 2024

   Certiorari / writ granted This opinion cites Rule 8.210 7 times: (a), (b)

   Certiorari granted, order quashed: Chapter 39 does not let a relative seeking placement and adoption intervene as a party; she may only be a participant.

   …or the representative of the guardian ad litem program when the program has been appointed, and the child." § 39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P. 8.210(a) ("For the purpose of these rules the terms 'party' and 'parties' shall include the petitioner, the child, the parent(s) of the child, the department, and the…

2. Department of Children & Families v. J.B. 2D2023-1796 · 2nd DCA 2024

   Certiorari / writ granted This opinion cites Rule 8.210 7 times: (a), (b)

   Certiorari granted and the order quashed because a great aunt seeking to adopt is a participant, not a party, and cannot intervene as a party.

   …or the representative of the guardian ad litem program when the program has been appointed, and the child." § 39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P. 8.210(a) ("For the purpose of these rules the terms 'party' and 'parties' shall include the petitioner, the child, the parent(s) of the child, the department, and the…

3. Guardian ad Litem Program v. S.S. 2D23-2529 · 2nd DCA 2024

   Certiorari / writ granted This opinion cites Rule 8.210 6 times: (a), (b)

   Certiorari granted and order quashed because prospective adoptive parents are only participants, not parties, and cannot intervene as parties in a dependency case.

   …other interested persons as participants with lesser rights . . . ." K.N. v. Dep't of Child. & Fams., 359 So. 3d 741, 743 (Fla. 4th DCA 2023). Specifically, rule 8.210(a) defines "party" as "the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem or the representative of the guardian ad…

4. Guardian ad Litem Program v. S.S. 2D2023-2529 · 2nd DCA 2024

   Certiorari / writ granted This opinion cites Rule 8.210 6 times: (a), (b)

   Certiorari granted and the order quashed because prospective adoptive parents are participants, not parties, and the court wrongly let them intervene as parties.

   …other interested persons as participants with lesser rights . . . ." K.N. v. Dep't of Child. & Fams., 359 So. 3d 741, 743 (Fla. 4th DCA 2023). Specifically, rule 8.210(a) defines "party" as "the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem or the representative of the guardian ad…

5. M.K. v. Department of Children & Families 4D2023-1044 · 4th DCA 2023

   Affirmed This opinion cites Rule 8.210 6 times: (a), (b)

   Denial of party status and intervention to a foster mother affirmed; her termination petition did not make her a party, and juvenile rules bar intervention.

   …pending dependency action by virtue of filing a TPR petition, making her a party pursuant to section 39.01(58), Florida Statutes (2022), and Florida Rule of Juvenile Procedure 8.210(a). Adoption Entity and GAL argue that M.K. did not become a party petitioner in the Department’s dependency action. The statute and rules compel us to agree…

6. K.N. v. Department of Children & Families 4D22-2273 · 4th DCA 2023

   Affirmed This opinion cites Rule 8.210 3 times: (b), and the section generally

   Denial of intervention to former foster parents affirmed since they were only participants; their appeal of the placement change was dismissed for lack of standing.

   …court to be heard without the necessity of filing a motion to intervene and shall have no other rights of a party except as provided by law. Fla. R. Juv. P. 8.210 (emphasis added); see also § 39.01(57), (58), Fla. Stat. (2022). With respect to post-disposition changes of custody, Florida Rule of Juvenile Procedure…

7. T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022

   Reversed This opinion cites Rule 8.210 3 times: (a), (b)

   Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.

   …the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem . . . when the program has been appointed.” Fla. R. Juv. P. 8.210(a); see also § 39.01(58), Fla. Stat. (2021). Participants are defined as “any person who is not a party but who should receive notice of hearings involving the…

8. Department of Children & Families v. S.T. 5D22-0536 · 5th DCA 2022

   Certiorari / writ granted This opinion cites Rule 8.210 2 times: (a), (b)

   Certiorari granted and order quashed because a paternal aunt and grandfather are not parties under the statute and rule and cannot intervene as parties.

