Arraignments and prehearing conferencesRule 8.315
Related statutes: § 39.506 Arraignment hearings. · § 39.507 · § 39.013 · § 39.503
22 opinions cite Rule 8.315
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In re B.B. 858 So. 2d 1184 · 2D03-66 · 2nd DCA 2003
· cited by 1 in all courts
Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.
…Juvenile Procedure, however, also required the trial court to schedule a disposition hearing within fifteen days. See § 39.506(3), Fla. Stat. (2002); Fla. R. Juv. P. 8.315(a). Form 8.965 provides the appropriate method for a trial judge to comply with rule 8.315. In this case, the trial court did not enter such an order and did not…
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S.B. v. Department of Children & Family Services 858 So. 2d 1184 · 2D03-66-2 · 2nd DCA 2003
· cited by 6 in all courts
Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.
…Juvenile Procedure, however, also required the trial court to schedule a disposition hearing within fifteen days. See § 39.506(3), Fla. Stat. (2002); Fla. R. Juv. P. 8.315(a). Form 8.965 provides the appropriate method for a trial judge to comply with rule 8.315. In this case, the trial court did not enter such an order and did not…
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In Interest of S.H. 642 So. 2d 809 · 2D93-03426 · 2nd DCA 1994
· cited by 9 in all courts
…incident involving physical injury and possible abuse to the youngest child. On August 6, the mother appeared for arraignment pursuant to Florida Rule of Juvenile Procedure 8.315. When advised of her right to counsel, she asked for an opportunity to consult an attorney. Accordingly, the hearing was rescheduled for August 13. At the…
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J.F. v. Department of Children & Families 6D2024-0105 · 6th DCA 2024
Finding that the father contributed to dependency reversed; 'risk of abuse' is the wrong standard and old corporal discipline did not show substantial imminent risk.
… B. A trial court may adjudicate a child dependent based on the conduct of one parent, see § 39.507(7)(a), Fla. Stat. (2023); Fla. R. Juv. P. 8.315(a), but must also determine whether, at the time the child was adjudicated dependent, the other parent had “abused, abandoned, or neglected the child or…
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E.T. v. Department of Children & Families 268 So. 3d 821 · 2D18-2537 · 2nd DCA 2019
· cited by 1 in all courts
Findings that the father abused, abandoned and neglected the children affirmed, but disposition and case plan reversed for lack of notice and a separate hearing.
…But as the Department and Guardian ad Litem Program point out, the court did in effect conduct an adjudicatory hearing as required, see § 39.507(7)(b); Fla. R. Juv. P. 8.315(a)(3); Fla. R. Juv. P. 8.347(f)(2), (g)(1), and therefore no procedural error occurred with respect to the court's determination that the Father contributed to the…
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Department of Children & Families v. Y.C. 82 So. 3d 1139 · 3D11-1899 · 3rd DCA 2012
· cited by 5 in all courts
Certiorari granted; the order forcing DCF to provide a case plan was invalid because it rested on a mother's default on her own dependency petition.
…continues to deny the allegations in the dependency petition, an adjudicatory hearing must be held. § 39.408, Fla.Stat. (Supp.1984). See Fla. R. Juv. P. 8.315 ("If an admission or consent is entered and no denial is entered by any other parent or legal custodian, the court shall schedule a disposition hearing to be…
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D.M.U. v. Department of Children & Families 917 So. 2d 984 · 3D04-2994 · 3rd DCA 2005
Mother's consent to dependency was knowing and voluntary, but the adjudication order was remanded for lacking written findings on the voluntariness of her consent.
…and ensuring that she understood the consequences of her consent. The Mother failed to demonstrate good cause for withdrawal of consent under Florida Rule of Juvenile Procedure 8.315(b) (2004), as the record conclusively disproves the Mother's allegations. See P.B. v. Dep't of Children & Family Servs., 709 So.2d 590, 591 (Fla. 4th DCA…
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D.M.U. v. Department of Children & Family Services 917 So. 2d 984 · 3D04-2994-2 · 3rd DCA 2005
· cited by 2 in all courts
Mother's consent to dependency was knowing and voluntary, but the adjudication order was remanded for lacking written findings on the voluntariness of her consent.
