Dependency Law Finder

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

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Shelter petition, hearing, and orderRule 8.305

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.)

48 opinions cite Rule 8.305

  1. In re J.P. 875 So. 2d 715 · 2D03-5878 · 2nd DCA 2004

    Reversed This opinion cites Rule 8.305 7 times: (b)(2), (b)(3), (b)(4), (b)(5), and the section generally

    · cited by 6 in all courts

    Shelter order reversed because the court refused to let the parents be heard or present evidence, relying only on the sheriff's affidavit.

    …shall be given written notice that ... [t]hey will be given an opportunity to be heard and to present evidence at the shelter hearing." Florida Rule of Juvenile Procedure 8.305(b)(4) provides: "At the [shelter] hearing all interested persons present shall have an opportunity to be heard and present evidence on the criteria for placement as…

  2. L.M.B. v. Department of Children & Families 28 So. 3d 217 · 4D09-3088 · 4th DCA 2010

    Certiorari / writ denied This opinion cites Rule 8.305 6 times: (b), (b)(3), (b)(4), (b)(5), and the section generally

    · cited by 4 in all courts

    Petition denied as moot because the mother later consented to dependency, though the court held parents may present evidence at shelter hearings.

    …suggested that the right to present evidence regarding the existence of “probable cause” is not clear because of an alleged conflict within Florida Rule of Juvenile Procedure 8.305(b). Subdivision (b)(3) of this rule provides: “The issue of probable cause shall be determined in a nonadversarial manner, applying the standard of proof…

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

    Certiorari / writ granted This opinion cites Rule 8.305 5 times: (b)(3), (b)(4), (b)(6)(D), 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.

    …the shelter hearing, the court shall ... [g]ive the parents or legal custodians an opportunity to be heard and to present evidence.") (emphasis added); Fla. R. Juv. P. 8.305(b)(4) (2011) ("At the hearing, all interested persons present shall have an opportunity to be heard and present evidence on the criteria for placement provided by…

  4. J.B. v. Department of Children & Families 936 So. 2d 665 · 5D06-631 · 5th DCA 2006

    Reversed & remanded This opinion cites Rule 8.305 4 times: (b)(3), (b)(4)

    · cited by 1 in all courts

    Shelter order reversed and remanded, following a companion case, because parents are entitled to present evidence on probable cause at the shelter hearing.

    …hearing, the court shall... 3. Give the parents or legal custodians an opportunity to be heard and to present evidence."). In contrast, the Florida Rule of Juvenile Procedure 8.305(b)(3) provides that: "The issue of probable cause shall be determined in a nonadversary manner, applying the standard of proof necessary for an arrest warrant."…

  5. Washington v. State 642 So. 2d 61 · 3D94-5 · 3rd DCA 1994

    This opinion cites Rule 8.305 3 times: (b), (b)(1)

    · cited by 5 in all courts

    …the child to perform oral sex. Defendant was initially processed as a juvenile and taken before a juvenile court judge for a detention hearing pursuant to Rule 8.305(b) of the Florida Rules of Juvenile Procedure. Defendant's parents and counsel were not present at the hearing. On April 18, 1989, the state *63 charged…

  6. Washington v. State 642 So. 2d 61 · DCA94-5 · District Court of Appeal 1994

    This opinion cites Rule 8.305 3 times: (b), (b)(1)

    · cited by 1 in all courts

    …the child to perform oral sex. Defendant was initially processed as a juvenile and taken before a juvenile court judge for a detention hearing pursuant to Rule 8.305(b) of the Florida Rules of Juvenile Procedure. Defendant’s parents and counsel were not present at the hearing. On April 18, 1989, the state *63 charged…

  7. Department of Children & Families v. D.H.C. 5D23-0896 · 5th DCA 2023

    Reversed & remanded This opinion cites Rule 8.305 2 times: (b)(3), (b)(5)

    Denial of shelter reversed because a newborn born during open sibling dependency cases, with return conditions unmet, is in imminent danger by statute.

