Dependency Law Finder

1. M.J.W. v. Department of Children & Families 825 So. 2d 1038 · 1D01-4074 · 1st DCA 2002

   Reversed & remanded This opinion cites Rule 8.505 8 times: (a)(1), (c), and the section generally

   · cited by 13 in all courts

   Termination reversed because the Department served the mother neither personally nor by publication; an avoidance-of-service affidavit and actual notice were insufficient.

   …mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1) and (c). As a result of our holding on the service issue, we do not address the other issues raised by the mother. On September 23, 1998, the Department…

2. J.M. v. Department of Children & Families 833 So. 2d 279 · 5D02-2375 · 5th DCA 2002

   Reversed & remanded This opinion cites Rule 8.505 7 times: (a), (c), and the section generally

   · cited by 2 in all courts

   Termination reversed because publication notice ran fewer than 28 days before the advisory hearing and notice to the mother's attorney could not replace personal service.

   …failure to personally appear shall constitute consent for termination of parental rights by the person given notice .... (emphasis supplied) Florida Rule of Juvenile Procedure 8.505 contains virtually the same provisions. J.M. could not be located and thus the Department attempted to serve her through publication of the notice in a…

3. Department of Children & Families v. J.J.E. 953 So. 2d 659 · 5D06-1797 · 5th DCA 2007

   Affirmed This opinion cites Rule 8.505 3 times: (a)(1), (c), and the section generally

   · cited by 2 in all courts

   Order voiding the father's termination affirmed because DCF failed to conduct a diligent search before serving him by publication.

   … M.J.W. v. Dep't of Children & Families, 825 So.2d 1038, 1040 (Fla. 1st DCA 2002). Section 39.801, Florida Statutes (2006), and Florida Rules of Juvenile Procedure 8.505 govern the procedure for giving notice and serving process with respect to a petition to terminate parental rights. Section 39.801(3)(a)1. and rule…

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

   Reversed & remanded This opinion cites Rule 8.505 2 times: (a), (b)

   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.

   …has not already been appointed. § 39.808(2), Fla. Stat. Both the petition and the notice of the advisory hearing must be personally served on the parent. Fla. R. Juv. P. 8.505(a). Both the statute and the rule require that the notice contain readily apparent text that is substantially similar to the following: FAILURE TO…

5. S.S. v. Department of Children & Families 735 So. 2d 576 · 2D98-04841 · 2nd DCA 1999

   This opinion cites Rule 8.505 2 times: (b)

   …language generally conformed to the notice requirements of section 39.462(l)(a), Florida Statutes (1997), and the pre-Octo-ber 1998 version of Florida Rule of Juvenile Procedure 8.505(b). 1 Effective October 1, 1998 — four weeks before S.S. received the notice containing the foregoing language — the legislature altered the requirement for…

6. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

   Affirmed This opinion cites Rule 8.505 1 time, the section generally

   On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

   …and 4) providing for the child, through the Guardian Ad Litem, to be served with process, be present at and participate in proceedings, see Fla. R. Juv. P. 8.505, 8.215. Finally, the statutory scheme by which a parent may voluntarily surrender her parental rights, permits such a procedure only if: the Department…

7. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

   Affirmed in part, reversed in part This opinion cites Rule 8.505 1 time, the section generally

   Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

   …and 4) providing for the child, through the Guardian Ad Litem, to be served with process, be present at and participate in proceedings, see Fla. R. Juv. P. 8.505, 8.215. 11 Finally, the statutory scheme by which a parent may voluntarily surrender her parental rights, permits…

8. J.P. v. Department of Children & Families 100 So. 3d 271 · 1D12-3018 · 1st DCA 2012

   This opinion cites Rule 8.505 1 time, the section generally

   …Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801, 49.09 and 49.10, Florida Statutes, and with rule 8.505, Florida Rules of Juvenile Procedure. See J.M. v. Dep’t. of Children & Families, 833 So.2d 279 (Fla. 5th DCA 2002); In Interest of D. P., 595 So.2d…

9. Justice Administrative Commission v. Berry 5 So. 3d 696 · 3D08-2541 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites Rule 8.505 1 time: (c)

   · cited by 5 in all courts

   Orders making the Justice Administrative Commission pay appointed counsel for nonappearing putative fathers quashed because indigency was never determined and estoppel did not apply.

   …Fla. Stat. (2007) (providing that if notice cannot be served personally, “service of process must be made as specified by law or civil actions”); Fla. R. Juv. P. 8.505(c) (providing for service by publication in termination of parental rights proceedings for “[p]arties whose identities are known and on whom personal service of…

10. O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008

    Reversed & remanded This opinion cites Rule 8.505 1 time: (b)

    · 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.

