Dependency Law Finder

1. D.M.U. v. Department of Children & Families 917 So. 2d 984 · 3D04-2994 · 3rd DCA 2005

   Affirmed in part, reversed in part This opinion cites Rule 8.325 9 times: (c)

   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.

   …have a full understanding of the legal consequences of giving consent and that the trial court should have granted her motion to withdraw consent. See Fla. R. Juv. P. 8.325(c). The Mother further contends that the trial judge improperly based her findings of dependency on evidence *986 that was insufficient to sustain a clear and…

2. D.M.U. v. Department of Children & Family Services 917 So. 2d 984 · 3D04-2994-2 · 3rd DCA 2005

   Affirmed in part, reversed in part This opinion cites Rule 8.325 9 times: (c)

   · 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.

   …have a full understanding of the legal consequences of giving consent and that the trial court should have granted her motion to withdraw consent. See Fla. R. Juv. P. 8.325(c). The Mother further contends that the trial judge improperly based her findings of dependency on evi *986 dence that was insufficient to sustain a clear and…

3. C.S. v. Department of Children & Families 777 So. 2d 1118 · 4D00-576 · 4th DCA 2001

   Reversed & remanded This opinion cites Rule 8.325 9 times: (c)

   · cited by 5 in all courts

   Dependency based on the parents' consents reversed because the court never found them voluntary and knowing, despite the mother's limited abilities and father's confusion.

   …We hold the trial court erred in adjudicating C.S. Jr. dependent as the parents' consents were not taken voluntarily, willingly and knowingly as required by Rule 8.325(c) of the Florida Rules of Juvenile Procedure. In this case, a petition for adjudication of dependency and an amended three-count petition were filed by…

4. In re B.G. 884 So. 2d 357 · 2D03-5607 · 2nd DCA 2004

   Reversed & remanded This opinion cites Rule 8.325 5 times: (c)

   Dependency order reversed because the court enforced a mediated consent without finding the father understood and voluntarily accepted its consequences, as the juvenile rule requires.

   …an order finding the children dependent and finding that B.G. freely, knowingly, and voluntarily consented to a finding of dependency. Florida Rule of Juvenile Procedure 8.325(c) requires the trial court to make specific findings before accepting a consent to dependency. This rule states: The court shall determine that any admission…

5. B.G. v. Department of Children & Family Services 884 So. 2d 357 · 2D03-5607-2 · 2nd DCA 2004

   Reversed & remanded This opinion cites Rule 8.325 5 times: (c)

   · cited by 2 in all courts

   Dependency order reversed because the court enforced a mediated consent without finding the father understood and voluntarily accepted its consequences, as the juvenile rule requires.

   …an order finding the children dependent and finding that B.G. freely, knowingly, and voluntarily consented to a finding of dependency. Florida Rule of Juvenile Procedure 8.325(c) requires the trial court to make specific findings before accepting a consent to dependency. This rule states: The court shall determine that any admission…

6. In re I.D.M. 779 So. 2d 526 · 2D00-1230 · 2nd DCA 2000

   Reversed & remanded This opinion cites Rule 8.325 4 times: (c)

   · cited by 3 in all courts

   Dependency adjudication and denial of withdrawing consent reversed because the court never found the mother's consent voluntary and knowing.

   …that the Mother's consent was given voluntarily and with a full understanding of the possible consequences of the consent, we reverse. Florida Rule of Juvenile Procedure 8.325(c) requires the trial court to make specific findings before accepting a consent to dependency. The rule states in pertinent part: The court shall determine…

7. K.S. v. Department of Children & Families 760 So. 2d 1068 · 5D99-2613 · 5th DCA 2000

   Reversed & remanded This opinion cites Rule 8.325 4 times: (c), and the section generally

   · cited by 6 in all courts

   Order withholding adjudication but keeping the child out of home reversed: no findings, no stipulation inquiry, no approved case plan before long-term relative placement.

   …order). The mother further contends that the trial court erred by failing to enter a dependency order with the factual findings required by Florida Rule of Juvenile Procedure 8.325(c). This rule provides: Rule 8.325. Answers and Pleadings * * * (c) Admission of or Consent to Dependency. The parent, caregiver, or legal custodian may…

8. In Interest of S.H. 642 So. 2d 809 · 2D93-03426 · 2nd DCA 1994

   This opinion cites Rule 8.325 4 times: (c), and the section generally

   · cited by 9 in all courts

   …court never determined that his consent to the petition was voluntary and with a full understanding of the possible consequences of the consent as required by rule 8.325(c). Because we reverse the order on these grounds, we do not need to reach the remaining issues. We note, however, that the order on appeal does not contain…

9. Department of Children & Families v. Y.C. 82 So. 3d 1139 · 3D11-1899 · 3rd DCA 2012

   Certiorari / writ granted This opinion cites Rule 8.325 3 times: (c), and the section generally

   · 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.

