Post-disposition reliefRule 8.345
Related statutes: § 39.522 Postdisposition change of custody. · § 39.01375 · § 39.4021 · § 39.4022
29 opinions cite Rule 8.345
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M.M. v. Department of Children & Families 189 So. 3d 134 · SC15-1544 · Florida Supreme Court 2016
· cited by 35 in all courts
Supreme Court held post-dependency orders subject to future modification, such as terminating supervision and limiting visitation, are nonfinal and reviewable by certiorari; Third District affirmed.
…with notice -3- through the submission of a Judicial Review Social Study Report pursuant to Florida Rule of Juvenile Procedure 8.345(b). The district court, however, granted his second claim and thus quashed the trial court’s order to the extent that it limited the Father’s contact with the…
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K.N. v. Department of Children & Families 4D22-2273 · 4th DCA 2023
Denial of intervention to former foster parents affirmed since they were only participants; their appeal of the placement change was dismissed for lack of standing.
…R. Juv. P. 8.210 (emphasis added); see also § 39.01(57), (58), Fla. Stat. (2022). With respect to post-disposition changes of custody, Florida Rule of Juvenile Procedure 8.345 was amended to conform to section 39.522, Florida Statutes (2022), which circumscribes those persons entitled to limited party status for the purposes of…
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M.M. v. Department of Children & Family Services 170 So. 3d 840 · 3D14-2372 · 3rd DCA 2015
· cited by 1 in all courts
Ending agency supervision upheld, but leaving the father's future contact solely to the children's discretion was quashed as barring his statutory right to seek modification.
…father argues the order denied him due process because departmental supervision was terminated without a motion. The father is incorrect. Florida Rule of Juvenile Procedure 8.345(b) states, “[A]ny party can request termination of agency supervision or the jurisdiction of the court by a written motion or in a written report to the…
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R.M. v. Department of Children & Families 19 So. 3d 1029 · 5D09-2087 · 5th DCA 2009
· cited by 5 in all courts
Court held an order denying a post-disposition custody motion is appealable, then granted counsel's no-merit withdrawal and allowed the mother a pro se brief.
…motions are reviewable under rule 9.130. There are two categories of post-disposition orders that are expressly authorized in the Rules of Juvenile Procedure. Rule 8.345 authorizes the filing of a Motion for Modification of Placement and a Motion for Termination of Supervision or Jurisdiction. The order under review in this…
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J.S.C. v. Department of Children & Families 820 So. 2d 441 · 5D02-993 · 5th DCA 2002
…in the Methodist Children’s Home. Seiler had previously filed a petition in the trial court for change of residency of the child, pursuant to Florida Rule of Juvenile Procedure 8.345(a), which allows any interested person to file a motion for modification of placement. When the trial court failed to act, he filed this petition. We agree…
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J.B. v. Department of Children & Families 267 So. 3d 577 · 1D19-0109 · 1st DCA 2019
Certiorari granted in part to quash termination of protective supervision, which was raised orally without notice to the father, violating due process.
…the father was not given notice that the matter would be considered. We reject the father’s other arguments without further comment. Florida Rule of Juvenile Procedure 8.345(b) provides that any party requesting termination of agency supervision must do so by written motion or in a written report to the court. No such request was…
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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.
…ten days before the hearing, recommended in writing that E.G-S. be placed -with her father and that jurisdiction and supervision be terminated. See Fla. R. Juv. P. 8.345(b) (stating that a party seeking to terminate supervision or jurisdiction can do so “by written motion or in a written report to the court ”) (emphasis…
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M.C. v. Department of Children & Family Services 88 So. 3d 1057 · 2D11-4518 · 2nd DCA 2012
Permanent guardianship order reversed because the father received notice only the day of the hearing that a permanency decision would be made.
… 948 So.2d 898, 899 (Fla. 5th DCA 2007). Although the Department filed a written motion requesting termination of supervision as required by Florida Rule of Juvenile Procedure 8.345(b), the father was effectively denied notice that the trial court would be making a permanency determination because the hearing was held the same day that the…
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In re M.V.-B. 19 So. 3d 381 · 2D08-3616 · 2nd DCA 2009
· cited by 11 in all courts
Appeal dismissed: grandparents lack standing, and a postadjudication nonfinal placement order is reviewable only by certiorari, for which the father showed no basis.