    …the statutes and rules governing dependency and termination of parental rights cases. §§ 39.506(3), 39.801(3)(d), Fla. Stat. (2007); Fla. R. Juv. P. 8.330(c), 8.505(b), 8.510(a)(3), 8.525(d). Thus, the provision is an important part of the statutory framework for these proceedings. I believe that courts must honor the…

11. S.S. v. Department of Children & Family Services 976 So. 2d 41 · 3D06-3083 · 3rd DCA 2008

    Reversed & remanded This opinion cites Rule 8.505 1 time: (b)

    · cited by 3 in all courts

    Termination reversed because DCF did not prove personal service of the statutory warning notice; even after default, DCF must still prove grounds.

    …judgment also refer to outdated and renumbered statutory provisions. . Personal service of the notice also was (and is) required by Florida Rule of Juvenile Procedure 8.505(b).

12. J.M. v. Department of Children & Families 938 So. 2d 620 · 5D05-3544 · 5th DCA 2006

    Reversed & remanded This opinion cites Rule 8.505 1 time: (a)(1)

    · cited by 3 in all courts

    Denial of the motion to set aside the default termination was reversed because DCF's search was not diligent, making service by publication invalid.

    …unless personal service "cannot be had" after diligent search and inquiry, in which case constructive service is authorized. § 49.021, Fla. Stat. (2005); Fla. R. Juv. P. 8.505(a)(1); M.J.W. v. Dep't of Children & Families, 825 So. 2d 1038, 1040-41 (Fla. 1st DCA 2002). When constructive service is employed, however, strict statutory…

13. In re W.C. 797 So. 2d 1273 · 1D01-1534 · 1st DCA 2001

    Affirmed This opinion cites Rule 8.505 1 time: (b)

    · cited by 5 in all courts

    Termination affirmed: under the amended statute a parent's failure to personally appear at the advisory hearing is consent, even if his attorney attended.

    …that was personally served on M.C. in New Jersey where he resides contained the following language, as required in section 39.801(3)(a) and Florida Rule of Juvenile Procedure 8.505(b): [F]ailure to personally appear at this advisory hearing constitutes consent to the termination of parental rights of this child (or children). If you…

14. S.B. v. Department of Children & Families 775 So. 2d 356 · 2D00-1529 · 2nd DCA 2000

    Reversed & remanded This opinion cites Rule 8.505 1 time: (a)(1)

    Termination reversed on the State's concession because the mother was served only by certified mail, not personally with the petition and advisory hearing notice.

    …with a termination petition and notice of an advisory hearing. We reverse. Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1), a parent in a termination proceeding must be personally served with a petition and notice of an advisory hearing. See M.E. v. Department of Children &…

15. J.B. v. Department of Children & Family Services 734 So. 2d 498 · 1D98-1310 · 1st DCA 1999

    This opinion cites Rule 8.505 1 time: (a)(1)

    · cited by 6 in all courts

    …provides that "[b]efore the court may terminate parental rights" the parent must be personally served with a notice of the advisory hearing. See also Fla. R. Juv. P. 8.505(a)(1). Furthermore, this statute requires that the notice include a warning in the following or substantially similar language: "FAILURE TO RESPOND TO THIS NOTICE…

16. M.E. v. Department of Children & Families 728 So. 2d 367 · 3D97-1838 · 3rd DCA 1999

    This opinion cites Rule 8.505 1 time: (a)

    · cited by 11 in all courts

    …her personally with notice of the TPR trial date, even though counsel had been appointed for the mother. The mother's argument is incorrect. Florida Rule of Juvenile Procedure 8.505(a) requires personal service of the petition for termination of parental rights along with notice of the date, time, and place of the advisory hearing. [2] …

17. In Interest of A.L. 711 So. 2d 600 · 2D96-02815 · 2nd DCA 1998

    This opinion cites Rule 8.505 1 time, the section generally

    · cited by 12 in all courts

    …judgments. The only rule that addresses the situation where a parent fails to appear for a hearing in a termination of parental rights case is Florida Rule of Juvenile Procedure 8.505 (1995). However, that rule only relates to the advisory hearing, not the adjudicatory hearing. [3] Therefore, the default judgment, entered upon C.D.'s…

18. In Interest of M.M. 708 So. 2d 990 · 2D97-00329 · 2nd DCA 1998

    This opinion cites Rule 8.505 1 time: (d)

    · cited by 4 in all courts

    …at the hearing, both the statutes and rules state that their inaction would be treated as consent to the termination. § 39.462(1)(a), Fla. Stat. (1995); Fla. R. Juv. P. 8.505(d). Once the parents requested counsel at the advisory hearing, they had a constitutional right to legal representation at the subsequent hearings. See In…

