Dependency Law Finder

1. B.D. v. Department of Children & Families 3D2024-2252 · 3rd DCA 2025

   Certiorari / writ granted This opinion cites Rule 8.255 4 times: (c)

   Prohibition granted; the judge's private discussion of the case's merits with the guardian ad litem supervisor and case manager, without the mother or counsel, required disqualification.

   …to address the trial court regarding a personal matter. The trial court thought it would be best if it spoke with the minor child in private. See Fla. R. Juv. P. 8.255(c). B.D. agreed to the one-on-one conversation, but requested that any in camera discussion be transcribed. No one objected to the request. The…

2. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

   Reversed & remanded This opinion cites Rule 8.255 3 times: (a), (d), and the section generally

   Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

   …in family law proceedings (including adoption) without a prior court order based on good cause. The trial court did this rather than cite Florida Rule of Juvenile Procedure 8.255(d), which sets out a process for examination of minors in camera in chapter 39 TPR proceedings. Four days before that trial was to commence, A.M.’s…

3. WS v. Department of Children & Families 31 So. 3d 329 · 4D09-4625 · 4th DCA 2010

   Affirmed This opinion cites Rule 8.255 3 times: (b), (d)(2), and the section generally

   · cited by 2 in all courts

   Termination affirmed: the child was properly excused from trial for his mental health, incarceration was not the sole basis, and there is no jury right.

   …for him to see his father, who had damaged him, and it could cause regression. Based upon this evidence the court denied the motion. Florida Rule of Juvenile Procedure 8.255(b) provides “the child has a right to be present at the hearing unless the court finds that the child’s mental or physical condition or age is such that a court…

4. In re G.S. 989 So. 2d 1282 · 2D07-3938 · 2nd DCA 2008

   Reversed & remanded This opinion cites Rule 8.255 3 times: (d)(2), (d)(2)(C)

   Dependency order reversed because the seven-year-old's competency inquiry was inadequate; on remand, limits on how she testifies need an evidentiary basis.

   …that the child "be examined in camera via closed circuit equipment and interviewed by a trained forensic examiner." The court cited to Florida Rule of Juvenile Procedure 8.255(d)(2) which provides for the in camera examination of a child. Rule 8.255(d)(2) requires the court, after motion and hearing, to make specific written findings of…

5. L.S. v. Department of Children & Family Services 989 So. 2d 1282 · 2D07-3938-2 · 2nd DCA 2008

   Reversed & remanded This opinion cites Rule 8.255 3 times: (d)(2), (d)(2)(C)

   · cited by 2 in all courts

   Dependency order reversed because the seven-year-old's competency inquiry was inadequate; on remand, limits on how she testifies need an evidentiary basis.

   …that the child “be examined in camera via closed circuit equipment and interviewed by a trained forensic examiner.” The court cited to Florida Rule of Juvenile Procedure 8.255(d)(2) which provides for the in camera examination of a child. Rule 8.255(d)(2) requires the court, after motion and hearing, to make specific written findings of…

6. A.G. v. Department of Children & Families 193 So. 3d 1097 · 4D16-782 · 4th DCA 2016

   Reversed & remanded This opinion cites Rule 8.255 2 times: (d)

   · cited by 1 in all courts

   Adjudication, disposition and case plan reversed because of improper in camera testimony, inadequate child competency inquiry, and child hearsay admitted without a reliability hearing.

   …restrictions on the method of examining a child witness without holding an evidentiary hearing and making factual findings supported by the evidence. Fla. R. Juv. P. 8.255(d); In re G.S., 989 So. 2d 1282, 1285 (Fla. 2d DCA 2008). Here, the Department alleged the child would “suffer emotional or mental harm if required to testify in…

7. C.K. v. Department of Children & Family Services 88 So. 3d 975 · 2D12-633 · 2nd DCA 2012

   Reversed & remanded This opinion cites Rule 8.255 2 times: (h)

   · cited by 8 in all courts

   No-contact order reversed because the father got no notice or chance to be heard at the dependency drug court hearing that issued it.