…of appeals from nonfinal orders under rule 9.130). Dependency proceedings are actually concluded by an order terminating supervision or jurisdiction. See rule 8.345(b); form 8.972. Accordingly, we hold that the orders entered in dependency proceedings after the entry of the order adjudicating dependency and before an order…
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R.H. v. Department of Children & Family Services 994 So. 2d 1153 · 3D08-623 · 3rd DCA 2008
· cited by 1 in all courts
Grandparents' appeal of a placement change to an aunt and uncle dismissed because they were participants, not parties, and lacked standing.
…SHEPHERD, J. Appellants, R.H. and B.H., seek to appeal an order modifying placementpursuant to section 39.812, Florida Statutes (2007), and Florida Rule of Juvenile Procedure 8.345(a)of G.O., their granddaughter, who thus far has resided with R.H. and B.H. with both Department of Children and Families' (DCF) and court sanction for nearly…
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R.H. v. Department of Children & Families 948 So. 2d 898 · 5D06-1324 · 5th DCA 2007
· cited by 9 in all courts
Closing the case and giving the fathers custody without notice or a written motion violated due process; the case plan noncompliance finding stood.
…hearing without prior notice that permanency would be decided. D.S. v. Dep't of Children & Families, 900 So.2d 628 (Fla. 5th DCA 2005). Florida Rule of Juvenile Procedure 8.345(b) provides that any party requesting termination of supervision or the jurisdiction of the court or both shall do so solely by written motion or in a written…
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C.C. v. Department of Children & Families 732 So. 2d 1125 · DCA98-2852 · District Court of Appeal 1999
· cited by 1 in all courts
…to have the trial court hear her petition, which essentially is a motion for modification of placement. See § 39.41(2)(a)9a, Fla. Stat. (1997) 1 ; Fla. R. Juv. P. 8.345(b); In Interest of C.G., 612 So.2d 602 (Fla. 4th DCA 1992); Rumph v. Interest of V.D., 667 So.2d 998 (Fla. 3d DCA 1996). We trust the trial court…
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A.G. v. Department of Children & Families 721 So. 2d 414 · 4D98-1440 · 4th DCA 1998
· cited by 7 in all courts
…supervision, it follows that a court could not, in the absence of a petition, institute protective supervision without notice. Consistently, Florida Rule of Juvenile Procedure 8.345 provides: (a) Motion for Modification of Placement. A child who has been placed in his or her own home, in the home of a relative, or in some other place,…
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Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996
· cited by 6 in all courts
…the Florida Rules of Juvenile Procedure require such only under Part II.C., not II.B. The May 1993 hearing could be considered as being held pursuant to rule 8.345, Florida Rules of Juvenile Procedure, to which rule 8.320 would apply, even though the trial court considered it as being conducted pursuant to section…
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In Interest of C.G. 612 So. 2d 602 · 4D92-2246 · 4th DCA 1992
· cited by 5 in all courts
…the court granted HRS' motion to dismiss the Wedderburns' petition and ruled that they are not "interested parties." The Wedderburns appeal and argue that rule 8.345(a), Florida Rules of Juvenile Procedure, provides that "any interested person" may petition to modify placement: (a) Motion for Modification of Placement. A…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2020 Fast-Track Report SC20-1153 · Florida Supreme Court 2021
…were given an opportunity to file comments with the Court after the amendments were adopted. One comment was filed suggesting additional amendments to rule 8.345 (Post- Disposition Relief) and requesting further amendments to the Florida Rules of Juvenile Procedure in light of chapter 2020-138, section 10, Laws of…
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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
…(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), and (b); rule 8.510(a)(3) and…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…amend rule 8.305 to delete the language permitting a court to not appoint a guardian ad litem if it “finds representation unnecessary.” Next, we amend rule 8.345 by creating a new subdivision (a), titled “Emergency Motion for Modification of Placement.” The new subdivision outlines the procedure for a case manager,…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022
…or well-being and that may result in restoration of communication and visitation if such services are available. -3- Rule 8.345 (Post-Disposition Relief) is amended to conform with recent legislative changes to section 39.522, Florida Statutes, which now provides that a hearing must…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022
…or well-being and that may result in restoration of communication and visitation if such services are available. -3- Rule 8.345 (Post-Disposition Relief) is amended to conform with recent legislative changes to section 39.522, Florida Statutes, which now provides that a hearing must…
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In re Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report SC20-1153-2 · Florida Supreme Court 2020
…of Persons on Active Military Duty in Dependency Proceedings), which addresses service of a person on active military duty. Next, we amend rule 8.345 (Post-Disposition Relief), to address legislative changes made to section 39.522, Florida Statutes, by chapter 2020-138, section 5, …
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes (2012). Subdivision (b) of rule 8.345 (Post-Disposition Relief) is amended to provide that jurisdiction does not terminate at age eighteen if the court has extended jurisdiction over the child, as…
