Dependency Law Finder

1. Guardian ad Litem Program v. In the Interest of K.D. 864 So. 2d 1213 · 4D03-2312 · 4th DCA 2004

   Affirmed in part, reversed in part This opinion cites Rule 8.500 7 times: (a)(2), (f)

   After DCF dismissed its termination petition, the guardian ad litem could adopt it and get a new hearing, but the father need not be re-served.

   …as to the father. The Guardian noticed all parties and the court that it would be adopting the petition against the father, pursuant to Florida Rule of Juvenile Procedure 8.500(f). The Guardian essentially sought to jump into the middle of the case and step into the shoes of the Department, so that the case could proceed without…

2. C.M. v. Roberts 825 So. 2d 985 · 5D01-1464 · 5th DCA 2002

   Affirmed This opinion cites Rule 8.500 3 times: (f), and the section generally

   Termination affirmed: relatives' early notice adopting DCF's dismissed petition kept jurisdiction, denying a defense expert was no abuse, bias claim unpreserved, and evidence sufficed.

   …this court to hold that the filing of a premature notice of intent is insufficient to constitute a timely adoption. We refuse to do so. Florida Rule of Juvenile Procedure 8.500(f) provides: Rule 8.500 Petition [[Image here]] (f) Voluntary Dismissal. The petitioner, without leave of the court, at any time before entry of an order…

3. M.K. v. Department of Children & Families 4D2023-1044 · 4th DCA 2023

   Affirmed This opinion cites Rule 8.500 2 times: (a)(2)

   Denial of party status and intervention to a foster mother affirmed; her termination petition did not make her a party, and juvenile rules bar intervention.

   …of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.310(a)(1) (“A dependency petition may be filed as provided by law.”); Fla. R. Juv. P. 8.500(a)(2) (“A petition for termination of parental rights may be filed at any time by . . . any person having knowledge of the facts.”). The juvenile rules also…

4. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

   Reversed & remanded This opinion cites Rule 8.500 2 times: (a)(2), (b)(4)

   Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

   …to the chapter 39 TPR statutes). A petition filed in a chapter 39 TPR proceeding “shall be titled a petition for termination of parental rights,” Fla. R. Juv. P. 8.500(a)(2), and “styled: ‘In the interest of ___, a child,’ or: ‘In the interest of ___, children,’” Fla. R. Juv. P. 8.220; see also Form 8.901, Fla. R. Juv. P. The…

5. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

   Affirmed This opinion cites Rule 8.500 1 time, the section generally

   · cited by 37 in all courts

   Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

   …(Rule 8.305), the Dependency Petition (Rule 8.310), the Case Plan (Rules 8.400, 8.401 and 8.410), and finally the Termination of Parental Rights Petition (Rule 8.500). Judicial reviews are provided for by statute, section 39.701, and embedded throughout the process (Rule 8.415). For termination to occur, section…

6. A.A. v. Department of Children & Families 972 So. 2d 1116 · 4D07-1389 · 4th DCA 2008

   Affirmed This opinion cites Rule 8.500 1 time: (g)(1)

   · cited by 1 in all courts

   Termination affirmed because the mother's surrender, signed in open court after a thorough voluntariness inquiry, was valid and needed no second inquiry.

   …expressly authorizes voluntary parental surrender of rights, providing for two witnesses of the document and oath before a notary public. Moreover, rule 8.500(g)(1) provides that parents may consent to termination of parental rights at any time "on the record." In this instance, the document was executed in open court…

7. S.D. v. Department of Children & Families 967 So. 2d 1016 · 4D07-2617 · 4th DCA 2007

   Reversed This opinion cites Rule 8.500 1 time: (a)(1)

   Termination reversed because no termination petition was ever filed, so the court's jurisdiction was not invoked; DCF may file a new petition.

   …proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition”); Fla. R. Juv. Pro. 8.500(a)(1) (“All proceedings seeking the termination of parental rights to a child shall be initiated by the filing of an original petition in the pending dependency…

8. Department of Children & Families v. A.S. 927 So. 2d 204 · 5D05-2906 · 5th DCA 2006

   Affirmed in part, reversed in part This opinion cites Rule 8.500 1 time: (g)

   · cited by 5 in all courts

   Dismissal of prior-sibling ground reversed because termination by consent after nonappearance is still involuntary; dismissal of the continuing-involvement ground affirmed.