   …2011). Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings receive notice. Similarly, Florida Rule of Juvenile Procedure 8.255(h), applicable to dependency proceedings, provides that “[w]hen these rules do not require a specific notice, all parties will be given reasonable notice of any…

8. T.W. v. Department of Children & Families 975 So. 2d 630 · 4D07-4781 · 4th DCA 2008

   Affirmed This opinion cites Rule 8.255 2 times: (b), (d)(2)(C)

   · cited by 1 in all courts

   Termination affirmed for the mother's long drug addiction and case plan failure; refusing two children's live testimony was harmless given their accepted proffer.

   … The mother also objects to the trial court's refusing to allow two of her four children to testify without making findings pursuant to Florida Rule of Juvenile Procedure 8.255(d)(2)(C). That provision, however, applies only where an in-camera examination has occurred. The trial court refused to permit two children from testifying, because…

9. L.R. v. J.F. 960 So. 2d 836 · 4D06-4003 · 4th DCA 2007

   Reversed & remanded This opinion cites Rule 8.255 2 times: (d), and the section generally

   Custody order reversed because the mother had a right to appointed counsel in the retained dependency case and the child should have testified.

   …court erred in excluding T.F. *840 from the hearing and not speaking to her regarding her desire to remain with the mother in Florida. Juvenile Procedure Rule 8.255 supports the mother's position. Subsection (b) of the rule makes clear that a child has a right to be present in juvenile matters "unless the court finds that…

10. L.R. v. J.F. 960 So. 2d 836 · 4D4B06-4003 · 4th DCA 2007

    Reversed & remanded This opinion cites Rule 8.255 2 times: (d), and the section generally

    · cited by 1 in all courts

    Custody order reversed because the mother had a right to appointed counsel in the retained dependency case and the child should have testified.

    …court erred in excluding T.F. *840 from the hearing and not Speaking to her regarding her desire to remain with the mother in Florida. Juvenile Procedure Rule 8.255 supports the mother’s position. Subsection (b) of the rule makes clear that a child has a right to be present in juvenile matters “unless the court finds that…

11. G.C. v. Department of Children & Families 791 So. 2d 17 · 5D99-2227 · 5th DCA 2001

    Affirmed in part, reversed in part This opinion cites Rule 8.255 2 times, the section generally

    · cited by 21 in all courts

    Dependency affirmed as to the father's sexual abuse but reversed on the mother's mental abuse; child testifying outside parents' presence and denied postponement upheld.

    …abused H.C. EXCLUSION OF THE PARENTS FROM THE HEARING AT WHICH H.C. TESTIFIED Section 39.408(c)(2), Florida Statutes (1997) and Florida Rule of Juvenile Procedure 8.255.(c) provide authority for the examination of children outside the presence of their parents. The statute has since been re-codified into section 39.507(2),…

12. Department of Children & Families v. J.J. 5D23-0655 · 5th DCA 2023

    Reversed & remanded This opinion cites Rule 8.255 1 time: (d)(2)(A)

    Denial of dependency reversed: judge refused to weigh child witnesses' credibility, required actual harm, and appeared partial; new hearing before a different judge.

    …the GAL argue that the trial court erred in refusing to assess the credibility of A.H. and C.J. while conducting the in-camera examination. Florida Rule of Juvenile Procedure 8.255(d)(2)(A) provides that “[o]n motion and hearing, the child may be examined by the court outside the presence of other parties as provided by law. The court shall…

13. K.M. v. Department of Children & Families 201 So. 3d 1242 · 2D16-3197 · 2nd DCA 2016

    Reversed & remanded This opinion cites Rule 8.255 1 time: (h)

    · cited by 1 in all courts

    Order terminating supervision and jurisdiction reversed on DCF's concession because the out-of-state father received no notice the motion would be heard.

    …"[s]ection 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings receive notice. Similarly, Florida Rule of Juvenile Procedure 8.255(h), applicable to dependency proceedings, provides that '[w]hen these rules do not require a specific notice, all parties will be given reasonable notice of any…

14. W.T. v. K.F.Y. 59 So. 3d 1216 · 5D10-4031 · 5th DCA 2011

    This opinion cites Rule 8.255 1 time: (g)

    · cited by 1 in all courts

    … Further, there is neither a transcript, nor an adequate substitute, memorializing the proceedings before the trial court as required by Florida Rule of Juvenile Procedure 8.255(g). See J.D.L. v. W.J.J., Jr., 54 So.3d 603 (Fla. 5th DCA 2011). Accordingly, we reverse the final judgment and remand to the trial court to conduct a new…

15. D.F. v. Department of Children & Family Services 877 So. 2d 733 · 3D03-1478 · 3rd DCA 2004

    Reversed This opinion cites Rule 8.255 1 time: (f)

    · cited by 1 in all courts

    Termination reversed because denying continuances once the incarcerated mother was located, and allowing only brief counsel contact, denied her a meaningful opportunity to respond.

