Dependency Law Finder

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

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Taking into custodyRule 8.300

Part III · Dependency and Termination of Parental Rights Proceedings — B. Taking Children into Custody and Shelter Hearings · Rules of Juvenile Procedure (October 1, 2026 ed.)

Related statutes: § 39.401 Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department. · § 39.402

8 opinions cite Rule 8.300

  1. S.M. v. R.M. 82 So. 3d 163 · 4D11-3632 · 4th DCA 2012

    Certiorari / writ granted This opinion cites Rule 8.300 2 times: (c), and the section generally

    · cited by 1 in all courts

    Certiorari granted because the family court judge entered a sua sponte shelter order giving custody to the father without letting the mother be heard.

    …orders to take into custody and place children believed to be dependent and in need of protection into a shelter (with a parent). Consistent with the statute, Rule 8.300, Florida Rules of Juvenile Procedure, deals with taking a dependent child into custody. Subdivision (a) of the rule addresses taking a child into custody…

  2. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

    Other This opinion cites Rule 8.300 1 time, the section generally

    · cited by 53 in all courts

    Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

    …into custody, shelter petitions and hearings, adjudicatory hearings, disposition hearings, the initial approval of case plans and judicial reviews. See Fla. R. Juv. P. 8.300, 8.305, 8.330, 8.340, 8.410, 8.415. Even rule 8.410(c), which governs amendments to case plans, does not specify what type of hearing should be held and what…

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

    Rule amendment This opinion cites Rule 8.300 2 times, the section generally

    · cited by 1 in all courts

    …COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME (a) Computation. In computing any period of time prescribed or allowed by these rules, except rules 8.300 and 8.305, by order of court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not to be…

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

    Rule amendment This opinion cites Rule 8.300 2 times, the section generally

    · cited by 8 in all courts

    …dependency. RULE 8.240. COMPUTATION AND ENLARGEMENT OF TIME (a) Computation. In computing any period of time prescribed or allowed by these rules, except rules 8.300 and 8.305, by order of court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not to be…

  5. 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 8.300 1 time, the section generally

    …OF TIME (a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514, except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) shall not apply and the statutory time period shall govern. (b)-(d) [NO CHANGE] RULE 8.257. GENERAL…

  6. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.300 1 time, the section generally

    … Computation. Computation of time shall beis governed -8- by Florida Rule of Judicial Administration 2.514, except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) shalldoes not apply and the statutory time period shall governs. (b) Enlargement of Time. When by these rules,…

  7. 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 8.300 1 time, the section generally

    · cited by 12 in all courts

    …had not been filed. *479 Committee Notes [No Change] RULE 8.235.-RULE 8.292. [No Change] B. TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS RULE 8.300.-RULE 8.305. [No Change] C. PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION RULE 8.310.-RULE 8.355. [No Change] D.CASE PLANS RULE 8.400.-RULE…

  8. 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 8.300 1 time, the section generally

    · cited by 1 in all courts

    …or judge. Rule 8.240. COMPUTATION AND ENLARGEMENT OF TIME (a) Computation. In computing any period of time prescribed or allowed by these rules, except rules 8.300 and 8.305, by order of court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not to be…

0 admin code rules cite Rule 8.300

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

No admin code rule cites Rule 8.300.

0 CFOPs cite Rule 8.300

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites Rule 8.300.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Affidavit. An affidavit or verified petition may be filed alleging facts under existing law sufficient to establish grounds to take a child into custody. The affidavit or verified petition shall:

(1) be in writing and signed;

(2) specify the name, address, date of birth, and sex of the child, or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;

(3) specify that the child is of an age subject to the jurisdiction of the court; and

(4) state the reasons the child should be taken into custody.

(b) Criteria for Order. The court may issue an order to take a child into custody based on sworn testimony meeting the criteria in subdivision (a).

(c) Order. The order to take into custody shall:

(1) be in writing and signed;

(2) specify the name, address, and sex of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;

(3) specify that the child is of an age subject to the jurisdiction of the court;

(4) state the reasons the child should be taken into custody;

(5) order that the child be held in a suitable place pending transfer of physical custody to an authorized agent of the department; and

(6) state the date when issued, and the county and court where issued.

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.