Adjudicatory hearingsRule 8.330
Related statutes: § 39.507 Adjudicatory hearings; orders of adjudication. · § 39.506
45 opinions cite Rule 8.330
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In re D.S. 849 So. 2d 411 · 2D02-3555 · 2nd DCA 2003
Termination as to the son reversed: denying a continuance to counsel who believed no termination was sought as to him was an abuse of discretion.
…present or aware of that abuse. In part, this lack of evidence may have been caused by the Department's position, asserted at trial, that Florida Rule of Juvenile Procedure 8.330(a) permitted it to make a prima facie case of the grounds for termination based solely upon an earlier order finding the children dependent by "clear and…
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O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008
· cited by 1 in all courts
Dependency adjudication reversed because parents who attended earlier trial days could not be defaulted for missing a later day; new trial ordered.
…failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication." § 39.506(3), Fla. Stat. (2006); see also Fla. R. Juv. P. 8.330(c). Neither of the two statutory situations occurred in this case. The parents entered a written plea, so no arraignment hearing was held. Since there was no…
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In re G.H. 617 So. 2d 422 · 1D92-02996 · 1st DCA 1993
· cited by 6 in all courts
…litigated, i.e., whether G.H. III had been subjected to egregious abuse. On July 15, 1992, the trial court terminated parental rights. Florida Rule of Juvenile Procedure 8.330 states in pertinent part: (a) Hearing by Judge. The adjudicatory hearing shall be conducted by the judge without a jury utilizing the rules of evidence. At…
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R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022
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.
…based on negative implication. It notes that the Juvenile Rules expressly require the Rules of Evidence to be followed in three types of hearings. See Fla. R. Juv. P. 8.330(a) (adjudicatory hearings); Fla. R. Juv. P. 8.347(g)(1) (supplemental adjudicatory hearings); Fla. R. Juv. P.8.525(a) (parental termination hearings). …
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In re T.S. 979 So. 2d 1202 · 2D07-888 · 2nd DCA 2008
· cited by 2 in all courts
Dependency of three children reversed because the order's findings were nearly nonexistent and the record did not show inadequate supervision.
…allegations by `a preponderance of the evidence.'" R.F. v. Fla. Dep't of Children & Families (In re M.F.), 770 So.2d 1189 , 1192 (Fla.2000) (quoting Fla. R. Juv. P. 8.330(a)). Generally, when the trial court fails to enter particularized findings, the cause is reversed and remanded to enter appropriate factual findings. C.D. v.…
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In Interest of D.F. 622 So. 2d 1102 · 1D92-3529 · 1st DCA 1993
· cited by 9 in all courts
…was unconstitutional. The trial court erred in this regard. Crucial to the due process considerations raised in these proceedings is Florida Rule of Juvenile Procedure 8.330(a), which provides that an adjudicatory hearing shall be provided wherein the court shall determine whether the allegations of a dependency petition have been…
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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.
…which a determination of dependency may be accomplished — either by admission, see Fla. R. Juv. P; 8.325, 11 or by adjudicatory hearing. See Fla. R. Juv. P. 8.330. 12 Each ‘route’ how *1144 ever requires the trial judge to list the factual determinations relied on. See Fla. R. Juv. P. 8.332. …
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P.H. v. Department of Children & Families 901 So. 2d 277 · 5D04-2224 · 5th DCA 2005
· cited by 1 in all courts
Remanded because the dependency order contained no findings of fact or legal basis, as DCF conceded.
…contends this order is legally insufficient because it does not contain any findings and does not state the legal ground for the finding of dependency. Fla. R. Juv. P. 8.330(g). [2] The Department concedes the order is insufficient and the cause must be remanded for a proper order. [3] Accordingly, we remand for the entry of an…
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A.J. v. Department of Children & Families 845 So. 2d 973 · 4D02-2396 · 4th DCA 2003
· cited by 9 in all courts
Refusal to set aside default consent reversed; parents who attended prior hearings and two trial days, then arrived 25 minutes late, should not lose.
…the parents' failure to appear constituted a consent to a dependency adjudication pursuant to section 39.506(3), Florida Statutes (2001) and Florida Rule of Juvenile Procedure 8.330(c). Based on the default, the court entered a dependency order. Section 39.506(3) and Rule 8.330(c) state in pertinent part: If a person appears for the…
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J.C.G. v. Department of Children & Families 780 So. 2d 965 · 5D00-1964 · 5th DCA 2001
· cited by 13 in all courts
Abandonment-based dependency order vacated because it stated no factual findings; the evidence challenge and vagueness attack on the abandonment definition were rejected.