    …(2022). “The issue of probable cause shall be determined in a nonadversarial manner, applying the standard of proof necessary for an arrest warrant.”3 Fla. R. Juv. P. 8.305(b)(3); see also H.M.R., 161 So. 3d at 478. Importantly, “abuse” is defined in Chapter 39, Florida Statutes. “Abuse” means any willful act or…

  8. Department of Children & Families v. S.M. 2D19-0459 · 2nd DCA 2019

    Reversed This opinion cites Rule 8.305 2 times: (b)(3), (b)(5)

    Denial of shelter was reversed as a final appealable order; the judge wrongly required sexual motive, and probable cause of sexual abuse existed.

    …determining whether there is probable cause to shelter a child." N.H. v. Dep't of Children & Families, 192 So. 3d 592, 594–95 (Fla. 2d DCA 2016) (citing Fla. R. Juv. P. 8.305(b)(3)). "Probable cause is 'a reasonable ground for suspicion, or knowledge of facts and circumstances which would warrant an individual of reasonable caution in…

  9. Department of Children & Families v. H.M.R. 161 So. 3d 477 · 5D14-963 · 5th DCA 2014

    Reversed & remanded This opinion cites Rule 8.305 2 times: (b)(3), (b)(5)

    · cited by 3 in all courts

    Denial of shelter for a newborn reversed; the mother's manslaughter conviction for a sibling's death established probable cause under the correct standard.

    …(2014). “The issue of probable cause shall be determined in a nonadversarial manner, applying the standard of proof necessary for an arrest warrant.” Fla. R. Juv. P. 8.305(b)(3). The Florida Supreme Court has defined “probable cause” in the context of an arrest warrant as “a reasonable ground of suspicion supported by circumstances…

  10. A.M.T. v. Department of Children & Families 890 So. 2d 551 · 5D04-2931 · 5th DCA 2005

    Reversed This opinion cites Rule 8.305 2 times: (b)(4)

    · cited by 1 in all courts

    Shelter order reversed because the court did not allow the mother to present evidence at the shelter hearing as rule 8.305(b)(4) permits.

    …A.M.T., mother of G.T., a child, seeks certiorari review of a circuit court order sheltering the child. Although the mother cited case law and Florida Rule of Juvenile Procedure 8.305(b)(4), [1] which allows an interested party to present evidence at a shelter hearing, the trial court did not allow testimony. We treat the petition for writ of…

  11. Grigley v. Department of Health & Rehabilitative Services 625 So. 2d 132 · DCA93-2680 · District Court of Appeal 1993

    This opinion cites Rule 8.305 2 times: (b), (b)(3)

    …husband, and requested to have her client testify. Without anything more than the above, the judge signed the order for temporary shelter. Florida Rule of Juvenile Procedure 8.305(b) allows an informal hearing to determine the existence of probable cause to believe the child is dependent. That section requires applying the standard of…

  12. Guardian ad Litem Program v. L.W. 5D2024-3420 · 5th DCA 2025

    Reversed This opinion cites Rule 8.305 1 time: (b)(3)

    Order denying shelter reversed with directions to grant it; a child born during the mother's open dependency case without substantial compliance establishes probable cause.

    … successful reunification or met the conditions for return of the children into the home. § 39.01(2), Fla. Stat. (2024). Florida Rule of Juvenile Procedure 8.305(b)(3) provides that “[t]he issue of probable cause must be determined in a nonadversarial manner, applying the standard of proof necessary for an arrest warrant.”…

  13. R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (5)

    Certiorari granted quashing a case plan goal change to adoption because inadmissible hearsay is not competent evidence to amend a case plan under rule 8.420.

    …case plans because hearsay in the form of reports is expressly allowed in three types of hearings, none of which are hearings to change case plans. See Fla. R. Juv. P. 8.305(5) (hearing to determine probable cause at a shelter hearing); Fla. R. Juv. P. 8.415(5) (hearing to conduct a judicial review of progress and compliance with…

  14. C.J. v. Department of Children & Families 248 So. 3d 1184 · 4D18-0836 · 4th DCA 2018

    Affirmed This opinion cites Rule 8.305 1 time: (c)(8)

    · cited by 1 in all courts

    Default dependency adjudication affirmed; the mother's appearance at the shelter hearing obviated service of the petition, and she was warned about missing arraignment.