…and ensuring that she understood the consequences of her consent. The Mother failed to demonstrate good cause for withdrawal of consent under Florida Rule of Juvenile Procedure 8.315(b) (2004), as the record conclusively disproves the Mother’s allegations. See P.B. v. Dep’t of Children & Family Servs., 709 So.2d 590, 591 (Fla. 4th DCA…
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S.B. v. Department of Children & Families 825 So. 2d 1057 · 4D01-13 · 4th DCA 2002
· cited by 1 in all courts
Denial of the mother's late collateral attack affirmed; no right to competent counsel in dependency, and she consented by skipping arraignment (conflicts with First District).
…court adjudicated her children dependent. She did not attempt to withdraw consent before the disposition hearing, although she was authorized to do so under rule 8.315, Florida Rules of Juvenile Procedure. On February 25, 1998, her attorney filed a motion to vacate and set aside the finding of consent by default. In her…
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B.B. v. Department of Children & Families 731 So. 2d 30 · 4D98-3711 · 4th DCA 1999
· cited by 5 in all courts
…the request of the parent or legal custodian of a subject child. § 39.013(9), Fla. Stat. (Supp.1998); § 39.402(14), Fla. Stat. (Supp.1998); see also Fla.R.Juv.P. 8.315(a) (if parent denies allegations of petition, court shall set adjudicatory hearing within period provided by law or grant continuance as provided by law). We…
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J.C. v. State 716 So. 2d 331 · DCA97-05228 · District Court of Appeal 1998
· cited by 4 in all courts
…and history of mental instability. Further, the trial court erred in failing to permit the mother to withdraw her plea of no contest. Florida Rule of Juvenile Procedure 8.315(b) states: The court may for good cause, at any time prior to the beginning of a disposition hearing permit an admission of the allegations of the petition or…
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A.G. v. Department of Children & Family Services 716 So. 2d 792 · 4D97-4231 · 4th DCA 1998
· cited by 4 in all courts
…Florida Statutes (1994 Supp.) and to rule on petitioner A.G.'s motion to withdraw consent to the adjudication of dependency, pursuant to Florida Rule of Juvenile Procedure 8.315(b). We redesignated that portion of petitioners' appeal as a petition for writ of mandamus. As for the remainder of the case, we affirmed the lower court in…
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P.B. v. Department of Children & Family Services 709 So. 2d 590 · 4D97-3759 · 4th DCA 1998
· cited by 7 in all courts
…child, and that their consent was not voluntary and knowing. As to this, Appellants failed to make the demonstration of good cause required by Florida Rule of Juvenile Procedure 8.315(b). We also affirm the shelter order placing Appellants' autistic child in a therapeutic facility. Section 39.41 (2)(a), Florida Statutes, states in pertinent…
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Bailey v. Department of Health & Rehabilitative Services 703 So. 2d 1224 · 5D96-3562 · 5th DCA 1998
· cited by 3 in all courts
… 543 So.2d 741 (Fla.1989). None of these authorities is relevant to this dependency proceeding. The appropriate rule in this case is Florida Rule of Juvenile Procedure 8.315(b), which provides: The court may at any time prior to the beginning of a disposition hearing permit an admission of the allegations of the petition to be…
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Ash v. Department of Health & Rehabilitative Services 649 So. 2d 305 · 5D93-1758 · 5th DCA 1995
· cited by 4 in all courts
…as required by sections 39.409(3) and 39.41, Florida Statutes (1991). NOTES [1] §§ 39.409(3) & 39.41(4)(a)-(c)(3), Fla. Stat. (1991). [2] See Fla.R.Juv.P. 8.315(a), .325, & .430.