…it shall incorporate that finding in an order of adjudication entered in the case, briefly stating the facts upon which the finding is made.... Rule 8.330(g) of the Florida Rules of Juvenile Procedure sets forth a similar requirement: Rule 8.330. Adjudicatory Hearings * * * (g) Findings and Orders. In all…
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L.B. v. Department of Children & Families 766 So. 2d 1259 · 5D99-3351 · 5th DCA 2000
· cited by 4 in all courts
Dependency order quashed because it lacked the required findings of fact; the judge may supplement the findings or hold a new hearing.
…(1999) requires that in adjudicating a child dependent, a trial judge shall state in the order the facts upon which the finding is made. Florida Rule of Juvenile Procedure 8.330(g) similarly requires the trial court to specify the facts upon which a finding of dependency was made. See M.E.G. v. Department of Children and Families, …
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R.A. v. Department of Children & Families 724 So. 2d 574 · 3D98-0713 · 3rd DCA 1998
· cited by 5 in all courts
…egregious abuse. Because the trial court had found in the dependency order that egregious abuse had been proven by clear and convincing evidence, see Fla. R. Juv. P. 8.330(a), this finding was taken as established for purposes of the termination proceeding, see G.H., 617 So.2d at 423 , and "eliminate[d] the need for a…
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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.
… A. It was DCF’s burden below to prove the dependency petition allegations against the father by a preponderance of the evidence. Fla. R. Juv. P. 8.330(a). The trial court’s adjudication of dependency “is a mixed question of law and fact and will be sustained on review if the court applied the correct law and…
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J.R. v. Department of Children & Families 3D23-0186 · 3rd DCA 2023
Adjudication of dependency affirmed under the deferential standard because competent substantial evidence supported the trial court's findings.
…770 So. 2d 1189, 1192 (Fla. 2000) (“In a dependency proceeding, DCF must establish its allegations by ‘a preponderance of the evidence.’”) (quoting Fla. R. Juv. P. 8.330(a)); Y.P. v. Dep’t of Child. & Fam. Servs., 939 So. 2d 1118, 1119–20 (Fla. 3d DCA 2006) (“We review an adjudication of dependency for an abuse of discretion,…
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A.S. v. Department of Children & Family Services 113 So. 3d 77 · 2D12-3460 · 2nd DCA 2013
· cited by 4 in all courts
Dependency affirmed, but terminating jurisdiction after placement with the father reversed because the mother was complying with her plan and no evidentiary hearing was held.
…a court finds that the evidence is sufficient to meet the clear and convincing standard, it may state as much in the order. See id. at 1192 n. 8; Fla. R. Juv. P. 8.330(a).
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G.R. v. Department of Children & Families 77 So. 3d 926 · 3D11-2560 · 3rd DCA 2012
On DCF's confession of error, dependency adjudication based on consent by nonappearance without proper notice was reversed and remanded for a dependency trial.
…for her failure to appear for an adjudicatory hearing absent proper notice in accordance with section 39.506(3), Florida Statutes (2011), and Florida Rule of Juvenile Procedure 8.330(c). Reversed and remanded for proceedings in compliance herewith.
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T.P. v. Department of Children & Families 954 So. 2d 677 · 5D06-1562 · 5th DCA 2007
· cited by 1 in all courts
Dependency affirmed because the mother's excessive corporal discipline harmed the children; remanded only to clarify supervised versus unsupervised visitation.
…the order of adjudication, the trial court is required to set out the facts on which its finding of dependency is based. § 39.507(6), Fla. Stat. (2005); Fla. R. Juv. P. 8.330(g). This court has consistently *681 held that failure to comply with this directive will result in the order being vacated and the case remanded for entry of a…
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R.P. v. Department of Children & Families 945 So. 2d 612 · 4D06-3492 · 4th DCA 2006
· cited by 1 in all courts
Adjudication order vacated because it copied the petition's allegations as findings, many unproven or rejected orally, so remand for compliant findings.
…Florida Statutes (2005), generally requires the trial court to set forth the facts upon which a finding of dependency is made. Likewise, Florida Rule of Juvenile Procedure 8.330(g) requires that in all cases in which dependency is established, the court must enter a written order stating the legal basis for a finding of dependency and…
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In re S.T. 940 So. 2d 571 · 2D06-964 · 2nd DCA 2006
· cited by 5 in all courts
Dependency of four children reversed: one confrontation leaving a bruise and slight swelling was not abuse, and no nexus showed prospective abuse of siblings.