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Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002
· cited by 1 in all courts
…The Committee has proposed amendments to Florida Rules of Juvenile Procedure 8.030, 8.031, 8.085, 8.110, 8.185, 8.201, 8.210, 8.225, 8.245, 8.255, 8.265, 8.275, 8.345, 8.525, and 8.635, and Florida Rules of Juvenile Procedure Forms 8.959, 8.960, 8.967, and 8.979. Further, the Committee has proposed new Form 8.929, Detention…
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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
…and citation changes which, in large part, we have incorporated into the rules and forms at issue. We have also sua sponte amended proposed language in rule 8.345(a) (“Motion for Modification of Placement”) to reference not only parents and legal custodians but also any appointed guardians ad litem or attorneys ad litem. …
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In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…comply with the case plan, their parental rights may be terminated and the child’s out-of-home placement may become permanent. (e) [No Changes] RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. At any time before a child is residing in the permanent placement approved…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018
…disposition hearing to review and approve the case plan. Committee Notes [No Change] RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. A child who has been placed in his or her own home, in the home of a…
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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
…hearing, the court must set a hearing within 30 days after the disposition hearing to review and approve the case plan. ■ Committee Notes [No Change] RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. A child who has been placed in his or . her own home, in the home of a relative, or in…
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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
…as placement for the child. The parent or parents shallmust provide to the court and all parties identification and location information for the relatives. RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. A child who has been placed in his or her own home, in the home of a…
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In re Amendments to the Florida Rules of Juvenile Procedure 123 So. 3d 1128 · SC13-1354 · Florida Supreme Court 2013
· cited by 1 in all courts
…of the availability of private placement of the child with an adoption entity as defined in Chapter 63, Florida Statutes. Committee Notes [No Change] RULE 8.345. POST-DISPOSITION RELIEF (a) Motion for Modification of Placement. A child who has been placed in his or her own home, in the home of a relative, or in some…
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(a) Emergency Motion for Modification of Placement.
(1) A child’s case manager, an authorized agent of the department, or a law enforcement officer may, at any time, remove a child from a court-ordered placement and take the child into custody as provided by law.
(2) If, at the time of the removal, the child was not placed in licensed care in the department’s custody, the department must file a motion to modify placement within 1 business day after the child is taken into custody.
(3) The court must set a hearing within 24 hours after the motion is filed unless all of the parties and the caregiver agree to the change of placement.
(4) At the hearing, the court must determine if the department has established probable cause to support the immediate removal of the child from his or her current placement. The court may base its determination on a sworn petition or affidavit or on testimony and may hear all relevant and material evidence, including oral or written reports, to the extent of their probative value, even if such evidence would not be competent evidence at an adjudicatory hearing.
(5) If the caregiver admits that a change of placement is needed or the department establishes probable cause to support removal of the child, the court must enter an order changing the placement of the child. The new placement for the child must meet the home study criteria in this chapter if the child is not placed in foster care. The court must then conduct a hearing pursuant to subdivision (b) unless such hearing is waived by all parties and the caregiver.
(6) If the court finds that the department did not establish probable cause to support the removal of the child from his or her placement, the court must enter an order that the child be returned to such placement. An order by the court to return the child to his or her placement does not preclude a party from filing a subsequent motion pursuant to this rule.
(b) Motion for Modification of Placement. At any time before a child is residing in the permanent placement approved at the permanency hearing, a child who has been placed in his or her own home, in the home of a relative, or in some other place, under the supervision or legal custody of the department, may be brought before the court by the department or any interested person on a motion for modification of placement. The court may enter an order making the change in placement without a hearing unless a party or the current caregiver objects to the change. If any party or the current caregiver objects to the change of placement, the court must conduct a hearing and thereafter enter an order changing the placement, modifying the conditions of placement, continuing placement as previously ordered, or placing the child with the department or a licensed child-caring agency.