    …289 (Fla. 1st DCA 1989). It is- quite common, however, to grant a continuance before or during a hearing for good cause shown by any party. See e.g. Fla. R. Juv. P. 8.255(f). The trial court had a number of options at its disposal to ensure that D.F.’s due process rights w;ere not violated. The trial court could have allowed…

16. N.W. v. Department of Children & Families 865 So. 2d 625 · 4D03-1351 · 4th DCA 2004

    Affirmed This opinion cites Rule 8.255 1 time: (d)(2)(C)

    · cited by 3 in all courts

    Termination affirmed; judicial notice of prior court orders was proper, and the lack of findings on denying a child's testimony was abandoned.

    …court erred in failing to make specific findings as to why it denied the mother’s motion to allow A.S. to testify at the final hearing, see Florida Rule of Juvenile Procedure 8.255(d)(2)(C)(stating that the court shall make specific findings of fact, on the record, as to the basis for its ruling whether to allow a child witness to testify), this…

17. S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003

    Affirmed This opinion cites Rule 8.255 1 time: (d)

    · cited by 32 in all courts

    Supreme Court held a parent in a dependency case without termination or criminal charges has no right to collaterally challenge appointed counsel's effectiveness.

    …provide for the active participation of the judge, no jury, and the appointment of a guardian ad litem on direct behalf of the child. See, e.g., Fla. R. Juv. P. 8.255(d) (permitting the court to call a child to testify at a dependency hearing); Fla. R. Juv. P. 8.330(a) (providing that an adjudicatory hearing in dependency…

18. Adoption Centre, Inc. v. Marshall 627 So. 2d 589 · DCA93-1199 · District Court of Appeal 1993

    This opinion cites Rule 8.255 1 time: (e)

    …petition for dependency and petition for termination of parental rights. See In re Interest of T.J., 466 So.2d 17, 17-18 (Fla. 5th DCA 1985); Fla. R.Juv.P. 8.255(e); § 39.465, Fla.Stat. (1991). The order is reversed and this matter is remanded with instructions to schedule a hearing with adequate notice to each party so…

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

    Rule amendment This opinion cites Rule 8.255 13 times: (i), and the section generally

    · cited by 1 in all courts

    …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 Committee has proposed new…

20. In re Amendments to Florida Rule of Juvenile Procedure 8.255 3 So. 3d 1239 · SC08-1236 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.255 12 times: (b), and the section generally

    · cited by 1 in all courts

    …§ 2(a), Fla. Const. The Steering Committee on Families and Children in the Court (Steering Committee) has filed a petition seeking to amend Florida Rule of Juvenile Procedure 8.255, General Provisions for Hearing. The petition was filed in conjunction with the Steering Committee's Report containing administrative recommendations in…

21. In re Amendments to Florida Rule of Juvenile Procedure 8.255 88 So. 3d 142 · SC10-2010 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.255 10 times: (b), and the section generally

    PER CURIAM. This matter is before the Court for consideration of proposed amendments to Florida Rule of Juvenile Procedure 8.255. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). On October 21, 2010, the Florida Bar’s Juvenile Rules Committee…

22. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.255 6 times: (e), and the section generally

    …for comment after they were filed. The Civil Procedure Rules Committee (CivPR Committee) filed a comment with the Court raising concerns about proposed new rule 8.255(e) (Taking Testimony), which addresses the use of communication equipment, suggesting that the JCR Committee should coordinate its proposal with amendments to…

23. 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 8.255 5 times: (a), (c), and the section generally

    · cited by 1 in all courts

    …references to the Department of Health and Rehabilitative Services (“HRS”), which was abolished several years ago. See, for example, the amended versions of rules 8.255(a) and 8.305(d). Similarly, the Committee proposes striking outdated language regarding treatment plans, disposition hearings, and the representation of HRS by…

