Adjudicatory hearingsRule 8.525
Related statutes: § 39.809 Adjudicatory hearing. · § 39.811 · § 39.806 · § 39.810 · § 39.808
53 opinions cite Rule 8.525
-
Department of Children & Families v. A.L. 1D20-1002 · 1st DCA 2020
Dismissal of the termination petition was reversed because the court misapplied the directed-verdict standard, wrongly applied least restrictive means, and ignored grounds and single-parent termination.
…services provided over the preceding thirty months. At the close of DCF’s evidence, both parents moved for a judgment of dismissal pursuant to Florida Rule of Juvenile Procedure 8.525(h). The court dismissed the petition. In the written order dismissing the petition the trial court stated: The Department has not met it’s [sic]…
-
L.O. v. Department of Children & Family Services 807 So. 2d 810 · 4D01-3359 · 4th DCA 2002
· 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.
…"whether or not the facts support the allegations stated in the petition" for terminating parental rights. §§ 39.01(4), 39.809, Fla. Stat. (Supp.1998); Fla. R. Juv. P. 8.525. At the adjudicatory hearing, the court must consider the elements required for termination, each of which must be established by clear and convincing…
-
H.D. v. Department of Children & Families 964 So. 2d 818 · 4D07-845 · 4th DCA 2007
· cited by 10 in all courts
Termination affirmed for a mother unable to care for special-needs children; sufficiency is preserved without a motion for dismissal (conflict certified).
…of the evidence supporting termination by failing to move for a judgment of dismissal at the conclusion of DCF's case. Appellees rely on Florida Rule of Juvenile Procedure 8.525(h) (2007), and J.D. v. Dep't of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). Florida Rule of Juvenile Procedure 8.525(h) states: Motion for…
-
G.L.S. v. Department of Children & Families 724 So. 2d 1181 · SC91 · Florida Supreme Court 1998
· cited by 9 in all courts
…The juvenile procedure rules govern child dependency proceedings "unless otherwise provided by law." § 39.46(1), Fla. Stat. (1995). Relevant to this issue, rule 8.525, entitled "Adjudicatory Hearings," includes a subsection on final judgments, which provides: [3] *1185 (i) Final Judgment. (1) Terminating Parental…
-
B.A. v. Department of Children & Families 4D20-1335-2 · 4th DCA 2021
On rehearing, termination affirmed despite the five-month delay in the written order because the mother did not preserve the delay claim or show prejudice.
…parental rights and proceed with dispositional alternatives as provided by law within 30 days after conclusion of the adjudicatory hearing. Fla. R. Juv. P. 8.525(j)(1)(A) (2019) (language added by the amendment is underlined); see also In re Amendments to Fla. Rules of Juvenile Procedure—2019 Fast-track Report, 286 So. 3d 82,…
-
R.A. v. Department of Children & Families 83 So. 3d 841 · 5D11-1504 · 5th DCA 2011
Termination reversed: defaulting the father for missing a third advisory hearing was fundamental error, and abandonment was unproven; new hearing allowed.
…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 parent can…
-
Department of Children & Families v. L.D. 6D2023-4178 · 6th DCA 2024
Sua sponte dismissal of DCF's petition to terminate the father's rights reversed; reunification efforts weren't required on pleaded grounds and dismissal preceded close of evidence.
…made reasonable efforts to reunify Father with Child and that the delay in attempting to place Child with relatives had caused 1 See Fla. R. Juv. P. 8.525(h) (providing that a parent may move for a judgment of dismissal after the close of the petitioner’s evidence and the trial court shall enter an order denying…
-
R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022
Certiorari granted quashing a case plan goal change to adoption because inadmissible hearsay is not competent evidence to amend a case plan under rule 8.420.