   …at 847. Dependency proceedings are governed by Chapter 39, Florida Statutes, and Florida Rules of Juvenile Procedure. Specifically, Florida Rule of Juvenile Procedure 8.210(a) defines the terms "party" and "parties" as "the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem or the…

9. Chew v. Roberts 122 So. 3d 493 · 5D13-2697 · 5th DCA 2013

   Certiorari / writ granted This opinion cites Rule 8.210 2 times: (a), (b)

   · cited by 5 in all courts

   Certiorari granted, quashing an order consolidating relatives' adoption case with the termination case because the foster parents got no notice.

   …the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child.... See also Fla. R. Juv. P. 8.210(a). . Section 39.01(50), Florida Statutes (2012), provides: “Participant,” for purposes of a shelter proceeding, dependency proceeding, or termination of…

10. In re J.P. 12 So. 3d 253 · 2D08-5486 · 2nd DCA 2009

    Certiorari / writ granted This opinion cites Rule 8.210 2 times: (a), (b)

    · cited by 12 in all courts

    Certiorari granted and order quashed because a grandparent cannot intervene as a party in a dependency case, only as a participant.

    …litem or the representative of the guardian ad litem program when the program has been appointed, and the child. 39.01(50), Fla. Stat. (2007); see also Fla. R. Juv. P. 8.210(a). The plain language of the statute does not include grandparents within the definition of a party. Here, as in J.L., the circuit court departed from the…

11. In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006

    This opinion cites Rule 8.210 2 times, the section generally

    · cited by 6 in all courts

    …under oath. [5] The order to appear may have been oral. No such written order exists in this record. [6] This term perhaps refers to Florida Rule of Juvenile Procedure 8.210. It is not clear whether adoption proceedings under chapter 63 are governed by this rule of juvenile procedure. Compare Fla. R. Juv. P. 8.000 (stating the…

12. I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004

    Reversed & remanded This opinion cites Rule 8.210 2 times: (b), and the section generally

    · cited by 18 in all courts

    Foster parents had standing to be heard, and the court must hold a best-interests hearing before moving the child to DCF-selected out-of-state relatives.

    … (Fla. 4th DCA 1992). Even if the foster parents were not properly intervenors in these proceedings, they were already "participants" under Florida Rule of Juvenile Procedure 8.210(b) since they were the child's foster parents. [2] Under this rule, participants *585 may be granted leave by the court to be heard without the necessity of…

13. J.L. v. G.M. 687 So. 2d 977 · 4D96-2740 · 4th DCA 1997

    This opinion cites Rule 8.210 2 times: (a), (b)

    …Dep't of Health and Rehabilitative Servs. v. Doe, 659 So.2d 697 (Fla. 1st DCA 1995), rev. denied sub nom. Doe v. Browns, 668 So.2d 602 (Fla.1996). Rule 8.210(a), Florida Rules of Juvenile Procedure (1996), limits the parties to a juvenile proceeding. That rule provides: (a) Definitions. For the purpose of these…

14. J.L. v. G.M. 687 So. 2d 977 · DCA96-2740 · District Court of Appeal 1997

    This opinion cites Rule 8.210 2 times: (a), (b)

    · cited by 11 in all courts

    …Dep’t of Health and Rehabilitative Servs. v. Doe, 659 So.2d 697 (Fla. 1st DCA 1995), rev. denied sub nom. Doe v. Browns, 668 So.2d 602 (Fla.1996). Rule 8.210(a), Florida Rules of Juvenile Procedure (1996), limits the parties to a juvenile proceeding. That rule provides: (a) Definitions. For the purpose of these…

15. C.H., Sr. v. in the Adoption of: N.K. 2D20-1990 · 2nd DCA 2021

    Affirmed This opinion cites Rule 8.210 1 time: (a)

    Dismissal of a grandfather's adoption petition affirmed because it was premature and filed in the wrong division, though he had standing to refile.

