Dependency Law Finder

1. In the Interest of: B.R.C.M., A Minor Child v. Department of Children & Families 215 So. 3d 1219 · SC16-179 · Florida Supreme Court 2017

   Reversed & remanded This opinion cites Rule 8.310 2 times: (a)(1)

   · cited by 3 in all courts

   Supreme Court held a private dependency petition by an immigrant child cannot be summarily denied for seeking immigration status; individualized findings are required.

   …R. Juv. P. 8.201(a)(2). 3. Each dependency petition shall “allege sufficient facts showing the child to be dependent based upon applicable law.” Fla. R. Juv. P. 8.310(a)(1). -6- When a petition for dependency alleges specific facts supporting a finding of dependency under any…

2. O.I.C.L. v. Department of Children & Families 205 So. 3d 575 · SC15-1570 · Florida Supreme Court 2016

   Dismissed This opinion cites Rule 8.310 2 times: (a)(1)

   · cited by 4 in all courts

   Supreme Court dismissed review of a denied dependency petition as moot because the immigrant youth turned 18 and cannot be adjudicated dependent.

   …grounds upon which a child may be adjudicated dependent. See § 39.01(15), Fla. Stat. See also In re Y.V., 160 So.3d at 578 . Florida Rule of Juvenile Procedure 8.310(a)(1) requires that a dependency petition “allege sufficient facts showing the child to be dependent based upon applicable law.” “[W]hen a Florida court is…

3. In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015

   Reversed & remanded This opinion cites Rule 8.310 2 times: (a)(1), and the section generally

   · cited by 7 in all courts

   Dismissal of a child's dependency petition reversed: abuse abroad can support dependency, an SIJ-status motive does not invalidate it, and no jurisdictional bar was shown.

   …the welfare of children within its jurisdiction. The form and contents of a petition for adjudication of dependency are prescribed in Florida Rule of Juvenile Procedure 8.310. See § 39.501(3)(b), Fla. Stat. (2013) (requiring the form and contents of the petition to be set out by rule). In addition to specific requirements…

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

   Affirmed This opinion cites Rule 8.310 1 time: (a)(1)

   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.

   …for termination of parental rights may be filed by any person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.310(a)(1) (“A dependency petition may be filed as provided by law.”); Fla. R. Juv. P. 8.500(a)(2) (“A petition for termination of parental rights may be filed at any…

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

   Affirmed This opinion cites Rule 8.310 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.

   …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 8.500). Judicial reviews are provided for by…

6. Department of Children & Families v. C.G. 945 So. 2d 656 · 5D06-835 · 5th DCA 2007

   Reversed & remanded This opinion cites Rule 8.310 1 time, the section generally

   Dismissal of the dependency petition with prejudice was reversed because DCF was not given the opportunity to amend its petition.

   …court erred in dismissing the Department’s dependency petition with prejudice without first giving the Department the opportunity to amend its petition. Fla. R. Juv. P. 8.310; Dep’t of Health & Rehabilitative Servs. v. S.H., 666 So.2d 1039, 1040 (Fla. 1st DCA 1996); In Interest of A.S., 586 So.2d 1072 (Fla. 1st DCA…

7. In the Interest of T.K.M. v. E.H. 844 So. 2d 669 · 3D02-2028 · 3rd DCA 2003

   Reversed This opinion cites Rule 8.310 1 time: (e)

   Retention of jurisdiction to enforce a visitation mediation agreement stricken because the grandparents' voluntary dismissal of their dependency petition ended jurisdiction.