…in three types of hearings. See Fla. R. Juv. P. 8.330(a) (adjudicatory hearings); Fla. R. Juv. P. 8.347(g)(1) (supplemental adjudicatory hearings); Fla. R. Juv. P.8.525(a) (parental termination hearings). Because the express requirement is limited to adjudicatory hearings, the Department argues that, by…
-
A.M. v. D.S. 1D19-1855 · 1st DCA 2021
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 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 termination hearings. Fla. R. Juv. P. 8.525(d). Chapter 63 TPR Proceedings Chapter…
-
X.T. v. Department of Children & Families 1D19-2974 · 1st DCA 2020
Termination affirmed because the parents did not preserve objections to unpleaded grounds in the order, and the missing ineffective-counsel notice caused no due process violation.
…each of which “must be established by clear and convincing evidence before the petition is granted.” § 39.809(1), Fla. Stat. (2018); see also Fla. R. Juv. P. 8.525(a). Those required elements are as follows: 1) sufficient proof “of at least one of the grounds for termination” listed in section 39.806, Florida Statutes; 2)…
-
B.T. v. Department of Children & Families 1D19-2788 · 1st DCA 2020
Termination affirmed: the parents failed to preserve their objection to unpleaded grounds in the order, and missing rule 8.530 notice caused no prejudice.
…each of which “must be established by clear and convincing evidence before the petition is granted.” § 39.809(1), Fla. Stat. (2018); see also Fla. R. Juv. P. 8.525(a). Those required elements are as follows: 1) sufficient proof “of at least one of the grounds for termination” listed in section 39.806, Florida Statutes; 2)…
-
W.T. v. K.F.Y. 59 So. 3d 1216 · 5D10-4031 · 5th DCA 2011
· cited by 1 in all courts
…to appear telephonically, the Department of Corrections inadvertently caused Appellant to miss the hearing, which proceeded in his absence. Florida Rule of Juvenile Procedure 8.525(d) provides that “all parties have the right to be present at all termination hearings.” In a similar context, this court has held that a default consent…
-
E.A. v. Department of Children & Families 894 So. 2d 1049 · 5D04-1904 · 5th DCA 2005
· cited by 9 in all courts
Termination reversed because the court abused its discretion by refusing to set aside implied consent for a father 22 minutes late due to traffic.
…then failure of that parent to personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. See also Fla. R. Juv. P. 8.525(d). About 22 minutes after the testimony began, E.A. entered the courtroom, and explained that while traveling along Interstate 4 from Polk County to Osceola…
-
J.J. v. Department of Children & Families 886 So. 2d 1046 · 4D04-762 · 4th DCA 2004
· cited by 8 in all courts
Order reversed because after DCF failed to prove best interests the court could not order a retrial; it had to follow section 39.811 remedies.
…returning the child to the parent or parents.... (b) If grounds for dependency have not been established, dismiss the petition. Likewise, Florida Rule of Juvenile Procedure 8.525(i)(3) indicates that, "[i]f the court finds after all of the evidence has been presented that the allegations in the petition do not establish the grounds for…
-
C.R.K. v. Department of Children & Families 826 So. 2d 1053 · 4D01-4800 · 4th DCA 2002
· cited by 3 in all courts
Termination reversed: the mother was defaulted at a calendar call, not an adjudicatory hearing, notice was inadequate, and evidence was not clear and convincing.
…constituted grounds of termination of parental rights in accordance with Section 39.801(3)(d). We find this order to be deficient for a number of reasons. Rule 8.525(i) of the Florida Rules of Juvenile Procedure provides: "If the court finds after all of the evidence has been presented that the elements and one of the grounds…
-
Jr v. Department of Children & Family Services 754 So. 2d 714 · 4D98-1828 · 4th DCA 1998
· cited by 5 in all courts
…on allegations of the petition for dependency. She also asserted, as a ground to dismiss, the violation of Florida *716 Rule of Juvenile Procedure Rule 8.525(b), which requires adjudicatory hearings to be held within 45 days after the advisory hearing unless the parties stipulate to a different date. Upon the…
-
In Interest of A.L. 711 So. 2d 600 · 2D96-02815 · 2nd DCA 1998
· cited by 12 in all courts
…failure to appear at the hearing could have been considered a waiver of the right to be present, in person, at the adjudicatory hearing. While Florida Rule of Juvenile Procedure 8.525(c) states that all parties have the right to be present at the adjudicatory hearing, that right may be waived. Thus, in light of C.D.'s failure to appear, the…
-
Herda v. Department of Health & Rehabilitative Services 673 So. 2d 977 · DCA96-0205 · District Court of Appeal 1996
· cited by 1 in all courts
…proceeding. Second, appellant contends that reversal is required because the trial court failed to follow a two-step termination process. See Fla.R.Juv.P. 8.525(h), (1994); Moore v. Department of Health & Rehabilitative Servs., 664 So.2d 1137, 1138 (Fla. 5th DCA 1995). The procedure contemplates a hearing on an…
-
Department of Children & Families v. F.A.P. 4D19-2997 · 4th DCA 2020
After denying termination, the court had to consider dependency; remanded to adjudicate the child dependent given the parents' concession and the child's fractures.