   …order must include “findings of fact specifying the act or acts causing dependency, by whom committed, and facts on which the findings are based.” See Fla. R. Juv. P. 8.325. With no evidence taken and no countervailing position advanced, there was no opportunity for the trial judge to make the crucial findings necessary to a…

10. McKenzie v. Department of Health & Rehabilitative Services 663 So. 2d 682 · 5D94-2261 · 5th DCA 1995

    This opinion cites Rule 8.325 3 times: (b), (c)

    · cited by 9 in all courts

    …During the colloquy with McKenzie, the trial judge explained the three pleas available to her: admission, denial, or consent to the petition. See Fla.R.Juv.P. 8.325(b), (c). Although McKenzie initially consented to the petition, when questioned by the trial court to determine if she understood that she would be giving up her…

11. J.G. v. Department of Children & Families 82 So. 3d 1170 · 5D11-4592 · 5th DCA 2012

    Reversed & remanded This opinion cites Rule 8.325 2 times: (c)

    Adjudication and disposition quashed because the mother consented expecting reunification but was never warned the father could get sole custody and the case close.

    …could result in the *1174 immediate and permanent placement of the child with the father. We would further observe that Florida Rule of Juvenile Procedure 8.325(c) requires a trial court to ensure that any admission or consent to a finding of dependency is made voluntarily and with a full understanding of the possible…

12. S.F. v. Department of Children & Families 825 So. 2d 521 · 5D01-3681 · 5th DCA 2002

    Reversed & remanded This opinion cites Rule 8.325 2 times, the section generally

    · cited by 2 in all courts

    Adjudication vacated and remanded because the order lacked written findings that the mother's consent plea was voluntary; the plea colloquy itself was proper.

    …remanded so that the trial court can enter an adjudication order which includes written findings as to the voluntariness of the mother’s plea as required by rule 8.325 of the Florida Rules of Juvenile Procedure. 1 See J.C.G. v. Dep’t of Children & Families, 780 So.2d *523 965 (Fla. 5th DCA 2001)(holding that where no…

13. R.T. v. Department of Children & Families 29 So. 3d 431 · 1D08-5605 · 1st DCA 2010

    Reversed & remanded This opinion cites Rule 8.325 1 time: (c)

    · cited by 1 in all courts

    Dependency adjudication reversed because the court accepted a mediated consent without finding it knowing and voluntary, as DCF conceded.

    …first determining whether her consent was knowing and voluntary. The Department of Children and Family Services correctly concedes error. Florida Rule of Juvenile Procedure 8.325(c) requires that, before accepting a consent to a finding of dependency, the trial court determine that the consent “is made voluntarily and with a full…

14. In re T.F. 8 So. 3d 474 · 2D08-1291 · 2nd DCA 2009

    Reversed & remanded This opinion cites Rule 8.325 1 time: (c)

    Reversed because the court changed the goal to adoption without a termination petition, rendering the mother's consent to dependency unknowing; new arraignment or hearing required.

    …to terminate the Mother's parental rights. Finally, we must point out that the trial court's actions raised serious due process issues. Florida Rule of Juvenile Procedure 8.325(c) requires the trial court to "determine that any ... consent to a finding of dependency is made voluntarily and with a full understanding of the nature of the…

15. A.G. v. Department of Children & Families 938 So. 2d 606 · 5D05-4325 · 5th DCA 2006

    Reversed & remanded This opinion cites Rule 8.325 1 time: (c)

    Dependency reversed because the court ruled on conflicting proffers without evidence or inquiry into consent, violating due process; DCF conceded error as to the father.

    …was made voluntarily and with a full understanding of the nature of the allegations and the possible consequences of the admissions or consent. Fla. R. Juv. P. 8.325(c). See also In Interest of C.M., 632 So. 2d 1093 (Fla. 1st DCA 1994). There was simply no competent evidence to support the trial court's order. In…

16. Department of Children & Families v. P.C. 912 So. 2d 1255 · 1D05-0351 · 1st DCA 2005

    Reversed & remanded This opinion cites Rule 8.325 1 time: (c)

    Dependency adjudication reversed because the order lacked the written findings required by the juvenile rules, even though the parent consented.