    …that hearing is part of the overall dependency process, even if they are distinct parts of the proceedings involving the child in question. 2 Florida Rule of Juvenile Procedure 8.305(c)(8) requires that a shelter order contain written findings that “the court notified the parents or legal custodians of the time, date, and location of the next…

  15. J.R-P. v. Department of Children & Families 228 So. 3d 628 · 2DCASE2D16-5598 · 2nd DCA 2017

    Affirmed This opinion cites Rule 8.305 1 time: (b)(2)

    · cited by 2 in all courts

    Order disestablishing the legal father's paternity affirmed; the biological father had standing to challenge paternity in the dependency case, with the child's best interest controlling.

    …was established by law through the shelter order. We do not view the shelter hearing as an adjudicatory hearing to establish J.R-P.'s paternity. Cf. Fla. R. Juv. P. 8.305(b)(2) ("The court shall determine at the [shelter] hearing the existence of probable cause to believe the child is dependent and whether the other criteria…

  16. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

    Affirmed This opinion cites Rule 8.305 1 time, the section generally

    · cited by 37 in all courts

    Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

    …of Parental Rights Proceedings also specify in detail the procedures for effectuating the legislative scheme beginning with the Shelter Petition (Rule 8.305), the Dependency Petition (Rule 8.310), the Case Plan (Rules 8.400, 8.401 and 8.410), and finally the Termination of Parental Rights Petition (Rule…

  17. N.H. v. Department of Children & Families 192 So. 3d 592 · 2D15-5322 · 2nd DCA 2016

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (b)(3)

    · cited by 2 in all courts

    Parents' certiorari petition denied; guardian ad litem's petition granted because siblings of an infant with unexplained fractured ribs should also have been sheltered.

    …The trial court must apply the same standard used for an arrest warrant when determining whether there is probable cause to shelter a child. Fla. R. Juv. P. 8.305(b)(3). Although Florida courts recognize the importance of a parent's right to enjoy custody of his or her children, our courts have authority to do all…

  18. G.W. v. Department of Children & Families 92 So. 3d 307 · 3D12-1233 · 3rd DCA 2012

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (b)(6)(A)

    · cited by 1 in all courts

    Shelter order quashed because the court did not advise the father of his right to counsel or appoint counsel before proceeding with the shelter hearing.

    …in writing with respect to the appointment or waiver of counsel for indigent parents or the waiver of counsel by nonindigent parents. See also Fla. R. Juv. Pro. 8.305(b)(6)(A) (providing the trial court must advise the parent of the right to counsel); accord In re A.G., 40 So.3d 908, 909 (Fla. 3d DCA 2010); S.K. v. Dep’t of…

  19. Department of Children & Families v. P.F. 107 So. 3d 1123 · 5D12-4296 · 5th DCA 2012

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (b)(3)

    Certiorari granted: the court re-decided probable cause instead of applying the Keeping Children Safe Act presumption against a grandfather accused of sexual abuse.

    …hearing, “the issue of probable cause shall be determined in a nonadversarial manner, applying the standard of proof necessary for an arrest warrant.” Fla. R. Juv. P. 8.305(b)(3). “In making a probable cause finding to support an arrest warrant, a judge considers a sworn affidavit prepared by a law enforcement officer.” Perry v.…

  20. K.G. v. Department of Children & Families 66 So. 3d 366 · 1D11-2303 · 1st DCA 2011

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (b)(4)

    · cited by 10 in all courts

    Certiorari granted and the shelter order quashed because the court announced its decision and refused to let the mother be heard at the shelter hearing.

    …trial courts at shelter hearings to provide the parties with an opportunity to be heard and present evidence. This principle is also found in Florida Rule of Juvenile Procedure 8.305(b)(4) (2010), which states all interested persons at shelter hearings “shall have an opportunity to be heard and present evidence on the criteria for placement…

  21. A.G. v. Department of Children & Families 65 So. 3d 1180 · 1D11-2298 · 1st DCA 2011

    Certiorari / writ granted This opinion cites Rule 8.305 1 time: (b)(6)(A)

    · cited by 6 in all courts

    Certiorari granted and the shelter order quashed because the court never advised the father of his right to counsel or obtained a waiver before proceeding.

