Order finding dependencyRule 8.332
Related statutes: § 39.507 Adjudicatory hearings; orders of adjudication. · § 39.01 · § 39.521 · § 39.503
8 opinions cite Rule 8.332
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A.F. v. Department of Children & Family Services 86 So. 3d 1144 · 3D11-1784 · 3rd DCA 2012
· cited by 1 in all courts
Dependency adjudication reversed because the order did not specify the facts supporting the finding as rule 8.332(a) and section 39.507(6) require.
…the trial court’s order did not set forth with specificity the facts upon which the court’s finding of dependency was based, as required by Florida Rule of Juvenile Procedure 8.332(a) and section 39.507(6), Florida Statutes (2011). See E.B. v. Dep’t of Children & Families, 54 So.3d 1090 (Fla. 4th DCA 2011); M.S. v. Dep’t of Children…
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E.B. v. Department of Children & Families 54 So. 3d 1090 · 4D10-2721 · 4th DCA 2011
· cited by 2 in all courts
Dependency order reversed on DCF's confession because it lacked the specific facts and legal basis required by rule 8.332, even though reasons were stated orally.
…was adjudicated dependent as to the mother, based upon her consent after mediation. He argues the trial court’s order fails to comply with Florida Rule of Juvenile Procedure 8.332 because it does not state with specificity the facts upon which the finding of dependency is based nor the requisite legal conclusions. The Department of…
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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.
…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. 13 Even in the case of an ‘admission’ — which as we read that provision clearly envisions adverse parties coming to an agreement-the court’s…
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J.Z. v. Department of Children & Family Services 106 So. 3d 976 · CL4988483 · District Court of Appeal 2013
· cited by 3 in all courts
Evidence supported dependency, but the order was reversed for new findings because it parroted the petition; oral findings cannot cure a defective written order.
…§ 39.507(6), Fla. Stat. (2011) (requiring the court to enter an order “briefly stating the facts upon which the [dependency] finding is made”); Fla. R. Juv. P. 8.332(a) (requiring the court to enter an order “specifying the facts upon which the finding of dependency is based”); see Ware v. In re J.N.M., So.2d 716 (Fla. 2d…
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In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009
…shall provide to the court and all parties identification and location information for the relatives. *54 Committee Notes [No change] RULE 8.332. ORDER FINDING DEPENDENCY (a) Finding of Dependency. In all cases in which dependency is established, the court shall enter a written order stating the…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…hearing. See ch. 2019-128, § 3, Laws of Fla. (amending § 39.402(18), Fla. Stat. (2018)). Similarly, subdivision (d) (Failure to Substantially Comply) of rule 8.332 (Order Finding Dependency) is amended to add new subdivisions (d)(1)-(4) to include three new advisements that the court must tell the parent if the court…
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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
…one parent, proceed to disposition, and reserve ruling on findings of dependency regarding the other parent until a later date. The amendments to rules 8.315 and 8.332 are consistent with the latter approach, which is preferred by the Committee because it should prevent delays to permanency for children. …
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In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021
…the consent of all parties to the agreement. (q) [No Change] Committee Notes [No Change] RULE 8.332. ORDER FINDING DEPENDENCY (a) [No Change] (b) Adjudication of Dependency. (1) [No Change] (2) If the court…
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(a) Finding of Dependency. In all cases in which dependency is established, the court must enter a written order stating the legal basis for a finding of dependency, specifying the facts upon which the finding of dependency is based, and stating whether the court made the finding by a preponderance of the evidence or by clear and convincing evidence. The court must include the dates of the adjudicatory hearing, if any, in the order.
(b) Adjudication of Dependency.
(1) If the court finds that the child named in the petition is dependent, the court must enter an order adjudicating the child dependent if the child is placed or will continue to be placed in an out-of-home placement. Following a finding of dependency, the court must schedule a disposition hearing within 30 days after the last day of the adjudicatory hearing pursuant to these rules.
(2) If the court enters findings that only one parent contributed to the dependency status of the child but allegations of dependency remain unresolved as to the other parent, the court must enter a written order finding dependency based on the allegations of the dependency petition concerning the one parent. The court must then reserve ruling on findings regarding the other parent based on the unresolved allegations until the parent enters an admission or consent to the dependency petition, the court conducts an evidentiary hearing on the allegations, the court proceeds as provided by law regarding a parent whose identity or location is unknown, or the issue is otherwise resolved.
(3) The court may enter an order adjudicating the child dependent if the child remains in or is returned to the home.
(4) For as long as a court maintains jurisdiction over a dependency case, only one order adjudicating each child in the case dependent shall be entered. This order establishes the legal status of the child for purposes of proceedings under Chapter 39, Florida Statutes, and may be based on the conduct of one parent, both parents, or a legal custodian. With the exception of proceedings pursuant to a termination of parental rights, the child’s dependency status may not be retried or readjudicated. All subsequent orders finding that a parent contributed to the dependency status of the child shall supplement the initial order of adjudication.
(c) Withhold of Adjudication of Dependency.
(1) If the court finds that the child named in the petition is dependent, but finds that no action other than supervision in the child’s home is required, it may enter an order briefly stating the facts on which its finding is based, but withholding an order of adjudication and placing the child in the child’s home under the supervision of the department. The department must file a case plan and the court must review the case plan pursuant to these rules.
(2) If the court later finds that the parents of the child have not complied with the conditions of supervision imposed, including the case plan, the court may, after a hearing to establish the noncompliance, but without further evidence of the state of dependency, enter an order of adjudication and shall thereafter have full authority under this chapter to provide for the child as adjudicated. If the child is to remain in an out-of-home placement by order of the court, the court must adjudicate the child dependent. If the court adjudicates the child dependent, the court must then conduct a disposition hearing.
(d) Failure to Substantially Comply. The court must advise the parents in plain language that:
(1) 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;
(2) 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;
(3) parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers; and
(4) 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.
(e) Inquiry Regarding Relatives for Placement. If the child is in out-of-home care, the court must inquire of the parent or parents whether the parent or parents have relatives who might be considered as placement for the child. The parent or parents must provide to the court and all parties identification and location information for the relatives.
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. 2019-11-27 Amended · 286 So.3d 82
- Eff. 2016-01-01 Amended · 175 So.3d 263
- Eff. 2009-11-12 Added · 24 So.3d 47
- Eff. 1991-07-01 Amended · 589 So.2d 818