Dependency Law Finder

1. R.A. v. Department of Children & Families 83 So. 3d 841 · 5D11-1504 · 5th DCA 2011

   Reversed & remanded This opinion cites Rule 8.510 5 times: (a)(1), (a)(2), (a)(3), (a)(5)

   Termination reversed: defaulting the father for missing a third advisory hearing was fundamental error, and abandonment was unproven; new hearing allowed.

   …fails to appear at a TPR advisory or adjudicatory hearing, the trial court can deem the default a consent to the termination. See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d); D.M. v. Dep’t of Children & Families, 921 So.2d 737, 739 (Fla. 5th DCA 2006). However, the only two types of TPR proceedings during which a…

2. W.K. v. Department of Children & Families 832 So. 2d 229 · 5D01-3717 · 5th DCA 2002

   Affirmed This opinion cites Rule 8.510 5 times: (a)(4), and the section generally

   · cited by 1 in all courts

   Termination affirmed; notice of trial to the mother's attorney sufficed, she failed to keep in contact, and counsel sought no continuance, leaving the issue unpreserved.

   …She contends that since she appeared at the advisory hearing to personally contest the termination of her parental rights, pursuant to Florida Rule of Juvenile Procedure 8.510(a)(4), the trial court was required to set the date and time of the adjudicatory hearing during the advisory hearing. W.K. further maintains that, because the trial…

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

   Reversed & remanded This opinion cites Rule 8.510 1 time: (a)

   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.

   …with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.” § 39.808(1), (4), Fla. Stat.; see also Fla. R. Juv. P. 8.510(a). At the hearing, the trial court must inform the parties of their rights, appoint counsel as required by law, and appoint the 2 See also Fla. Dep’t of…

4. A.F. v. Department of Children & Families 178 So. 3d 899 · 3D14-1382 · 3rd DCA 2014

   Affirmed This opinion cites Rule 8.510 1 time: (a)(2)(D)

   Termination affirmed; failing to appoint a guardian ad litem was not fundamental error since the unobjected-to attorney ad litem actively represented the child's best interests.

   …Child’s best interests. In support of her position, the Mother directs this Court to section 39.808(2) of the Florida Statutes (2012) and Florida Rule of Juvenile Procedure 8.510(a)(2)(D), both of which require the trial court to appoint a guardian ad litem for the Child. The statutes are clear on this point, and the trial court clearly erred…

5. F.M. v. Department of Children & Families 95 So. 3d 378 · 3D12-891 · 3rd DCA 2012

   Reversed & remanded This opinion cites Rule 8.510 1 time: (a)(3)

   · cited by 2 in all courts

   Default termination reversed because the court did not inquire why the out-of-state father, who appeared by phone, could not appear in person.

   …shall constitute consent for termination of parental rights by the person given notice.” “It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide statutory and procedural authority for the court to accept a parent’s failure to appear at an advisory hearing as constructive consent to termination…

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

   Reversed & remanded This opinion cites Rule 8.510 1 time: (a)(3)

   · 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.

   …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 legislative…

7. 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 8.510 1 time: (a)(3)

   · 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.

   … S.C. v. Dep't of Children & Families, 877 So.2d 831, 832 (Fla. 4th DCA 2004) ("Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of Juvenile Procedure 8.510(a)(3), provide statutory and procedural authority for the court to accept a parent's failure to appear at an advisory hearing as constructive consent to termination…

8. B.H. v. Department of Children & Families 882 So. 2d 1099 · 4D04-191 · 4th DCA 2004

   Reversed & remanded This opinion cites Rule 8.510 1 time: (a)(3)

   · cited by 16 in all courts

   Termination reversed because the out-of-state father's telephone appearance, on short notice, counted as personal appearance and implied consent should not have been found.

   …of section 39.801(3)(d). Thus, the trial court abused its discretion in entering a default. It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide statutory and procedural authority for the court to accept a parent's failure to appear at an advisory hearing as constructive consent to termination…

9. S.C. v. Department of Children & Families 877 So. 2d 831 · 4D03-4669 · 4th DCA 2004

   Affirmed This opinion cites Rule 8.510 1 time: (a)(3)

   · cited by 7 in all courts

   Termination by constructive consent affirmed because the out-of-state mother gave contradictory, not credible excuses for missing the agreed telephone appearance; telephone appearance was permissible.