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Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…were filed with the Court, we published the proposals for comment. The Court received one comment in support of the Rules Committee’s proposal to amend rule 8.315, Arraignments and Prehearing Conferences. ANALYSIS After considering the proposed amendments and hearing oral argument, we adopt almost all of the Rules…
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In re Amendments to Florida Rules of Juvenile Procedure SC2024-0572 · Florida Supreme Court 2024
…Status Conferences).1 The Committee, by a vote of 26-0-0, approved the amendments to rule 8.240, and by a vote of 25-0-2, approved the amendments to rules 8.315 and 8.510. The Florida Bar’s Board of Governors unanimously voted to recommend approval of the amendments. Before filing its report with the Court, the…
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In re Amendments to the Florida Rules of Juvenile Procedure 175 So. 3d 263 · SC15-98 · Florida Supreme Court 2015
· cited by 10 in all courts
…on the record that the child’s decision to waive counsel has been discussed with the child and appears to be knowing and voluntary. The amendments to rules 8.315 (Arraignments and Prehearing Conferences) and 8.332 (Order Finding Dependency) are intended to create uniformity throughout the State in situations in which…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…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 (c); rule 8.410(a), (b)(3)-(4),…
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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
…of the parents’ or legal custodians’ active participation in subsequent proceedings and hearings. (7)-(15) [No Change] (c)-(d) [No Change] RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES (a)-(b) [No Change] (c) Prehearing Conference. Before any adjudicatory hearing, the…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
… (e) This section has been reworded to provide a procedure for notice to all parties before dismissal and to allow adoption of a petition by another party. RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES (a) Arraignment. Prior to the adjudicatory hearing, the court shall conduct a hearing to determine whether an…
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Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996
· cited by 1 in all courts
…has been entered except on order of the court unless the detentionshelter order authorized release by the Department of Health and Rehabilitative Services. RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES (a) Arraignment. Prior to the adjudicatory hearing the court shall conduct a hearing to determine whether an…
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(a) Arraignment.
(1) Before the adjudicatory hearing, the court must conduct a hearing to determine whether an admission, consent, or denial to the petition must be entered, and whether the parties are represented by counsel or are entitled to appointed counsel as provided by law.
(2) If an admission or consent is entered and no denial is entered by any other parent or legal custodian, the court must enter a written order finding dependency based on the allegations of the dependency petition by a preponderance of the evidence. The court must schedule a disposition hearing to be conducted within 15 days. If a denial is entered, the court must set an adjudicatory hearing within the period of time provided by law and appoint counsel when required.
(3) If one parent enters an admission or consent and the other parent who is present enters a denial to the allegations of the dependency petition, the court must enter a written order finding dependency based on the allegations of the dependency petition that pertain to the parent who enters an admission or consent by a preponderance of the evidence. The court must then reserve ruling on whether the parent who entered the denial contributed to the dependency status of the child under the statutory definition of a dependent child until the parent enters an admission or consent to the dependency petition, the court conducts an adjudicatory hearing, or the issue is otherwise resolved.
(4) If one parent enters an admission or consent and the identity or location of the other parent is unknown, the court must enter a written order finding dependency based on the allegations of the dependency petition by a preponderance of the evidence. The court must then reserve ruling on whether the parent whose identity or location is unknown contributed to the dependency status of the child under the statutory definition of a dependent child until the parent enters an admission or consent to the dependency petition, the court conducts an adjudicatory hearing, or the court proceeds as provided by law regarding a parent whose identity or location is unknown.
(5) If the court enters a written order finding dependency, the court must schedule a disposition hearing to be conducted within 15 days. If a denial is entered, the court must set an adjudicatory hearing within the period of time provided by law and appoint counsel when required.
(b) Withdrawal of Plea. The court may for good cause, at any time before the beginning of a disposition hearing, permit an admission of the allegations of the petition or a consent to dependency to be withdrawn and, if an adjudication has been entered, set aside the adjudication. In a subsequent adjudicatory hearing the court must disregard an admission or consent that has been withdrawn.
(c) Pretrial Status Conference. Before any adjudicatory hearing, the court may set or the parties may request that a pretrial status conference be held to determine:
(1) the order in which each party may present its case;
(2) which witnesses will testify in person and which will testify via communication technology;
(3) how a remote witness’s identity will be confirmed;
(4) any stipulations entered into by the parties; and
(5) any other matters that may aid in the conduct of the adjudicatory hearing.
(d) Status Hearing. Within 60 days of the filing of the petition, a status hearing must be held with all parties present unless an adjudicatory or disposition hearing has begun. Subsequent status hearings must be held every 30 days unless an adjudicatory or disposition hearing has begun.
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.
- Eff. 2016-01-01 Amended · 175 So.3d 263
- Eff. 2005-01-27 Amended · 894 So.2d 875
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1997-01-01 Amended · 684 So.2d 756
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1991 Amendment. (d) This section requires a status hearing every 30 days to ensure prompt resolution of the case while preserving the rights of all parties.