Dependency Law Finder

1. G.T. v. Department of Children & Family Services 935 So. 2d 1245 · 1D06-0280 · 1st DCA 2006

   Reversed This opinion cites Rule 8.340 3 times: (a), and the section generally

   · cited by 2 in all courts

   Commitment of a dependent teen to residential mental health treatment reversed because DCF offered only hearsay, not competent expert evidence, of an emotional disturbance.

   …analysis makes no distinction between, e.g., placing a dependent child with one set of foster parents rather than another, on the one hand, see Fla. R. Juv. P. 8.340(a) (2005), 11 and, on the other, consigning a dependent child who may be doing satisfactorily in school to a mental health treatment facility under section…

2. A.G. v. Department of Children & Families 846 So. 2d 622 · 4D01-3817 · 4th DCA 2003

   Reversed & remanded This opinion cites Rule 8.340 2 times, the section generally

   · cited by 1 in all courts

   On rehearing, the court receded from its law of the case: the 1994 order was not a noticed disposition order, so relief denial was reversed.

   … 716 So.2d at 794 , we have reviewed the transcript and now know that the hearing was not a disposition hearing within the meaning of Florida Rule of Juvenile Procedure 8.340. The hearing actually addressed the status of the mother as to her other children, not C.G. The court did not address any issues of disposition. From the…

3. S.M. v. Department of Children & Families 3D2023-2213 · 3rd DCA 2024

   Certiorari / writ denied This opinion cites Rule 8.340 1 time, the section generally

   Appeal treated as certiorari and denied; the court properly approved a substance-misuse condition for return though the mother's consent plea omitted substance use.

   …. . . .” 4 On November 15, 2023, the trial court held a disposition hearing pursuant to Florida Rule of Juvenile Procedure 8.340 and section 39.521, Florida Statutes. At the hearing, the Department advised the trial court that a Family Functioning Assessment had been submitted for the…

4. R.N. v. Department of Children & Families 25 So. 3d 697 · 5D09-1777 · 5th DCA 2010

   Certiorari / writ denied This opinion cites Rule 8.340 1 time: (a)

   · cited by 3 in all courts

   Certiorari denied: the court could amend the father's case plan after a noticed evidentiary hearing on new domestic violence, without separate notice of amendment.

   …any party objects to the amendment of the case plan, the court must conduct a hearing allowing each party to present evidence and information as permitted in rule 8.340(a). (3) Any amendment granted by the court must be based on competent evidence. 3 . Section 39.6013, Florida Statutes (2009)…

5. K.E. v. Department of Children & Families 958 So. 2d 968 · 5D06-3294 · 5th DCA 2007

   Reversed & remanded This opinion cites Rule 8.340 1 time: (a)

   · cited by 9 in all courts

   Custody to the father and end of jurisdiction reversed because abandoning the reunification goal required a noticed case plan amendment and evidentiary hearing.

   …objects to the amendment of the case plan, the court must conduct a hearing allowing each party to *973 present evidence and information as permitted in rule 8.340(a). (3) Any amendment granted by the court must be based on competent evidence. (Emphasis added). If a party objects to a proposed amendment to the case…

6. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

   Other This opinion cites Rule 8.340 1 time, the section generally

   · 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 evidence…

7. M.W. v. Davis 722 So. 2d 966 · 4D98-3547 · 4th DCA 1999

   This opinion cites Rule 8.340 1 time, the section generally

   · cited by 1 in all courts

   …reports considered by the court, and his placement was considered by a Family Services Planning Team and a Case Review Committee. Florida Rule of Juvenile Procedure 8.340 permits the juvenile judge to rely on evidence, such as reports, which may not be admissible in non-juvenile proceedings. See also § 39.701(7), Fla. Stat.…

8. J.M. v. State 677 So. 2d 890 · 3D94-1160 · 3rd DCA 1996

   This opinion cites Rule 8.340 1 time: (a)

   …report and shall review the records of earlier judicial proceedings prior to making a final disposition of the case." Id. § 39.052(3)(b). Florida Rule of Juvenile Procedure 8.340(a) allows the court to "receive any relevant and material evidence helpful in determining the proper disposition to be made.... Such evidence may be received by…