… The Department is required to establish a child's state of dependency by a preponderance of the evidence. § 39.507(1)(b), Fla. Stat. (2004); Fla. R. Juv. P. 8.330(a). "A court's final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling…
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In the Interest of T.B. v. Department of Children & Family Services 939 So. 2d 1192 · 2D05-6206 · 2nd DCA 2006
· cited by 8 in all courts
Dependency reversed because several changes of residence did not show actual or imminent neglect, and the written order lacked specific supporting facts.
…neglect. Discussion The Department is required to establish a child’s state of dependency by a preponderance of the evidence. § 39.507(1)(b); Fla. R. Juv. P. 8.330(a). “A court’s final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling…
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In re C.R. 937 So. 2d 1257 · 2D05-1192 · 2nd DCA 2006
Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.
… The Department is required to establish a child's state of dependency by a preponderance of the evidence. § 39.507(1)(b), Fla. Stat. (2003); Fla. R. Juv. P. 8.330(a). "A court's final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling…
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G.R. v. Department of Children & Family Services 937 So. 2d 1257 · 2D05-1192-2 · 2nd DCA 2006
· cited by 6 in all courts
Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.
… The Department is required to establish a child’s state of dependency by a preponderance of the evidence. § 39.507(l)(b), Fla. Stat. (2003); Fla. R. Juv. P. 8.330(a). “A court’s final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling…
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In re B.C. 936 So. 2d 764 · 2D05-3833 · 2nd DCA 2006
· cited by 4 in all courts
Dependency of the son reversed: the expert found minimal, non-imminent risk, so alleged abuse of a stepsister alone did not prove prospective harm.
…as a whole and by a narrow preponderance. It does not suggest the findings were sustained by clear and convincing evidence. In pertinent part, Florida Rule of Juvenile Procedure 8.330(a) provides that "[i]f the court is of the opinion that the allegations have been sustained by clear and convincing evidence, it may enter an order so stating."…
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T.S. v. Department of Children & Families 935 So. 2d 626 · 1D06-0393 · 1st DCA 2006
· cited by 4 in all courts
Dependency affirmed: the mother knew her boyfriend, a prior child molester, repeatedly touched her daughter's breast area yet failed to protect her.
…242, 245 (Fla. 5th DCA 2002). In a dependency proceeding, the Department must establish its allegations by a preponderance of the evidence. See Fla. R. Juv. P. 8.330(a); M.F. v. Florida Dep't of Children & Families, 770 So.2d 1189, 1192 (Fla.2000). The Supreme Court of Florida has described the standard of review as…
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Y.M. v. Department of Children & Families 865 So. 2d 688 · 5D03-2947 · 5th DCA 2004
Dependency finding affirmed as supported by evidence, but remanded for the written order to state the evidentiary standard the court orally applied.
…trial judge’s findings are supported by substantial competent evidence. Appellant also challenges the written dependency order because it fails to comply with rule 8.330(g) of the Florida Rules of Juvenile Procedure by not stating “whether the court made the findings based upon a preponderance of the evidence or by clear and…
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S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003
· cited by 32 in all courts
Supreme Court held a parent in a dependency case without termination or criminal charges has no right to collaterally challenge appointed counsel's effectiveness.
…ad litem on direct behalf of the child. See, e.g., Fla. R. Juv. P. 8.255(d) (permitting the court to call a child to testify at a dependency hearing); Fla. R. Juv. P. 8.330(a) (providing that an adjudicatory hearing in dependency proceedings shall be conducted by the judge without a jury); Fla. R. Juv. P. 8.215 (permitting any party…
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M.N. v. Department of Children & Families 826 So. 2d 445 · 5D01-3663 · 5th DCA 2002
· cited by 10 in all courts
Dependency reversed: one incident of abuse of the mother's other child showed no nexus to a substantial risk of imminent abuse of the infant.
…it must establish its allegations of dependency by "a `preponderance of the evidence.'" In re M.F., 770 So.2d 1189, 1192 (Fla.2000) (quoting Fla. R. Juv. P. 8.330(a)). In order to establish dependency based on prospective abuse or neglect in cases where another child was previously harmed, DCF has the burden of…
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C.M. v. Department of Children & Families 823 So. 2d 182 · 5D01-3748 · 5th DCA 2002
· cited by 4 in all courts
Dependency affirmed as to the mother on her inconsistent account and medical testimony, but reversed as to the father, whom no evidence connected to injuries.
…the order of adjudication and findings of fact found that "The Department has proven its case of dependency by a preponderance of the evidence." See Fla. R. Juv. P. 8.330(a).
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T.M. v. Department of Children & Families 813 So. 2d 200 · 5D01-2332 · 5th DCA 2002
· cited by 2 in all courts
Dependency order vacated and remanded because the court stated its abandonment finding as to the mother orally but not in the written order.