    …otherwise provided by law, and that the trial court inform parents of their right to counsel “at each stage of the dependency process” • Florida Rule of Juvenile Procedure 8.305(b)(6)(A) (2010) — requiring that a trial court advise each parent present at shelter hearing of his/her right to counsel • Section 39.013(9)(a), Florida Statutes…

  22. In re C.D. 867 So. 2d 405 · 2D03-2638 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.305 1 time: (b)(6)

    · cited by 1 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …a lawful decision as soon as possible following issuance of our mandate. Reversed and remanded. WHATLEY and CANADY, JJ., Concur. NOTES [1] See Fla. R. Juv. P. 8.305(b)(6). [2] See Fla. R. Juv. P. 8.320. [3] See Fla. R. Juv. P. 8.510(2).

  23. T.E.D. v. Department of Children & Family Services 867 So. 2d 405 · 2D03-2638-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.305 1 time: (b)(6)

    · cited by 3 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …and make a lawful decision as soon as possible following issuance of our mandate. Reversed and remanded. WHATLEY and CANADY, JJ., Concur. . See Fla. R. Juv. P. 8.305(b)(6). . See Fla. R. Juv. P. 8.320. .See Fla. R. Juv. P. 8.510(2).

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

    Other This opinion cites Rule 8.305 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.

    …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 type of…

  25. 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 8.305 12 times: (a), (a)(2), (a)(3), (a)(6), (b)(1), (b)(4), (b)(6)(D), (b)(7), (d), and the section generally

    · cited by 1 in all courts

    …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), (a)(6), (b)(1), (b)(4), (b)(6)(D), (b)(7)-(9), (c)(3), and (c)(6)-(7); rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2);…

  26. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-4 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.305 5 times: (a), (a)(1), (b)(7)(B), and the section generally

    …As is relevant here, the Court adopted new rule 8.231 (Providing Counsel to Dependent Children with Special Needs), as well as amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in…

  27. In re Amendments to the Florida Rules of Juvenile Procedure SC15-150 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.305 5 times: (a), (a)(1), (b)(7)(B), and the section generally

    …As is relevant here, the Court adopted new rule 8.231 (Providing Counsel to Dependent Children with Special Needs), as well as amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in…

  28. In re Amendments to the Florida Rules of Juvenile Procedure 191 So. 3d 257 · SC15-150-2 · Florida Supreme Court 2016

    Rule amendment This opinion cites Rule 8.305 4 times: (a), (a)(1), (b)(7)(B), and the section generally

    …As is relevant here, the Court adopted new rule 8 .231 (Providing Counsel to Dependent Children with Special Needs), as well as amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.355 (Administration of Psychotropic Medication to a Child in Shelter Care or in Foster…

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

    Rule amendment This opinion cites Rule 8.305 4 times, the section generally

    · cited by 1 in all courts

    …This amendment conforms the rule to Florida Rule of Juvenile Procedure 8.225(a)(2) and Florida Rule of Civil Procedure 1.410(a). Subdivision (b)(9) of rule 8.305, Shelter Petition, Hearing, and Order, is amended to clarify that if a shelter hearing is conducted by a judge other than one assigned to hear dependency…

  30. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.305 3 times, the section generally

    …legislation. See Fla. R. Jud. Admin. 2.140(e)(1). We have jurisdiction1 and adopt the amendments as proposed. The Committee proposes amendments to rules 8.305 (Shelter Petition, Hearing, and Order), 8.340 (Disposition Hearings), 8.400 (Case Plan Development), 8.415 (Judicial Review of Dependency Cases), 8.420…

  31. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-3 · Florida Supreme Court 2015

    Rule amendment This opinion cites Rule 8.305 3 times, the section generally

    …See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction1 and adopt the amendments as proposed. The Committee proposes amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.350 (Placement of Child into Residential Treatment Center After Adjudication of…