   … Rathburn v. Dep't of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of Juvenile Procedure 8.510(a)(3), provide statutory and procedural authority for the court to accept a parent's failure to appear at an advisory hearing as constructive consent to termination…

10. In re C.D. 867 So. 2d 405 · 2D03-2638 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.510 1 time: (2)

    · cited by 1 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …and remanded. WHATLEY and CANADY, JJ., Concur. NOTES [1] See Fla. R. Juv. P. 8.305(b)(6). [2] See Fla. R. Juv. P. 8.320. [3] See Fla. R. Juv. P. 8.510(2).

11. T.E.D. v. Department of Children & Family Services 867 So. 2d 405 · 2D03-2638-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.510 1 time: (2)

    · cited by 3 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    … Reversed and remanded. WHATLEY and CANADY, JJ., Concur. . See Fla. R. Juv. P. 8.305(b)(6). . See Fla. R. Juv. P. 8.320. .See Fla. R. Juv. P. 8.510(2).

12. C.M. v. Department of Children & Family Services 854 So. 2d 777 · 4D03-1166 · 4th DCA 2003

    Affirmed This opinion cites Rule 8.510 1 time: (a)(2)(C)

    · cited by 20 in all courts

    Termination affirmed; failure to appoint a guardian ad litem was error but not fundamental when the mother never objected.

    …Statutes (2002), requires the court to appoint a guardian ad litem to represent a child's best interest in any termination proceeding. To the same effect is Rule 8.510(a)(2)(C), Florida Rules of Juvenile Procedure. In this case, the trial court did not appoint a guardian ad litem. While the parents did not request the appointment of…

13. G.S. v. Department of Children & Family Services 838 So. 2d 1221 · 3D02-1624 · 3rd DCA 2003

    Reversed & remanded This opinion cites Rule 8.510 1 time: (a)(2)(C)

    · cited by 3 in all courts

    Termination reversed because the trial court never appointed a guardian ad litem for the child as the statute and rules require.

    …to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights proceeding, if one has not already been appointed. Rule 8.510(a)(2)(C), Florida Rules of Juvenile Procedure (2000), also requires the court to appoint a guardian ad litem if one has not already been appointed. In this case, the…

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

    Reversed & remanded This opinion cites Rule 8.510 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.

    …copy of the petition and notice of the advisory hearing, at which the court shall inform the parties of their rights. § 39.808(1),(2), Fla. Stat. (1999); Fla. R. Juv. P. 8.510. Thereafter, the court is to hold an adjudicatory hearing at which the court is to determine "whether or not the facts support the allegations stated in the…

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

    This opinion cites Rule 8.510 1 time, the section generally

    · cited by 6 in all courts

    …(2) advise the parent of the right to counsel and appoint counsel for the parent if necessary; and (3) appoint a guardian ad litem for the child. See Fla. R. Juv. P. 8.510; § 39.466, Fla. Stat. (1995). The court must then set an adjudicatory hearing within forty-five days, at which time the parties may present evidence and…

16. Vestal v. Vestal 731 So. 2d 828 · 5D98-2141 · 5th DCA 1999

    This opinion cites Rule 8.510 1 time: (a)(2)

    · cited by 1 in all courts

    …rights proceedings and shall ascertain at each stage of the proceedings whether a guardian ad litem has been appointed." Additionally, Florida Rule of Juvenile Procedure 8.510(a)(2) provides in part that as soon as possible after the termination petition is served, an advisory hearing must be held at which "[t]he court must ... appoint a…

17. In re E.L. 732 So. 2d 37 · 2D98-02462 · 2nd DCA 1999

    This opinion cites Rule 8.510 1 time, the section generally

    · cited by 6 in all courts

    …consent to the termination, appoint a guardian ad litem for the children, and set a date for the adjudicatory hearing. See § 39.466, Fla. Stat. (1997); Fla. R. Juv. P. 8.510. Here, the court previously had appointed an attorney for L.M.L. and a guardian for the children. It was not necessary that L.M.L. be present when her…

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

    This opinion cites Rule 8.510 1 time: (c)(1)

    · cited by 11 in all courts

    …three children. That judgment is not at issue in this appeal. [2] The advisory hearing is held as soon as possible after service of process. See Fla. R. Juv. P. 8.510(c)(1). At the hearing: (2) The court must: (A) advise the parents of their right to counsel and appoint counsel in accordance with legal requirements; (B)…