    …to strike, the GALP argued that the Grandfather was not a party to the proceedings, citing section 39.01(58), Florida Statutes (2019), and Florida Rules of Juvenile Procedure 8.210(a) and 8.235(a). The GALP also contended that the Grandfather could not "be made a party by the court" pursuant to J.P. v. Department of Children & Family…

16. Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006

    Affirmed This opinion cites Rule 8.210 1 time, the section generally

    Dependency against the custodian affirmed: the court had jurisdiction despite the foreign mother not being joined, though DCF must address the child's immigration status.

    …and joined as a party to the proceedings. Her argument is based upon the provisions of section 39.01(49)-(51), Florida Statutes (2005), and Florida Rule of Juvenile Procedure 8.210, which define “parent,” “participant,” and “party,” and the provisions of sections 39.501 and 39.502, Florida Statutes (2005). She also argues the record…

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

    This opinion cites Rule 8.210 1 time: (a)

    · cited by 6 in all courts

    …Procedure specifies that "[flor the purpose of these rules the terms 'party' and 'parties' shall include ... the child [and] the parent(s) of the child.” Fla. R. Juv. P. 8.210(a) (2004). . See L.B. v. State, 675 N.E.2d 1104, 1106 (Ind.Ct.App.1996) ("The acts regarding juveniles are replete with references to parents' rights…

18. C.L.R. v. Department of Children & Families 913 So. 2d 764 · 5D03-3323 · 5th DCA 2005

    Affirmed in part, reversed in part This opinion cites Rule 8.210 1 time: (a)

    · cited by 3 in all courts

    Father remained a party entitled to notice and a hearing on reunification despite DCF's oral dismissal, but had no right to appointed counsel.

    …parent. See § 39.501(3)(c), Fla. Stat. Parents who are not named in the petition are nonetheless considered "parties" to the action under Florida Rule of Juvenile Procedure 8.210(a), which states: (a) Parties. For the purpose of these rules the term "party" and "parties" shall include the petitioner, the child, the parent(s) of the…

19. Buckner v. Family Services of Cent. Florida 876 So. 2d 1285 · 5D03-3217 · 5th DCA 2004

    Affirmed This opinion cites Rule 8.210 1 time: (b)

    · cited by 10 in all courts

    Dismissal affirmed of former foster parents' suit seeking adoption and visitation; they lacked standing as next friends and could not compel DCF's adoption consent.

    …DCF conceded at oral argument, that the Buckners have the right to ask the dependency court to recognize them as "participants," as defined by Florida Rule of Juvenile Procedure 8.210(b) for the limited purpose of seeking the appointment of an independent guardian ad litem for S.H. While adoption is a creature of statute, and prospective…

20. N.S. v. Department of Children & Families 857 So. 2d 1000 · 5D02-1571 · 5th DCA 2003

    Affirmed in part, reversed in part This opinion cites Rule 8.210 1 time: (b)

    · cited by 4 in all courts

    Dependency of the younger children reversed because a stepchild's abuse was not linked to risk to them; grandparents' participant status and case plan affirmed.

    …Florida Statutes (2001). [5] Under that section, a participant may be granted leave by the court to be heard without filing a motion to intervene. See also Rule 8.210(b), Fla. R. Juv. P. (2001). Finally, we conclude that the father has waived the issue of his being required to complete a batterer's intervention program. The…

21. B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002

    Affirmed This opinion cites Rule 8.210 1 time: (b)

    · cited by 7 in all courts

    Order leaving the disabled child in the grandmother's long-term custody affirmed; despite the mother's case-plan compliance, return would be detrimental to the child.

    …order even insofar as it denies B.D.E.'s motion for return of custody. See Florida Rules of Appellate Procedure 9.020(g) and 9.146(b), and Florida Rule of Juvenile Procedure 8.210(b). [4] In approving the new case plan, the trial court did not require the parties to make any modifications in order to incorporate terms of earlier case…

22. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553 · 4th DCA 2002

    Reversed This opinion cites Rule 8.210 1 time: (a)

    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.