   …his or her children to the State."). For example, in C.B. v. B.C., 851 So.2d 847, 848 (Fla. 5th DCA 2003), we recognized that Florida Rules of Juvenile Procedure 8.500(g) and 8.520(c) "are two rules of juvenile procedure that speak to a parent's voluntary relinquishment of parental rights in the course of a termination…

9. C.B. v. B.C. 851 So. 2d 847 · 5D03-76 · 5th DCA 2003

   Reversed & remanded This opinion cites Rule 8.500 1 time: (g)

   · cited by 3 in all courts

   Termination order vacated because when a parent consents mid-proceeding the court must identify the acts causing termination, not rely on the surrender alone.

   …rules of juvenile procedure that speak to a parent’s voluntary relinquishment of parental rights in the course of a termination proceeding. Florida Rule of Juvenile Procedure 8.500(g) provides: (1) The parents of the child may consent to the petition for termination of parental rights at any time, in writing or orally, on the record. *…

10. L.O. v. Department of Children & Family Services 807 So. 2d 810 · 4D01-3359 · 4th DCA 2002

    Reversed & remanded This opinion cites Rule 8.500 1 time, the section generally

    · cited by 4 in all courts

    Termination based on the mother's consent in a criminal plea reversed because no adjudicatory hearing was held at which she could challenge the consent.

    …a licensed child-placing agency, or any other person who has knowledge of the facts alleged and believes them to be true. § 39.802(1), Fla. Stat. (1999); Fla. R. Juv. P. 8.500. An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the…

11. Department of Health & Rehabilitative Services v. S.H. 666 So. 2d 1039 · DCA95-1094 · District Court of Appeal 1996

    This opinion cites Rule 8.500 1 time: (b)

    · cited by 1 in all courts

    …E.H. on the ground that HRS had alleged in its petitions only that the mother failed to comply substantially with her performance agreements. Florida Rule of Juvenile Procedure 8.500(b) provides that the only substantive allegation required in a termination petition, aside from the parents’ and child’s identities, etc., is that “the parents…

12. Lupinek v. Firth 619 So. 2d 379 · 5D92-2936 · 5th DCA 1993

    This opinion cites Rule 8.500 1 time: (b)

    · cited by 2 in all courts

    …the petitioner's Motion for Termination of Parental Rights a "nullity", is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child's Guardian Ad Litem, had the authority to file a petition to terminate parental rights. The petition may have been defective but it…

13. 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 8.500 4 times: (a)(2), (b)(3), (g)(2), and the section generally

    · cited by 1 in all courts

    …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 the 1998 statutory changes nor merely clarifying or…

14. In re Amendments to the Florida Rules of Juvenile Procedure 101 So. 3d 368 · SC12-1605 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.500 2 times, the section generally

    · cited by 1 in all courts

    …the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments to rules 8.201, 8.425, 8.500, and 8.510, and form 8.980 shall take effect immediately upon the release of this opinion. The amendment to rule 8.415 will take effect on January 1, 2013, at…

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

    Rule amendment This opinion cites Rule 8.500 2 times, the section generally

    · cited by 1 in all courts

    …a licensed child-placing agency for adoption. This amendment conforms the rule to section 39.812(1), Florida Statutes (2004). We amend subdivision (a)(2) of rule 8.500, Petition, to delete “a licensed child-placing agency” from the list of those who may file a petition to terminate parental rights, thereby conforming the…

16. In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.500 1 time, the section generally

    · cited by 12 in all courts

    …ADJUDICATION, AND DISPOSITION RULE 8.310.-RULE 8.355. [No Change] D.CASE PLANS RULE 8.400.-RULE 8.430. [No Change] E.TERMINATION OF PARENTAL RIGHTS RULE 8.500.-RULE 8.535. [No Change] PART HDV. PROCEEDINGS FOR FAMILIES AND CHILDREN IN NEED OF SERVICES RULE 8.601.-RULE 8.685. [No Change] RULE 8.690. DISPOSITION…

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

    Rule amendment This opinion cites Rule 8.500 1 time, the section generally

    · cited by 8 in all courts

    …commencement of a termination of parental rights proceeding if the parents are not in compliance. The court also is permitted to extend or modify the plan. RULE 8.500. PETITION (a) Initiation of Proceedings. (1) All proceedings seeking the termination of parental rights to a child shall be initiated by the filing of an…

18. In re Amendments to the Florida Rules of Juvenile Procedure 661 So. 2d 800 · SC85584 · Florida Supreme Court 1995

    Rule amendment This opinion cites Rule 8.500 1 time, the section generally

    …a hearing within 45 days, lists the criteria the court must consider in reviewing the agreement or plan, and provides procedures following the hearing. RULE 8.500. PETITION (a) Initiation of Proceedings. (1) All proceedings seeking the termination of parental rights to a child shall be initiated by the fifing of an…

No opinion cites this provision by number.

Show all cases

No admin code rule cites Rule 8.500.

Show all rules

No CFOP cites Rule 8.500.

Show all CFOPs