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

    This opinion cites Rule 8.510 1 time, the section generally

    · cited by 12 in all courts

    …of her dilemma. [3] The termination of parental rights process involves three successive hearings: the first hearing is the advisory hearing, see Fla. R. Juv. P. 8.510; the second hearing is the adjudicatory hearing, see Fla. R. Juv. P. 8.525; and the third hearing is the disposition hearing, see Fla. R. Juv. P. 8.530. …

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

    This opinion cites Rule 8.510 1 time: (a)

    · cited by 4 in all courts

    …[1] It is undisputed that the parents appeared at an advisory hearing and requested the appointment of counsel. See § 39.466, Fla. Stat. (1995); Fla. R. Juv. P. 8.510(a). If they had failed either to respond to that notice of hearing or to appear at the hearing, both the statutes and rules state that their inaction would be…

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

    This opinion cites Rule 8.510 1 time: (a)

    · cited by 6 in all courts

    …1 It is undisputed that the parents appeared at an advisory hearing and requested the appointment of counsel. See § 39.466, Fla. Stat. (1995); Fla. R. Juv. P. 8.510(a). If they had failed either to respond to that notice of hearing or to appear at the hearing, both the statutes and rules state that their inaction would be…

22. In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017

    Rule amendment This opinion cites Rule 8.510 4 times, the section generally

    …at oral argument, we adopt the broad version of the proposals, with modifications, as discussed below. AMENDMENTS Rule 8.510 (Advisory Hearing and Pretrial Status Conferences) is amended to require, in subdivision (a)(2)(A), that parents be advised of their right to effective…

23. In re Amendments to Florida Rules of Juvenile Procedure SC2024-0572 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.510 3 times: (b), and the section generally

    …The Committee, by a vote of 26-0-0, approved the amendments to rule 8.240, and by a vote of 25-0-2, approved the amendments to rules 8.315 and 8.510. The Florida Bar’s Board of Governors unanimously voted to recommend approval of the amendments. Before filing its report with the Court, the Committee …

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

    Rule amendment This opinion cites Rule 8.510 3 times, the section generally

    · cited by 1 in all courts

    …licensed child placing agency. This amendment conforms the rule to sections 39.811(2) and 39.812(1), Florida Statutes (2004). We amend subdivision (a)(3) of rule 8.510, Advisory Hearing and Pretrial Status Conferences, to specify that the court shall enter a consent to the termination of parental rights petition for the…

25. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.510 3 times, the section generally

    · cited by 3 in all courts

    …existing statutory and case law applicable to juvenile matters. We adopt all of the remaining proposals regarding amendments to rule 8.135. The amendment to rule 8.510 requires seventy-two hours between service of process of a petition to terminate parental rights and the advisory hearing on the petition, and further states…

26. 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 8.510 3 times: (a)(3), (b), and the section generally

    · cited by 1 in all courts

    …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 Committee’s proposed amendments to…

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

    Rule amendment This opinion cites Rule 8.510 2 times, the section generally

    …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…

28. 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 8.510 2 times, the section generally

    · cited by 1 in all courts

    …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 12:01 a.m.…

29. 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 8.510 1 time, the section generally

    …hearing must be personally, or via primary e-mail address upon a party’s consent, served on: (1)-(9) [No Change] (b)-(d) [No Change] RULE 8.510. ADVISORY HEARING AND PRETRIAL STATUS CONFERENCES - 30 - (a) [No Change] (b) Pretrial…

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

    Rule amendment This opinion cites Rule 8.510 1 time, the section generally

    · cited by 8 in all courts

    …as provided by law, with regard to persons who have executed a written surrender of the child(ren) to a licensed child-placing agency or the department. RULE 8.510. ADVISORY HEARING AND PRETRIAL STATUS CONFERENCES (a)Advisory Hearing. (1) An advisory hearing on the petition to terminate parental rights must be held…

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

    Rule amendment This opinion cites Rule 8.510 1 time, the section generally

    · cited by 1 in all courts

    …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 8.510. ADVISORY HEARING AND PREHEARING CONFERENCES (a) Advisory Hearing. (1) Within 14 days of- the filing-of the petition,An advisory hearing on the petition…

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