… or be terminated. (b) If grounds for dependency have not been established, dismiss the petition. (emphasis added). See also Fla. R. Juv. P. 8.525(j). In this case, after finding no grounds for termination, the trial court did 2 not comply with its statutory duty…
-
R.E.B. v. Department of Children & Families 245 So. 3d 957 · 5D18-588 · 5th DCA 2018
…best interest and least restrictive means hearing and to ensure that Appellant and his counsel have an opportunity to attend and fully participate. See Fla. R. Juv. P. 8.525(c)-(d). REVERSED and REMANDED with instructions. BERGER, LAMBERT, and EISNAUGLE, JJ., concur. The Department properly concedes error.
-
C.R. v. Department of Children & Families 225 So. 3d 393 · 5D17-1736-2 · 5th DCA 2017
· cited by 2 in all courts
Termination by default consent affirmed because the mother's absence was voluntary; she declined to admit herself to the hospital or accept transportation to court.
….that the trial court abused its discretion in entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule of Juvenile Procedure 8.525(d), as she was *394 unable to attend trial due to circumstances beyond her control. We affirm. Mother had notice of the adjudicatory hearing at issue here,…
-
C.R. v. Department of Children & Families 5D17-1736 · 5th DCA 2017
Termination by default consent affirmed because the mother's absence was voluntary; she declined to admit herself to the hospital or accept transportation to court.
…the trial court abused its discretion in entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule of Juvenile Procedure 8.525(d), as she was unable to attend trial due to circumstances beyond her control. We affirm. Mother had notice of the adjudicatory hearing at issue here,…
-
W.L. v. Department of Children & Families 172 So. 3d 562 · 4D15-362 · 4th DCA 2015
· cited by 1 in all courts
Termination vacated and remanded because the order did not identify which statutory ground was proven or make required findings and conclusions, preventing meaningful review.
…section 39.809(5), Florida Statutes (2013), requires trial courts to enter written orders which contain findings of fact and conclusions of law. See also Fla. R. Juv. P. 8.525(i)(1) (“The order [terminating parental rights] must contain the findings of fact and conclusions of law on which the decision was based.”). One of the grounds…
-
J.F.S. v. Department of Children & Families 100 So. 3d 784 · 1D12-3883 · 1st DCA 2012
· cited by 1 in all courts
Termination affirmed because the father never moved for dismissal at the hearing, so sufficiency of the evidence was unpreserved; conflict certified with other districts.
… (Fla. 1st DCA 2002). We recognize, as we did in K.J., that our holding requiring preservation of an evidentiary sufficiency issue under Florida Rule of Juvenile Procedure *785 8.525(h) conflicts with decision of the Fourth and Fifth District Courts of Appeal in R.P. v. Dep’t of Children & Families, 49 So.3d 339 (Fla. 5th DCA 2010) and …
-
In re E.C. 33 So. 3d 710 · 2D08-3544 · 2nd DCA 2010
Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.