   …himself. As a consequence we required the appointment of an attorney ad litem to represent the juvenile, T.K.M., Jr. The appellant points to Florida Rule of Juvenile Procedure 8.310(e) which in part provides: VOLUNTARY DISMISSAL. The petitioner without leave of court, at any time prior to entry of an order of adjudication, may request a…

8. Department of Health & Rehabilitative Services v. S.H. 666 So. 2d 1039 · DCA95-1094 · District Court of Appeal 1996

   This opinion cites Rule 8.310 1 time: (d)

   · cited by 1 in all courts

   …that HRS had failed to allege in its petition the specific acts of negligence and/or abandonment proved at trial. This was error, because Florida Rule of Juvenile Procedure 8.310(d) precludes dismissal of a petition “on account of any defect in the form of the petition.” On remand, the court shall address the merits of the petition and…

9. In re A.L.O. 637 So. 2d 15 · 5D93-1966 · 5th DCA 1994

   This opinion cites Rule 8.310 1 time, the section generally

   · cited by 1 in all courts

   …interests of the children. Appellee’s subsequent actions could have been considered evidence of “continuing abandonment and neglect” under Florida Rule of Juvenile Procedure 8.310. Under this rule, a dependency petition may be amended at any time prior to the conclusion of an adjudicatory hearing, and may be “freely permitted in the…

10. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.310 6 times, the section generally

    · cited by 7 in all courts

    …Substantive comments also were filed by the Department of Children and Families with regard to the proposed amendments to rules 8.225, 8.235, 8.257, 8.265, and 8.310. Oral argument was heard in this case on June 4, 2009. AMENDMENTS Upon consideration of the Committee's report, the comments and responses thereto, and…

11. 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 8.310 5 times: (a)(2), (a)(4), (a)(5), and the section generally

    · cited by 1 in all courts

    …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); rule 8.325(a)-(c); rule 8.340(a) and (c)(5)-(6); rule 8.345(b); rule 8.400(a), (a)(2), (a)(3)(B), and…

12. 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 8.310 3 times: (a), (a)(6), and the section generally

    …subdivision (a) to refer specifically to section 39.01305, Florida Statutes. We have similarly modified the Committee’s proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to section 39.01305. -3- Also in response to the comments and as proposed by the…

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

    Rule amendment This opinion cites Rule 8.310 3 times: (a), (a)(6), and the section generally

    …subdivision (a) to refer specifically to section 39.01305, Florida Statutes. We have similarly modified the Committee’s proposed amendments to rules 8.305(a), 8.310(a)(6), and 8.415(c)(4) to refer to section 39.01305. -3- Also in response to the comments and as proposed by the…

14. 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 8.310 3 times: (a), (a)(6), and the section generally

    …that the Shelter Petition indicate whether the child has a special need requiring appointment of counsel as defined in section 39.01305, Florida Statutes. Rule 8.310(a) (Dependency Petitions; Contents) is amended to add a new subdivision (a)(6), requiring the dependency petition to identify each child who has a special need…

15. 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 8.310 2 times: (a), and the section generally

    …visitation when siblings cannot be placed together. See ch. 2014-224, § 12, Laws of Fla. (amending §§ 39.402(8)(h), (9); Fla. Stat.). The amendment to rule 8.310(a) (Dependency Petitions; Contents) adds information concerning safety planning offered to the child’s parents or legal custodians to the list of things that…

16. 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 8.310 2 times: (a), and the section generally

    · cited by 4 in all courts

    …visitation when siblings cannot be placed together. See ch. 2014-224, § 12, Laws of Fla. (amending §§ 39.402(8)(h), (9); Fla. Stat.). The amendment to rule 8.310(a) (Dependency Petitions; Contents) adds information concerning safety planning offered to the child’s parents or legal custodians to the list of things that…

17. 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 8.310 1 time, the section generally

    · cited by 12 in all courts

    … 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 Change] E.TERMINATION OF PARENTAL RIGHTS RULE 8.500.-RULE 8.535. [No Change] PART…

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

    Rule amendment This opinion cites Rule 8.310 1 time, the section generally

    · cited by 8 in all courts

    …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. *181 RULE 8.310. DEPENDENCY PETITIONS (a) Contents. (1) A dependency petition may be filed as provided by law. Each petition shall be entitled a petition for dependency…

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