9. J.M. v. State 677 So. 2d 890 · 3D94-1160-2 · 3rd DCA 1996

   This opinion cites Rule 8.340 1 time: (a)

   …report and shall review the records of earlier judicial proceedings prior to making a final disposition of the ease.” Id. § 39.052(3)(b). Florida Rule of Juvenile Procedure 8.340(a) allows the court to “receive any relevant and material evidence helpful in determining the proper disposition to be made.... Such evidence may be received by…

10. Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996

    This opinion cites Rule 8.340 1 time, the section generally

    · cited by 6 in all courts

    …Rules of Juvenile Procedure, which relates to Part II.B., Dependency Proceedings, of the above rules. The October 1992 hearing was conducted pursuant to rule 8.340, which is included in Part II.B. However, the trial court improperly relied upon rule 8.410, Florida Rules of Juvenile Procedure, as that rule falls within…

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 8.340 6 times: (a), (c), (c)(5), and the section generally

    · cited by 1 in all courts

    …(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 8.505(a)(2), (a)(7),…

12. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.340 2 times, the section generally

    …consent to provide access to. See ch. 2018-108, § 2, Laws of Fla. (amending 39.402(11)(c), Fla. Stat. (2017)). The amendment to subdivision (c)(9) of rule 8.340 (Disposition Hearings) requires the disposition order to include requirements to preserve the stability of the child’s child care, early education program,…

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

    Rule amendment This opinion cites Rule 8.340 2 times: (a)

    · cited by 1 in all courts

    …if any party objects to the amendment of a case plan, the court must conduct a hearing allowing each party to present evidence and information as permitted by rule 8.340(a), Disposition Hearings; Information Available to Court. Subdivision (b)(4) of rule 8.410, Approval of Case Plans, is amended to clarify what findings a court…

14. 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

    Rule amendment This opinion cites Rule 8.340 1 time, the section generally

    …then that person’s failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication. (d)–(f) [No Change] RULE 8.340. DISPOSITION HEARINGS (a)-(b) [No Change] - 28 - (c) Orders of Disposition. The court shall in its…

15. 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 8.340 1 time, the section generally

    …health, safety, and well-being of the child, including diagnosis, evaluation, treatment, and visitation. -8- RULE 8.340. DISPOSITION HEARINGS (a) – (b) [No Change] (c) Orders of Disposition. The court shall in its written order of disposition include: …

16. 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 8.340 1 time, the section generally

    …such other orders deemed necessary to protect the health, safety, and well-being of the child, including diagnosis, evaluation, treatment, and visitation. RULE 8.340. DISPOSITION HEARINGS (a)-(b) [No Change] (c) Orders of Disposition. The court shall in its written order, of disposition include: (l)-(9) [No Change] …

17. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

    Rule amendment This opinion cites Rule 8.340 1 time, the section generally

    · cited by 2 in all courts

    …new rule 8.286 (Civil Contempt) is adopted to govern civil contempt proceedings in dependency and termination of parental rights matters. Subdivision (c) of rule 8.340 (Disposition Hearings) is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes…

18. In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.340 1 time: (a)

    · cited by 4 in all courts

    …any party objects to the amendment of the case plan, the court must conduct a hearing allowing each party to present evidence and information as permitted in rule 8.340(a). (3) Any amendment granted by the court must be based on competent evidence. (e) Signature. The case plan must be signed by all parties except the child,…

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

    Rule amendment This opinion cites Rule 8.340 1 time, the section generally

    · cited by 8 in all courts

    …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. RULE 8.340. DISPOSITION HEARINGS (a) Information Available to Court. At the disposition hearing the court, after establishing compliance with the disposi-tional…

20. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.340 1 time, the section generally

    · cited by 1 in all courts

    …represented by counsel or are entitled to appointed counsel as provided by law. If an admission or consent is entered, the court shall proceed as set forth in rule 8.340. If a denial is entered, the court shall set an adjudicatory hearing within the period of time provided by law or grant a continuance as provided by law and…

21. 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 8.340 1 time, the section generally

    · cited by 8 in all courts

    … Committee Notes 1992 Amendment. This rule combines the previous provisions for plans and stipulations into one procedure entitled “stipulations.” RULE 8.340. DISPOSITION HEARINGS (a) Information Available to Court. At the disposition hearing the court, after establishing compliance with the dispositional…

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