…terminated the parents' parental rights to E.C. and remand with instructions to dispose of this case as authorized by subsection 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). NOTES [1] The record does not contain a separate case plan dated June 29, 2005. The case plan addendum, however, was entered on June 29, 2005. The…
-
R.C. v. Department of Children & Family Services 33 So. 3d 710 · 2D08-3544-2 · 2nd DCA 2010
· cited by 12 in all courts
Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.
…terminated the parents’ parental rights to E.C. and remand with instructions to dispose of this case as authorized by subsection 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). . The full title of the paper at issue is "CHILD WELFARE CASE PLAN, ALL CASES (PART A), ADDENDUM.” The paper also states its purpose as follows —…
-
In re G.C. 6 So. 3d 643 · 2D08-1409 · 2nd DCA 2009
Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.
…parental rights to J.P.-B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). If the court finds grounds to re-adjudicate the children dependent under the more relaxed preponderance-of-the-evidence standard applicable in dependency…
-
J.C. v. Department of Children & Family Services 6 So. 3d 643 · 2D08-1409-2 · 2nd DCA 2009
· cited by 8 in all courts
Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.
…parental rights to J.P.B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). If the court finds grounds to re-adjudicate the children dependent under the more relaxed preponderance-of-the-evidence standard applicable in dependency…
-
Re v. Department of Children & Families 996 So. 2d 929 · 4D08-1675 · 4th DCA 2008
· cited by 1 in all courts
Termination affirmed: the father's default by nonappearance stood, the successor judge could hold a new best-interests hearing, and the grandmother was properly rejected as placement.
…personally appear at an advisory hearing for which the parent received statutory notice constitutes consent for termination. § 39.801(3)(d), Fla. Stat.; Fla. R. Juv. P. 8.525(d). The father does not attack the trial court's ruling on the default as an abuse of discretion or show that his failure to appear at the advisory hearing was…
-
M.F. v. Department of Children & Families 992 So. 2d 410 · 1D08-1475 · 1st DCA 2008
· cited by 2 in all courts
Termination of only the mother's rights reversed because the court refused to make the findings section 39.811(6) requires when severing one parent's rights.
…properly concedes that the record supports the trial *411 court's ruling granting the father's motion for "a directed verdict," which we affirm. See Fla. R. Juv. P. 8.525(h) (addressing procedures for seeking and granting a motion for judgment of dismissal in a termination of parental rights proceeding); Committee Notes to Fla. R.…
-
O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008
· 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.
…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 intent and…
-
Department of Children & Families v. A.S. 927 So. 2d 204 · 5D05-2906 · 5th DCA 2006
· 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.
…for consent under section 39.801(3)(d) to be a ground for termination. Rather, section 39.801(3)(d) and its implementing rule, found in Florida Rule of Juvenile Procedure 8.525, are "intended to ensure that the object of the termination petition is not defeated by the neglect of the proceeding by the parent." E.A. v. Dep't of…
-
D.M. v. Department of Children & Families 921 So. 2d 737 · 5D05-2885 · 5th DCA 2006
· cited by 6 in all courts
Consent to termination by default reversed because the disabled out-of-state mother made reasonable efforts to attend and should have been allowed to appear by telephone.
…therefore, that if a parent fails to appear at an appointed time and place for a termination proceeding, sections 39.801(3)(d), Florida Statutes, and rule 8.525(d), Florida Rules of Juvenile Procedure, give the court the authority to consider the absence of the parent to be a consent to the termination of parental…
-
In re T.B. 920 So. 2d 170 · 2D05-1100 · 2nd DCA 2006
· cited by 3 in all courts
Consent and termination judgment reversed because denying the father a continuance was an abuse of discretion; he had made reasonable efforts to attend.
…then failure of that parent to personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. See also Fla. R. Juv. P. 8.525(d) (same). The Florida Supreme Court has recognized that the purpose of this provision allowing for consent by failure to appear is to ensure that a parent's…
-
L.F. v. Department of Children & Families 888 So. 2d 147 · 5D04-422 · 5th DCA 2004
· cited by 9 in all courts
Termination affirmed; the mother failed her case plan, could not supervise four children, and extraordinary services were provided without success.