19. O.M. v. Department of Children & Families 708 So. 2d 990 · 2D97-00329-2 · 2nd DCA 1998

    This opinion cites Rule 8.505 1 time: (d)

    · cited by 6 in all courts

    …at the hearing, both the statutes and rules state that their inaction would be treated as consent to the termination. § 39.462(l)(a), Fla. Stat. (1995); Fla. R. Juv. P. 8.505(d). Once the parents requested counsel at the advisory hearing, they had a constitutional right to legal representation at the subsequent hearings. See In…

20. B.G. v. Department of Health & Rehabilitative Services 611 So. 2d 71 · DCA92-2973 · District Court of Appeal 1992

    This opinion cites Rule 8.505 1 time, the section generally

    · cited by 1 in all courts

    …and the error *72 was adequately preserved by timely objection to such jurisdiction. The summons issued and served did not include the language required by rule 8.505, Florida Rules of Juvenile Procedure, to adequately advise the parent of the consequences of not responding and appearing at the stipulated date and time. 1 …

21. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.505 8 times, the section generally

    · cited by 7 in all courts

    …rule 8.410 (Approval of Case Plans) is amended to require the court to review the contents of the case plan at the disposition or case plan review hearing. Rule 8.505 governs process and service of process in termination of parental rights proceedings, including constructive service. Subdivision 8.505(c) is amended to…

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

    Rule amendment This opinion cites Rule 8.505 4 times, the section generally

    · cited by 1 in all courts

    …(2004), which was amended in 2001 to remove “licensed child-placing agency” from the list. See ch.2001-03, § 2, at 7, Laws of Fla. Subdivision (a)(5) of rule 8.505, Process and Service, is amended to require notice to grandparents of termination of parental rights pending adoption proceedings as provided by law. The…

23. 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 8.505 4 times: (a)(2), (a)(7), (b), and the section generally

    · cited by 1 in all courts

    …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 (b); rule 8.515(a)(2) and (a)(4)-(5); rule 8.520(d); rule 8.525(i)(A); and rule 8.535(c). We accordingly adopt the…

24. In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023

    Rule amendment This opinion cites Rule 8.505 3 times, the section generally

    …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” in conjunction with…

25. Amendments to the Rules of Juvenile Procedure 796 So. 2d 468 · SC00-1699 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites Rule 8.505 2 times, the section generally

    Supreme Court adopted new juvenile rule on attorneys ad litem and amended the shelter, case plan and TPR service rules to account for them.

    …Court proposed amendments to the Rules of Juvenile Procedure, recommending an entirely new rule 8.217 and recommending changes to existing rules 8.305, 8.400, and 8.505. 1 This Court published the proposed amendments for comment in the October 1, 2000, edition of The Florida Bar News, but no comments were filed in…

26. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.505 1 time, the section generally

    …first, the court must hold hearings pursuant to these rules every 6 months to review the progress being made toward permanency for the child. RULE 8.505. PROCESS AND SERVICE (a) Personal Service. On the filing of a petition requesting the termination of parental rights, a copy of the petition and…

27. 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 8.505 1 time, the section generally

    …of the child’s attorney. The guardian ad litem may be excused by the court for good cause shown. (9)-(11) [No Change] (b)-(d) [No Change] RULE 8.505. PROCESS AND SERVICE (a) Personal Service. On the filing of a petition requesting the termination of parental rights, a copy of the petition and…

28. 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 8.505 1 time, the section generally

    …over the young adult. - 14 - (2) – (3) [No Change] (b) – (c) [No Change] RULE 8.505. PROCESS AND SERVICE (a) Personal Service. On the filing of a petition requesting the termination of parental rights, a copy of the petition…

29. 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 8.505 1 time, the section generally

    …to foster care,, the department shall petition the court to reinstate jurisdiction over the young adult. (2)—(3) [No Change] (b)-(c) [No Change] RULE 8.505. PROCESS AND SERVICE (a) Personal Service. On the filing of a petition requesting the termination of parental rights, a copy of the .petition and notice…

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

    Rule amendment This opinion cites Rule 8.505 1 time, the section generally

    · cited by 8 in all courts

    …proceedings such as provisions for an advisory hearing within 14 days and the requirement that a petition show proof of admission or consent, if alleged. RULE 8.505. PROCESS AND SERVICE (a) Personal Service. Upon the filing of a petition requesting the termination of parental rights a copy of the petition and notice of…

31. 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 8.505 1 time, the section generally

    …proceedings such as provisions for an advisory hearing within 14 days and the requirement that a petition show proof of admission or consent, if alleged. RULE 8.505. ' SUMMONS AND NO-TICEPROCESS AND SERVICE (a) Personal Service. Upon the filing of a pleadingpetition requesting the termination of parental rights a…

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