Dependency Law Finder

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

   Affirmed This opinion cites Rule 8.520 6 times: (c)

   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.

   …terminating the parental rights of both the Father, R.M, as well as the Mother, A.M.. However, we write to address the applicability of Florida Rule of Juvenile Procedure 8.520(c) where the basis for the termination of parental rights is a statutory voluntary surrender under section 39.806(1)(a), Florida Statutes (2018). …

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

   Affirmed in part, reversed in part This opinion cites Rule 8.520 6 times: (c)

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 Opinion later withdrawn and replaced on rehearing.

   …but nevertheless reverse and remand for the trial court to amend the final judgment as to the Mother to conform with the requirements of Florida Rule of Juvenile Procedure 8.520(c). BACKGROUND AND PROCEDURAL HISTORY D.M. was born in September 2007 and has endured a heartbreaking history with his parents. When D.M. was just…

3. Bailey v. Department of Health & Rehabilitative Services 703 So. 2d 1224 · 5D96-3562 · 5th DCA 1998

   This opinion cites Rule 8.520 5 times: (c)

   · cited by 3 in all courts

   …Appellants argue that they did not have a full understanding of the nature of the allegations and possible consequences of giving consent. See Fla.R.Juv.P. 8.520(c). A review of the record indicates that this contention is without merit as the trial judge accepted the consent pleas only after carefully questioning…

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

   Reversed & remanded This opinion cites Rule 8.520 2 times: (c)

   · 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.

   …court shall determine the basis upon which a factual finding may be made and shall incorporate these findings into its order of disposition. Florida Rule of Juvenile Procedure 8.520(c) says: If the parent appears and enters a plea of admission or consent to the termi *849 nation of parental rights, the court shall determine that the…

5. In Interest of J.R.G. 624 So. 2d 273 · 2D92-02703 · 2nd DCA 1993

   This opinion cites Rule 8.520 2 times: (c)

   · cited by 5 in all courts

   …that the consent was voluntary and made with a full understanding of the nature of the allegations and the possible consequences of the consent. See Fla. R.Juv.P. 8.520(c). The trial court did not abuse its discretion by refusing to allow P.G. to withdraw her consent under these circumstances. Cf. Lopez v. State, 536 So.2d…

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

   Reversed & remanded This opinion cites Rule 8.520 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.

   …P. 8.500(b)(4)–(5); see § 39.802(4), Fla. Stat. There is no written answer or other pleading required to be filed by the parent. § 39.805, Fla. Stat.; Fla. R. Juv. P. 8.520(a). The final hearing is called an “adjudicatory hearing.” § 39.809, Fla. Stat.; Fla. R. Juv. P. 8.525. All parties are entitled to be present at all…

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

   Reversed & remanded This opinion cites Rule 8.520 1 time: (b)

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

   …initial advisory hearing, the next signifi *844 cant hearing will be an adjudicatory hearing, not another advisory hearing. See Fla. R. Juv. P. 8.510(a)(5), 8.520(b). In addition, only one advisory hearing is necessary because the “purpose of an advisory hearing is to advise the parents of their right to counsel, appoint…

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 8.520 1 time: (c)

   · 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.

   …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 proceeding." The…

9. M.W. v. Department of Children & Family Services 881 So. 2d 734 · 3D03-2281 · 3rd DCA 2004

   Affirmed This opinion cites Rule 8.520 1 time: (c)

   · cited by 4 in all courts

   Dependency of three daughters affirmed: the father's sexual abuse of their stepsister, with no remorse or treatment, created a substantial risk of imminent abuse.

   …3 (also referred to as "the natural daughters"). [1] With regard to the stepdaughter, M.W. entered a consent plea to the dependency petition. See Fla. R. Juv. P. 8.520(c). *735 Pursuant to this consent, the stepdaughter was adjudicated dependent as to M.W. Four days later, the trial court conducted an adjudicatory hearing…

10. 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 8.520 4 times: (d), and the section generally

    · cited by 1 in all courts

    …(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 these rules (with minor modifications to more closely track…

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

    Rule amendment This opinion cites Rule 8.520 1 time, the section generally

    · cited by 8 in all courts

    …must be set within 21 days of the filing of the petition. Notice of intent to rely on this subdivision must be filed with the court as required by law. RULE 8.520. ANSWERS AND RESPONSIVE PLEADINGS (a) No Written Answer Required. No answer to the petition need be filed by the parent. The parent of the child may enter…

12. 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 8.520 1 time, the section generally

    …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 8.520. ANSWERS AND RESPONSIVE PLEADINGS (a) No Written Answer Required. No answer to the petition need be filed by the parent. The parent of the child may enter…

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