  32. In re Amendments to the Florida Rules of Juvenile Procedure 158 So. 3d 523 · SC15-150-5 · Florida Supreme Court 2015

    Rule amendment This opinion cites Rule 8.305 3 times, the section generally

    · cited by 4 in all courts

    …See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction1 and adopt the amendments as proposed. The Committee proposes amendments to existing rules 8.305 (Shelter Petition, Hearing, and Order); 8.310 (Dependency Petitions); 8.350 (Placement of Child into Residential Treatment Center After Adjudication of…

  33. In re Amendments to the Florida Rules of Juvenile Procedure 22 So. 3d 9 · SC09-1266 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.305 3 times, the section generally

    …new forms 8.958 (Order Appointing Surrogate Parent) and 8.961(a) (Order Authorizing Access to Child’s Medical and Educational Records); and amendments to rule 8.305 (Shelter Hearing, Petition, and Order) and existing form 8.961 (Shelter Order). The proposals are in response to recent amendments to sections 39.0016 and…

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

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    …that such representation is unnecessary,” eliminating an exception for a court to appoint a guardian ad litem at the shelter hearing. We, likewise, amend rule 8.305 to delete the language permitting a court to not appoint a guardian ad litem if it “finds representation unnecessary.” Next, we amend rule 8.345 by…

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

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    …should be included, the Committee may file a new report proposing that the Court adopt them. -3- Lastly, rules 8.225, 8.305, 8.330, 8.347, 8.505, and 8.525 are amended to reflect that, if applicable, the summons or notice must include instructions for appearing by “communication…

  36. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    … -2- changes were made in response to the statutory changes. Each rule change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a…

  37. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    … -2- changes were made in response to the statutory changes. Each rule change discussed herein includes such a comment. Rule 8.305 (Shelter Petition, Hearing, and Order) is amended to conform with the newly enacted section 39.4021, Florida Statutes (2021), which articulates a…

  38. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    …Rules of Juvenile Procedure as proposed by the Committee. The more significant amendments are discussed below. Subdivision (b) (Shelter Hearing) of rule 8.305 (Shelter Petition, Hearing, and Order) is amended to add language requiring the court to advise parents in plain language what is expected of them to…

  39. In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    …recent legislation. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction1 and adopt the amendments as proposed. The Committee proposes amendments to rules 8.305 (Shelter Petition, Hearing, and Order), 8.325 (Answers and Pleadings), 8.335 (Alternatives Pending Disposition), 8.340 (Disposition Hearings), 8.345…

  40. In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    …to recent legislation. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction 1 and adopt the amendments as proposed. The Committee proposes amendments to rules 8.305- (Shelter Petition, Hearing, and Order), 8.325 (Answers and Pleadings), 8.335 (Alternatives Pending Disposition), 8.340 (Disposition Hearings), 8.345…

  41. In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    · cited by 4 in all courts

    …8.240 (Computation, Continuance, Extension, and Enlargement of Time); rule 8.250 (Examinations, Evaluations, and Treatment); rule 8.257 (General Magistrates); rule 8.305 (Shelter Petition, Hearing, and Order); rule 8.330 (Adjudicatory Hearings); rule 8.400 (Case Plans); rule 8.410 (Approval of Case Plans); rule 8.415 (Judicial…

  42. Amendments to the Rules of Juvenile Procedure 796 So. 2d 468 · SC00-1699 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites Rule 8.305 2 times, the section generally

    Supreme Court adopted new juvenile rule on attorneys ad litem and amended the shelter, case plan and TPR service rules to account for them.

    …submitted to this Court proposed amendments to the Rules of Juvenile Procedure, recommending an entirely new rule 8.217 and recommending changes to existing rules 8.305, 8.400, and 8.505. 1 This Court published the proposed amendments for comment in the October 1, 2000, edition of The Florida Bar News, but no comments were…

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

    Rule amendment This opinion cites Rule 8.305 2 times, the section generally

    · cited by 8 in all courts

    … 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 included.…

  44. 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 8.305 1 time, the section generally

    … (p)-(q) [No Change] Committee Notes [No Change] - 26 - RULE 8.305. SHELTER PETITION, HEARING, AND ORDER (a) [No Change] (b) Shelter Hearing. (1)-(5) [No Change] (6) The court shall…