    PER CURIAM. The trial court’s adjudication of dependency does not include the findings of fact required by Florida Rule of Juvenile Procedure 8.325(c). Even when a parent consents to dependency, the rule provides that the court must make written “findings of fact specifying the act or acts causing…

17. Department of Health & Rehabilitative Services v. Irven 724 So. 2d 698 · 2D97-05373 · 2nd DCA 1999

    This opinion cites Rule 8.325 1 time: (d)

    · cited by 3 in all courts

    …(b) Transfer of Cases Within the State of Florida. The court may transfer any case after adjudication, when adjudication is withheld, when a stipulation under rule 8.325(d) has been accepted, or before adjudication where witnesses are available in another jurisdiction, to the circuit court for the county in which is located the…

18. S.D. v. Department of Health & Rehabilitative Services 644 So. 2d 607 · DCA94-1161 · District Court of Appeal 1994

    This opinion cites Rule 8.325 1 time: (c)

    · cited by 2 in all courts

    …court to “incorporate ... findings of fact specifying the act or acts causing dependency, by whom committed, and facts upon which the findings are based.” Fla.R.Juv.P. 8.325(c); see D.S. v. Dep’t of HRS, 642 So.2d 628 (Fla. 1st DCA 1994). REVERSED and REMANDED for proceedings consistent with this opinion. MINER, LAWRENCE…

19. D.S. v. Department of Health & Rehabilitative Services 642 So. 2d 628 · 1D94-239 · 1st DCA 1994

    This opinion cites Rule 8.325 1 time: (c)

    · cited by 4 in all courts

    …court "incorporate ... findings of fact specifying the act or acts causing dependency, by whom committed, and facts upon which the findings are based." Fla. R.Juv.P. 8.325(c). Moreover, section 39.409(3), Florida Statutes (1993), provides that where a trial court finds a child dependent "it shall incorporate that finding in an…

20. In Interest of C.M. 632 So. 2d 1093 · 1D93-1812 · 1st DCA 1994

    This opinion cites Rule 8.325 1 time: (c)

    · cited by 6 in all courts

    …it was unauthorized and not voluntary. Following a hearing, the trial court denied the motion and reaffirmed the adjudication of dependency. Florida Rule of Juvenile Procedure 8.325(c) provides, in pertinent part: The parent or custodian may admit or consent to a finding of dependency. The court shall determine that any admission or…

21. 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 8.325 4 times: (a), (d), and the section generally

    · cited by 1 in all courts

    …(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), (c), and (e); rule 8.415(a)-©; rule…

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

    Rule amendment This opinion cites Rule 8.325 2 times, the section generally

    · cited by 1 in all courts

    …continuances throughout the rules in favor of having all language regarding continuances contained in rule 8.240, Computation and Enlargement of Time. Rule 8.325, Answers and Pleadings, is amended to delete subdivision (d), Stipulations, which addresses stipulations to the placement of a dependent child. ■ In amending…

23. 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 8.325 1 time, the section generally

    …dependency cases shall hold a shelter review on the status of the child within 2 working days after the shelter hearing. (c) – (d) [No Change] RULE 8.325. ANSWERS AND PLEADINGS (a) – (b) [No Change] (c) Admission of or Consent to Dependency. The parent or legal custodian may admit or…

24. 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 8.325 1 time, the section generally

    …to hear dependency cases shall hold a shelter review on the status of the child within 2 working days after the shelter hearing. . (c)-(d) [No Change] RULE 8.325. ANSWERS AND PLEADINGS (a)-(b) [No Change] (c) Admission of or Consent to Dependency. The parent or legal custodian may admit or consent to a finding of…

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

    Rule amendment This opinion cites Rule 8.325 1 time: (d)

    · cited by 8 in all courts

    …(b) Transfer of Cases Within the State of Florida. The court may transfer any case after adjudication, when adjudication is withheld, when a stipulation under rule 8.325(d)-has been-accepted-or before adjudication where witnesses are available in another jurisdiction, to the circuit court for the county in which is located the…

26. 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 8.325 1 time, the section generally

    · cited by 8 in all courts

    …a moderated standard for in camera examination of a child less rigid than the criminal law standard adopted by the committee in the 1991 rule revisions. RULE 8.325. ANSWERS AND PLEADINGS (a) No Answer Required. No written answer to the petition need be filed by the parent or custodian. The parent or custodian of the…

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