    …is based took place. We can find no authority for either assertion. While the parents are "parties" in dependency proceedings, so is the child. See Fla. R. Juv. P. 8.210(a). None are referred to as a "defendant." A defendant is one against whom a civil or criminal proceeding is filed. Moreover, to require venue of a dependency…

23. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553-2 · 4th DCA 2002

    Reversed This opinion cites Rule 8.210 1 time: (a)

    · 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.

    …is based took place. We can find no authority for either assertion. While the parents are “parties” in dependency proceedings, so is the child. See Fla. R. Juv. P. 8.210(a). None are referred to as a “defendant.” A defendant is one against whom a civil or criminal proceeding is filed. Moreover, to require venue of a dependency…

24. M.C. v. Department of Children & Family Services 814 So. 2d 449 · 4D01-1187 · 4th DCA 2001

    Affirmed This opinion cites Rule 8.210 1 time: (a)

    · cited by 8 in all courts

    Termination of a 15-year-old mother's rights affirmed on egregious conduct; no guardian ad litem for her was required, and no case plan was needed.

    …of Juvenile Procedure, this court finds the use of the phrase "the child" in rule 8.215(b) does not include parents who also happen to be minors. See Fla. R. Juv. P. 8.210(a)("For the purpose of these rules the terms ... `parties' shall include the petitioner, the child, the parent(s) of the child...."). Nowhere do the Rules of…

25. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites Rule 8.210 1 time: (b)

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …order denying placement of the child with them after the termination because they were merely "participants." See § 39.01(37), (38), Fla. Stat. (1999); Fla. R. Juv. P. 8.210(b). See also § 39.473, Fla. Stat. (1999). A review of the record, however, reveals the trial court considered a motion to intervene filed by the couple, and…

26. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites Rule 8.210 1 time: (b)

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …order denying placement of the child with them after the termination because they were merely "participants.” See § 39.01(37), (38), Fla. Stat. (1999); Fla. R. Juv. P. 8.210(b). See also § 39.473, Fla. Stat. (1999). A review of the record, however, reveals the trial court considered a motion to intervene filed by the couple, and…

27. A.G. v. Department of Children & Family Services 769 So. 2d 437 · 4D00-2299 · 4th DCA 2000

    Certiorari / writ granted This opinion cites Rule 8.210 1 time: (a)

    Mandamus granted in part: the father must be served all papers despite not being a party as to one child; his collateral attack is denied.

    …had standing to seek a modification of the custody order of D.A. Although petitioner is technically not a party as to the child D.A. 1 under Florida Rules of Juvenile Procedure 8.210(a), we believe that fairness requires the trial court enter an order directing that petitioner be served with all copies of *438 those items required to be…

28. B.B. v. Department of Children & Families 731 So. 2d 30 · 4D98-3711 · 4th DCA 1999

    This opinion cites Rule 8.210 1 time: (a)

    · cited by 5 in all courts

    …not from her status as a member of the public, but from her position as a "party" to a pending dependency proceeding, within the meaning of Florida Rule of Juvenile Procedure 8.210(a). Section 39.40(1), Florida *34 Statutes (1997), provides that for dependency cases "[a]ll procedures, including petitions, pleadings, subpoenas, summonses,…

29. McGillis v. Department of Children & Family Services 719 So. 2d 967 · DCA98-663 · District Court of Appeal 1998

    This opinion cites Rule 8.210 1 time: (a)

    · cited by 2 in all courts

    …as he does not fall within the parameters of section 39.01(39), Florida Statutes (1997). See also J.L. v. G.M., 687 So.2d 977 (Fla. 4th DCA 1997)(Fla.R. Juv. P. 8.210(a) limits parties in juvenile proceeding). We note that the trial court properly recognized Mr. MeGillis as a “participant,” granting him the right to receive…

30. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites Rule 8.210 5 times: (a), (b), and the section generally

    · cited by 1 in all courts

    …of the Committee’s proposed amendments are necessary to conform with the 1998 statutory changes, as reflected in the amended versions of rule 8.201(a); rule 8.210(a); rule 8.215(c); rule 8.225(a)(1), (b)(3), (c)(1), (c)(2), and (c)(4)(D); rule 8.245(a)(1); rule 8.250(b); rule 8.290(a)(1); rule 8.305(a), (a)(2), (a)(3),…

31. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.210 3 times, the section generally

    …Procedure in response to recent statutory changes. 1 See chs. 2024-70, 2024-177, Laws of Fla. Specifically, the Committee proposes amendments to rules 8.210 (Parties and Participants), 8.215 (Guardian Ad Litem), 8.217 (Attorney Ad Litem/Attorney for the Child), 8.240 (Computation, Continuance, Extension,…

32. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

    Rule amendment This opinion cites Rule 8.210 3 times: (b), and the section generally

    · cited by 3 in all courts

    … The great majority of the amendments proposed by the Committee received no comment. We adopt without change the proposed amendments to rules 8.045, 8.135, 8.210, 8.257, 8.350, 8.515, and 8.535 and forms 8.911, 8.930, 8.964, 8.966, 8.980, 8.981, 8.983. [1] We also adopt without change the proposed new form 8.975. We…

33. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.210 3 times: (b), and the section generally

    · cited by 1 in all courts

    …Board approved the changes unanimously. The Committee has proposed amendments to Florida Rules of Juvenile Procedure 8.030, 8.031, 8.085, 8.110, 8.185, 8.201, 8.210, 8.225, 8.245, 8.255, 8.265, 8.275, 8.345, 8.525, and 8.635, and Florida Rules of Juvenile Procedure Forms 8.959, 8.960, 8.967, and 8.979. Further, the…

34. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.210 2 times: (b), and the section generally

    · cited by 8 in all courts

    …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. RULE 8.210. PARTIES AND PARTICIPANTS (a) Parties. For the purpose of these rules the terms “party” and “parties” shall include the petitioner, the child, the parents)…

35. In re Amendments to the Florida Rules of Juvenile Procedure 661 So. 2d 800 · SC85584 · Florida Supreme Court 1995

    Rule amendment This opinion cites Rule 8.210 2 times: (b), and the section generally

    …effective upon the filing of this opinion. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. APPENDIX RULE 8.210. PARTIES (a) Definitions. For the purpose of these rules the terms “party” and “parties” shall include the petitioner, the child, the parent(s) of the…

36. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites Rule 8.210 2 times: (b), and the section generally

    · cited by 8 in all courts

    …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. RULE 8.210. PARTIES (a) Definitions. For the purpose of these rules the terms “party” and “parties” shall include the petitioner, the child, the parent, the guardian…

37. In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.210 1 time, the section generally

    · cited by 12 in all courts

    …jurisdiction only over matters pertaining to dependency, custody, visitation, and child support. (b)-(c) [No Change] Committee Notes [No Change] RULE 8.210.-RULE 8.215. [No Change] RULE 8.217. ATTORNEY AD LITEM (a) Request. At any stage of the proceedings, any party may request or the court may consider whether…

38. Amendments to the Florida Rules of Juvenile Procedure 753 So. 2d 1214 · SC95 · Florida Supreme Court 1999

    Rule amendment This opinion cites Rule 8.210 1 time, the section generally

    · cited by 1 in all courts

    …by strike-through type. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. APPENDIX RULE SOURCE RULE 8.210. PARTIES AND PARTICIPANTS [[Image here]] *1215 RULE SOURCE [[Image here]] *1216 RULE SOURCE [[Image here]] *1217 RULE SOURCE [[Image here]] …

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1. CFOP 170-1 Florida Child Welfare Practice Model p. 154

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