24. In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023

    Rule amendment This opinion cites Rule 8.255 4 times, the section generally

    … -2- well as the factors a court must consider in determining good cause to excuse providing a primary e-mail address. Relatedly, rules 8.224, 8.225, and 8.255 are amended to reflect that a party may consent to service by e-mail if the primary e-mail address is provided to the clerk, and rule 8.224 is amended to…

25. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.255 4 times: (i), and the section generally

    · cited by 1 in all courts

    …to Florida Rules of Juvenile Procedure, 827 So.2d 219, 220 (Fla.2002) (“Amendments ”). In Amendments, the Rules Committee proposed an amendment to rule 8.255, General Provisions for Hearings, that would prohibit general and special masters from conducting specific dependency hearings — namely, shelter hearings,…

26. 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 8.255 2 times, the section generally

    …8.255 (General Provisions for Hearings) provide for the remote and hybrid conduct of certain delinquency and dependency hearings. Under amended rules 8.100 and 8.255, -4- evidentiary proceedings must be conducted in person unless the parties agree, or the court orders for good cause…

27. In re Amendments to the Florida Family Law Rules of Procedure—2017 Regular-Cycle Report 227 So. 3d 115 · SC17-91 · Florida Supreme Court 2017

    Rule amendment This opinion cites Rule 8.255 1 time, the section generally

    · cited by 2 in all courts

    …consequences of (1) prohibiting children from entering a courthouse building, and (2) directly conflicting with certain provisions of Florida Rule of Juvenile Procedure 8.255, especially in the context of Unified Family Court proceedings, we decline to adopt them. Additionally, we refer these issues back to the Family Law Rules…

28. In re Amendments to the Florida Rules of Juvenile Procedure 123 So. 3d 1128 · SC13-1354 · Florida Supreme Court 2013

    Rule amendment This opinion cites Rule 8.255 1 time, the section generally

    · cited by 1 in all courts

    …or commitment order error. (A) This motion stays rendition under Florida Rule of Appellate Procedure 9.020(hXi). (B) [No Change] (2) [No Change] RULE 8.255. GENERAL PROVISIONS FOR HEARINGS (a)-(h) [No Change] (i) Advising Parents. At any hearing when it has been determined that reunification is not a viable…

29. In re Amendments to the Florida Rules of Juvenile Procedure 5 So. 3d 665 · SC08-1612-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.255 1 time: (c)

    …the proposed amendment to use the term "relative caregiver,” rather than "relative caretaker.” Similarly, on our own motion, we amend the third sentence of rule 8.255(c) to replace the term "relative caretaker” with the term "relative caregiver.”

30. Amendments to the Rules of Juvenile Procedure (8.330 & 8.525) 789 So. 2d 951 · SC00-1469 · Florida Supreme Court 2000

    Rule amendment Other This opinion cites Rule 8.255 1 time, the section generally

    Supreme Court adopts juvenile rule amendments letting parties, such as out-of-state incarcerated parents, appear at dependency and termination adjudicatory hearings by audio or audiovisual device.

    …of parental rights. (e) Examination of Child. The court may hear the testimony of the child outside the physical presence of the parties as provided by rule 8.255. Counsel for the parties shall be present during all examinations. The court may limit the manner in which counsel examine the child. (f) Previous Testimony…

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

    Rule amendment This opinion cites Rule 8.255 1 time, the section generally

    · cited by 8 in all courts

    …by law. Committee Notes 1991 Amendment. This rule allows any party to request an evaluation but provides a mechanism for a hearing to quash the request. RULE 8.255. GENERAL PROVISIONS FOR HEARINGS (a) Presence of Counsel. The department must be represented by an attorney at every stage of these proceedings. (b)…

32. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.255 1 time, the section generally

    · cited by 1 in all courts

    …or as provided by law. (de) Examination of Child. The court may hear the testimony of the child outside the physical presence of the parties as provided by rule 8.255. Counsel for the parties shall be present during all examinations. The court may limit the manner in which counsel examine the child. (f) Previous Testimony…

33. 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 8.255 1 time, the section generally

    · cited by 8 in all courts

    …to move for dismissal based on the grounds that there are no material facts in dispute and that these facts are not legally sufficient to prove dependency. RULE 8.255. GENERAL PROVISIONS FOR HEARINGS (a) Presence of Counsel. The Department of Health and Rehabilitative Services must be represented by an attorney at every…

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