… Section 39.507(6) of the Florida Statutes (1999) requires the trial court to set forth written findings of fact which support an adjudication of dependency. Rule 8.330(g) of the Florida Rules of Juvenile Procedure sets forth a similar requirement. Our court has consistently held that in cases where the trial court has failed to…
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S.L. v. Department of Children & Families 787 So. 2d 973 · 5D00-2832 · 5th DCA 2001
· cited by 3 in all courts
Dependency adjudication based on spanking with a belt was reversed because the order lacked adequate factual findings, as the Department conceded.
…and Families, 760 So.2d 1068 (Fla. 5th DCA 2000); M.E.G. v. Department of Children and Families, 754 So.2d 879 (Fla. 5th DCA 2000). Florida Rule of Juvenile Procedure 8.330(g) states: In all cases in which dependency is established, the court shall enter a written order stating the legal basis for a finding of dependency,…
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M.B. v. Department of Children & Family Services 770 So. 2d 733 · 4D00-1417 · 4th DCA 2000
· cited by 1 in all courts
Dependency adjudication affirmed: the order contained adequate factual findings and the record showed past neglect and ongoing risk of future abuse or neglect.
…The extensive trial court order, which sets out the facts upon which the court’s findings were made, reflects that the court complied with Florida Rule of Juvenile Procedure 8.330(g). Additionally, there is record support for the conclusion that the children were significantly impaired as a result of Appellant’s conduct such as to…
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In re M.F. 770 So. 2d 1189 · SC96883 · Florida Supreme Court 2000
· cited by 87 in all courts
Dependency upheld: a sex offense against one child does not alone prove siblings dependent, but the father's long imprisonment and other circumstances sufficed.
…1996 R.F. "with his sexual organ penetrated or had union with the vagina of K.F." He was adjudicated guilty and sentenced in March 1998. [8] See Fla. R. Juv. P. 8.330(a). Alternatively, DCF may establish its allegations by clear and convincing evidence if it seeks to avoid a repetitive hearing on the same evidence in a…
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M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000
· 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.
…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…
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Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996
· cited by 6 in all courts
…of "egregious abuse" may serve as a basis for the permanent termination of parental rights at a subsequent proceeding due to the operation of Florida Rule of Juvenile Procedure 8.330(a). Therefore, we perceive each dependency petition alleging "egregious abuse" to represent a potential for the permanent termination of parental rights. 622…
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Denson v. Department of Health & Rehabilitative Services 661 So. 2d 934 · 5D94-2735 · 5th DCA 1995
· cited by 18 in all courts
…affirm. NOTES [1] The trial court is required to state findings of fact to support the determination of dependency. § 39.409, Fla. Stat. (1993); Fla.R.Juv.P. 8.330(g). See also Ash v. Department of Health and Rehabilitative Services, 649 So.2d 305 (Fla. 5th DCA 1995); In re L.H., 647 So.2d 311 (Fla. 5th DCA…
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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
…to be dependent. Because the order did not set out written findings of fact to support the order, as required by section 39.409, Florida Statutes (1991) and Rule 8.330(g) Florida Rules of Juvenile Procedure, we must send the case back to the trial court. Although the court did later make written findings, this was done after…
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In re D.F. 602 So. 2d 970 · DCA91-3378 · District Court of Appeal 1992
· cited by 3 in all courts
…rights exists. That attempt to shortcut the proof required at the upcoming termination hearing far exceeded the limited authority given trial judges in Rule 8.330(a), Florida Rules of Juvenile Procedure, and it effectively deprives the appellant of his right to a full and fair termination hearing. When served with the…
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In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009
…APPEAL PROCEDURES Florida Rule of Appellate Procedure 9.146 generally governs appeals in juvenile dependency and termination of parental rights cases. RULE 8.330. ADJUDICATORY HEARINGS (a)-(d) [No change] (e) Motion for Judgment of Dismissal. In all proceedings, if at the close of the evidence for the petitioner…
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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
…8.225(a)(3), (a)(3)(C), and (a)(4)(A)(iv); rule 8.240(b); rule 8.245(b)(2), (e)(2)(D), and (c)(3)(B); rule 8.255(a) and (c); rule 8.305(d); rule 8.310(a)(5); rule 8.330(a), (c), and (g); rule 8.340(c); and rule 8.500(a)(2), (b)(3), and (g)(2). We find, however, that the following proposed rule amendments are neither mandated by…
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In re Amendments to Florida Rules of Juvenile Procedure 8.203 and 8.330 SC2025-1362 · Florida Supreme Court 2026
…published the proposed amendments for comment, and no comments were received. Having considered the proposal, we adopt the amendments to rules 8.203 and 8.330 as proposed. Specifically, we amend rule 8.203 to allow the required information under the Uniform Child Custody Jurisdiction and Enforcement Act to be…
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In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023
…clerk, and rule 8.224 is amended to also provide that a parent must consent orally or in writing to service by e-mail. In addition, rules 8.225, 8.255, 8.330, 8.347, 8.505, 8.510, and 8.525, and forms 8.959, 8.979, and 8.982 are amended to reflect the removal of all references to “personal” or “personally”…
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Amendments to the Rules of Juvenile Procedure (8.330 & 8.525) 789 So. 2d 951 · SC00-1469 · Florida Supreme Court 2000
Supreme Court adopts juvenile rule amendments letting parties, such as out-of-state incarcerated parents, appear at dependency and termination adjudicatory hearings by audio or audiovisual device.