  45. 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 8.305 1 time, the section generally

    … (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 MAGISTRATES …

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

    Rule amendment This opinion cites Rule 8.305 1 time, the section generally

    …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, by a…

  47. 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 8.305 1 time, the section generally

    · cited by 12 in all courts

    …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 8.430. [No…

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

    Rule amendment This opinion cites Rule 8.305 1 time, the section generally

    · cited by 1 in all courts

    …pending further proceedings. (23) The court on its own initiative may vacate or modify any order within the time limitation provided in subdivision (b). RULE 8.305. DETENTIQNSHELTER PETITION, HEARING, AND ORDER (a) DetentionShelter Petition. If a child is to be placed in a shelter after being taken into custody for a…

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(a) Shelter Petition. If a child has been or is to be removed from the home and maintained in an out-of-home placement for more than 24 hours, the person requesting placement must file a written petition that must:

(1) 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 and indicate whether the child has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes;

(2) specify the name and address, if known, of the child’s parents or legal custodian and how each was notified of the shelter hearing;

(3) if the child has been removed from the home, state the date and time of the removal;

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

(5) state the reasons the child needs to be placed in a shelter;

(6) list the reasonable efforts, if any, that were made by the department to prevent or eliminate the need for the removal or continued removal of the child from the home or, if no such efforts were made, a description of the emergency that prevented these efforts;

(7) recommend where the child is to be placed or the agency to be responsible for placement;

(8) if the children are currently not placed together, specify the reasonable efforts of the department to keep the siblings together after the removal from the home, why a foster home is not available to place the siblings, or why it is not in the best interest of the child that all the siblings be placed together in out-of-home care;

(9) specify ongoing visitation or interaction between the siblings or if sibling visitation or interaction is not recommended, specify why visitation or interaction would be contrary to the safety or well-being of the child; and

(10) be signed by the petitioner and, if represented by counsel, by the petitioner’s attorney.

(b) Shelter Hearing.

(1) The parents or legal custodians of the child must be given actual notice of the date, time, and location of the shelter hearing. If the hearing will be held through communication technology, the notice must include instructions for appearing at the hearing through communication technology. If the parents are outside the jurisdiction of the court, are not known, cannot be located, or refuse or evade service, they must be given such notice as best ensures their actual knowledge of the date, time, and location of the shelter hearing. If the parents or legal custodians are not present at the hearing, the person providing, or attempting to provide, notice to the parents or legal custodians must advise the court in person or by sworn affidavit of the attempts made to provide notice and the results of those attempts.

(2) The court must conduct an informal hearing on the petition within the time limits provided by law. The court must determine at the hearing the existence of probable cause to believe the child is dependent and whether the other criteria provided by law for placement in a shelter have been met. The shelter hearing may be continued for up to 72 hours with the child remaining in shelter care if either:

(A) the parents or legal custodians appear for the shelter hearing without legal counsel and request a continuance to consult with legal counsel; or

(B) the court determines that additional time is necessary to obtain and review documents pertaining to the family to appropriately determine the risk to the child.

(3) The issue of probable cause must be determined in a nonadversarial manner, applying the standard of proof necessary for an arrest warrant.

(4) At the hearing, all interested persons present must have an opportunity to be heard and present evidence on the criteria for placement provided by law.

(5) The court may base its determination on a sworn complaint, testimony, or an affidavit and may hear all relevant and material evidence, including oral and written reports, to the extent of its probative value even though it would not be competent at an adjudicatory hearing.

(6) The court must advise the parent or legal custodian of:

(A) the right to be represented by counsel as provided by law;

(B) the reason the child is in custody and why continued placement is requested;

(C) the right to present placement alternatives; and

(D) the importance of the parents’ or legal custodians’ active participation in subsequent proceedings and hearings as well as the time, date, and location of the next hearing or the communication technology information or conference line phone number to enable them to attend the next hearing remotely.

(7) The court must appoint:

(A) a guardian ad litem to represent the child;

(B) an attorney to represent the child if the court finds the appointment necessary or required by law; and

(C) an attorney for indigent parents unless waived by the parent.