(1) In cases in which the issue before the court is whether a child should be reunited with a parent, and the child is currently placed with someone other than a parent, the court must review the conditions for return and determine whether the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.
(2) In cases in which the issue before the court is whether a child who is placed in the custody of a parent should be reunited with the other parent upon a finding that the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home of the other parent with an in-home safety plan prepared or approved by the department will not be detrimental to the child, the court must determine that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child.
(c) Standard for Changing Custody.
(1) Generally. The standard for changing custody of the child must be the best interests of the child as provided by law. When determining whether a change of legal custody or placement is in the best interests of the child, the court must consider the best interests factors provided by law, the report filed by the multidisciplinary team, if applicable, and the priority of placements as provided by law, or as otherwise provided by law.
(2) Rebuttable presumption.
(A) In a hearing on a change of physical custody when the child has been in the same safe and stable placement for 9 consecutive months or more, a rebuttable presumption that it is in the child’s best interest to remain permanently in his or her current placement applies as required by law.
(B) A caregiver who objects to the department’s official position on the change in physical custody must notify the court and the department of his or her objection and the intent to request an evidentiary hearing in writing within 5 days after receiving notice of the department’s official position.
(C) Within 7 days after receiving written notice from the caregiver, the court must conduct an initial case status hearing, at which time the court must:
(i) grant limited purpose party status to the current caregiver who is seeking permanent custody and has maintained physical custody of that child for at least 9 continuous months for the limited purpose of filing a motion for a hearing on the objection and presenting evidence under this rule;
(ii) advise the caregiver of his or her right to retain counsel for purposes of the evidentiary hearing; and
(iii) appoint a court-selected neutral and independent licensed professional with expertise in the science and research of child-parent bonding.
(D) The court must conduct the evidentiary hearing and provide a written order of its findings regarding the placement that is in the best interest of the child no later than 90 days after the date the caregiver provided written notice to the court. The court must provide its written order to the department, the caregiver, and the prospective caregiver.
(3) Reunification.
(A) In cases in which the issue before the court is whether a child should be reunited with a parent, and the child is currently placed with someone other than a parent, the court must review the conditions for return and determine whether the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.
(B) In cases in which the issue before the court is whether a child who is placed in the custody of a parent should be reunited with the other parent on a finding that the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home of the other parent with an in-home safety plan prepared or approved by the department will not be detrimental to the child, the court must determine that the safety, well-being, and physical, mental, and emotional health of the child would not be endangered by reunification and that reunification would be in the best interest of the child.
(4) Removal from Home. In cases in which the issue before the court is whether to place a child in out-of-home care after the child was placed in the child’s own home with an in-home safety plan or the child was reunified with a parent or caregiver with an in-home safety plan, the court must consider, at a minimum, the following factors in making its determination whether to place the child in out-of-home care:
(A) the circumstances that caused the child’s dependency and other subsequently identified issues;
(B) the length of time the child has been placed in the home with an in-home safety plan;
(C) the parent’s or caregiver’s current level of protective capacities; and
(D) the level of increase, if any, in the parent’s or caregiver’s protective capacities since the child’s placement in the home based on the length of time the child has been placed in the home.
(d) Change of Permanency Goal. The court must additionally evaluate the child's permanency goal and change the permanency goal as needed if doing so would be in the best interests of the child. If the court changes the permanency goal, the case plan must be amended under law.
(e) Motion for Termination of Supervision or Jurisdiction. Any party requesting termination of agency supervision or the jurisdiction of the court or both must do so by written motion or in a written report to the court. The court must hear all parties present and enter an order terminating supervision or terminating jurisdiction and supervision or continuing them as previously ordered. The court must not terminate jurisdiction unless the child is returned to the parent and has been in the placement for at least 6 months, the child is adopted, or the child attains the age of 18, unless the court has extended jurisdiction.
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. 2022-02-03 Amended · 345 So. 3d 729
- Eff. 2016-01-01 Amended · 175 So.3d 263
- Eff. 2013-10-03 Amended · 123 So.3d 1128
- Eff. 2013-07-01 Amended · 115 So.3d 286
- Eff. 2003-01-01 Amended · 827 So.2d 219
- 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)
2022 Amendment. Multiple sections of this rule were amended in response to ch. 2021-169, Laws of Florida.