PER CURIAM. The Juvenile Court Rules Committee (“Committee”) of The Florida Bar has submitted an emergency petition to amend Rules of Juvenile Procedure 8.330 and 8.525. We have jurisdiction. Art. V, § 2(a), Fla. Const. The Committee approved the changes by votes of 18-3-1. 1 The proposed changes were published for…
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In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007
· cited by 4 in all courts
…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 Review of Dependency Cases); form 8.929 (Detention…
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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
…in the conduct of the adjudicatory hearing. (d) [No Change] Committee Notes [No Change] RULE 8.330. ADJUDICATORY HEARINGS (a)–(b) [No Change] (c) Presence of Parties. All parties have the right to be present at all hearings. A party may…
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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
…the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appeal’s without counsel. RULE 8.330. ADJUDICATORY HEARINGS (a) Hearing by Judge. The adjudicatory hearing shall be conducted by the judge, without a jury, utilizing the rules of evidence in…
No opinion cites this provision by number.
Cited as rule 8.330 under earlier numbering (4)
These opinions cite a rule numbered 8.330 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.
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DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.330.
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(a) Hearing by Judge. The adjudicatory hearing must be conducted by the judge, without a jury, utilizing the rules of evidence in use in civil cases. At this hearing the court must determine whether the allegations of the dependency petition have been sustained by a preponderance of the evidence. If the court is of the opinion that the allegations are sustained by clear and convincing evidence, it may enter an order so stating.
(b) Examination of Witnesses. A party may call any person as a witness. A party has the right to examine or cross-examine all witnesses. However, the child and the parents, caregivers, or legal custodians of the child may be examined separately and apart from each other.
(c) Presence of Parties. All parties have the right to be present at all hearings. A party may appear in person or, at the discretion of the court for good cause shown, by communication technology. No party may be excluded from any hearing unless so ordered by the court for disruptive behavior or as provided by law. If a person appears for the arraignment hearing and the court orders that person to appear at the adjudicatory hearing for dependency, stating the date, time, and place of the adjudicatory hearing and, if the hearing will be held through communication technology, instructions for appearing at the hearing through communication technology, then that person’s failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication.
(d) Joint and Separate Hearings. When 2 or more children are alleged to be dependent children, the hearing may be held simultaneously when the several children involved are related to each other or involved in the same case, unless the court orders separate hearings.
(e) Motion for Judgment of Dismissal. In all dependency adjudicatory proceedings, if at the close of the evidence for the petitioner a party moves for a judgment of dismissal and the court finds that the evidence is insufficient to sustain the grounds alleged in the dependency petition, it must enter an order dismissing the petition or find that allegations in the petition have not been sustained as to a particular parent or legal custodian. If the court does not dismiss the petition, the parties, including all parents, must continue to receive pleadings, notices, and documents and to have the right to be heard.
(f) Dismissal. If the court finds after all the evidence has been presented that the evidence is insufficient to sustain the grounds alleged in the dependency petition, it must enter an order dismissing the case for insufficiency of the evidence or find that allegations in the petition have not been sustained as to a particular parent or legal custodian and proceed with the dispositional alternatives available at law. If the court does not dismiss the petition, the parties, including all parents, must continue to receive pleadings, notices, and documents and to have the right to be heard.
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. 2009-11-12 Amended · 24 So.3d 47
- Eff. 2007-02-08 Amended · 951 So.2d 804
- Eff. 2001-01-01 Amended · 789 So.2d 951
- Eff. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1999-07-01 Amended · 753 So.2d 1214
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1991-07-01 Amended · 589 So.2d 818
Committee notes (1)
1991 Amendment. (a) This change gives the court the option of making a finding based on a higher burden of proof to eliminate the need for a repetitive hearing on the same evidence if a termination of parental rights petition is filed.