(8) The court must determine visitation rights absent a clear and convincing showing that visitation is not in the best interest of the child.

(9) If the identity of a parent is unknown, the court must conduct the inquiry required by law.

(10) The court must inquire of the parents whether the parents have relatives, fictive kin, or nonrelatives who might be considered for placement of the child. The parents must provide to the court and all parties identification and location information regarding the relatives, fictive kin, or nonrelatives. The court must advise the parents that the parents have a continuing duty to inform the department of any relatives, fictive kin, or nonrelatives who should be considered for placement of the child.

(11) The court must advise the parents in plain language what is expected of them to achieve reunification with their child, including that:

(A) parents must take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child;

(B) parents must stay in contact with their attorney and their case manager and provide updated contact information if the parents’ phone number, address, or e-mail address changes;

(C) parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers; and

(D) if the parents fail to substantially comply with the case plan their parental rights may be terminated and the child’s out-of-home placement may become permanent. (12) The court must request that the parents consent to provide access to the child’s medical records and to the child’s child care records, early education program records, or other educational records and provide information to the court, the department, or its contract agencies, and any guardian ad litem or attorney for the child. If a parent is unavailable, is unable to consent, or withholds consent and the court determines access to the records and information is necessary to provide services for the child, the court must issue an order granting access. (13) The court may order the parents to provide all known medical information to the department and to any others granted access. (14) If the child has or is suspected of having a disability and the parent is unavailable under law, the court must appoint a surrogate parent or refer the child to the district school superintendent for appointment of a surrogate parent. (15) If the shelter hearing is conducted by a judge other than a judge assigned to hear dependency cases, a judge assigned to hear dependency cases must hold a shelter review on the status of the child within 2 working days after the shelter hearing.

(c) Shelter Order. An order granting shelter care must identify the parties present at the hearing and contain written findings that:

(1) placement in shelter care is necessary based on the criteria provided by law;

(2) placement in shelter care is in the best interest of the child;

(3) the department made reasonable efforts to place the child in the order of priority provided in Chapter 39, Florida Statutes, or why such priority placement is not a placement option or in the best interest of the child based on the criteria established by law;

(4) the department made reasonable efforts to keep the siblings together after the removal from the home and specifies if the children are currently not placed together, why a foster home is not available or why it is not in the best interest of the child that all the siblings be placed together in out-of-home care;

(5) specifies on-going visitation or interaction between the siblings or if sibling visitation or interaction is not ordered, specifies why visitation or interaction would be contrary to the safety or well-being of the child and, if services are available that would reasonably be expected to ameliorate the risk to the child’s safety or well-being and may result in the communication and visitation being restored, directs the department to immediately provide such services;

(6) continuation of the child in the home is contrary to the welfare of the child because the home situation presents a substantial and immediate danger to the child’s physical, mental, or emotional health or safety that cannot be mitigated by the provision of preventive services;

(7) there is probable cause to believe the child is dependent;

(8) the department has made reasonable efforts to prevent or eliminate the need for removal of the child from the home, including a description of which specific services, if available, could prevent or eliminate the need for removal or continued removal from the home, the date by which the services are expected to become available, and, if services are not available to prevent or eliminate the need for removal or continued removal of the child from the home, an explanation of why the services are not available for the child;

(9) the court notified the parents, relatives who are providing out-of-home care for the child, or legal custodians of the time, date, and location of the next dependency hearing, and of the importance of their active participation in all subsequent proceedings and hearing;

(10) the court notified the parents or legal custodians of their right to counsel as provided by law;

(11) the court notified relatives who are providing out-of- home care for a child, as a result of the shelter petition being granted, that they have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child, if they so desire; and

(12) the department has placement and care responsibility for any child who is not placed in the care of a parent at the conclusion of the shelter hearing.

(d) Release from Shelter Care. No child shall be released from shelter care after a shelter order has been entered except on order of the court unless the shelter order authorized release by the department.

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.

Committee notes (1)

2022 Amendment. Multiple sections of this rule were amended in response to ch. 2021-169, Laws of Florida.