…argues that the mother failed to preserve for review the sufficiency of the evidence by failing to file a motion for a judgment of dismissal pursuant to Rule 8.525(h), Florida Rule of Juvenile Procedure, at the conclusion of the department's case or at any other time during the hearing.
-
T.L.D. v. Department of Children & Family Services 883 So. 2d 910 · 2D03-4501 · 2nd DCA 2004
· cited by 20 in all courts
Termination reversed because the court used the wrong test on the motion to set aside implied consent, which should be liberally granted.
…then failure of that parent to. personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights.” See also Fla. R. Juv. P. 8.525(d); J.B. v. Fla. Dep’t of Children & Family Servs., 768 So.2d 1060 (Fla.2000). The purpose of this “default” provision is to ensure that the object of the…
-
P.C. v. Department of Children & Family Services 857 So. 2d 217 · 2D02-4576 · 2nd DCA 2003
· cited by 2 in all courts
Termination affirmed; a clerk's default was improper, but treating the mother's absence at the adjudicatory hearing as consent made any error harmless.
…parent to personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. (Emphasis added.) See also Fla. R. Juv. P. 8.525(d). When the mother failed to appear for the adjudicatory hearing, the trial court used what appears to be a default proceeding whereby, upon motion by counsel…
-
J.D. v. Department of Children & Families 825 So. 2d 447 · 1D01-4571 · 1st DCA 2002
· cited by 12 in all courts
…required elements. Appellant failed to preserve this issue for review by a motion for judgment of dismissal at the conclusion of appellee's case, see Fla. R. Juv. P. 8.525(h), or otherwise. Accordingly, we are constrained to affirm. AFFIRMED. BARFIELD and WEBSTER, JJ., concur. BENTON, J., dissents.
-
J.T. v. Department of Children & Families 800 So. 2d 692 · 5D01-1428 · 5th DCA 2001
· cited by 6 in all courts
Termination affirmed: denying a continuance when the noticed parents did not appear was proper, and relief for defective notice lies under rule 8.270(b).
…parent to personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. (Emphasis added). Florida Rule of Juvenile Procedure 8.525(d) similarly provides: (d) Presence of Parties. All parties have the right to be present at all termination hearings. A party may appear in person or, at the…
-
K.S. ex rel. A.S. v. R.C. ex rel. A.S. 766 So. 2d 1224 · 5D99-2631 · 5th DCA 2000
Termination sought by the father affirmed: the mother's long substance abuse and case plan noncompliance, and the child's best interests, supported it.
…observations of K.S.' interactions with her other children. Termination of parental rights must be established by clear and convincing evidence. Fla. R. Juv. P. 8.525(1); In re Adoption of Baby E.A.W., 658 So.2d 961 (Fla.1995), cert. denied sub nom, G.W. B. v. J.S.W., 516 U.S. 1051 , 116 S.Ct. 719 , 133…
-
K.S. v. R.C. 766 So. 2d 1224 · 5D99-2631-2 · 5th DCA 2000
· cited by 3 in all courts
Termination sought by the father affirmed: the mother's long substance abuse and case plan noncompliance, and the child's best interests, supported it.
…observations of K.S.’ interactions with her other children. Termination of parental rights must be established by clear and convincing evidence. Fla. R. Juv. P. 8.525(1); In re Adoption of Baby E.A.W., 658 So.2d 961 (Fla.1995), cert. denied sub nom, G.W. B. v. J.S.W., 516 U.S. 1051 , 116 S.Ct. 719 , 133 L.Ed.2d…
-
R.A. v. Department of Children & Families 724 So. 2d 574 · 3D98-0713 · 3rd DCA 1998
· cited by 5 in all courts
…a request to address the court briefly at the conclusion of proceedings should be honored, except where a litigant has been disruptive. See Fla. R. Juv. P. 8.525(d). However, where a party has chosen not to attend the proceedings or testify, and has not been subject to cross-examination, the parent's eleventh-hour request…
-
In re G.H. 617 So. 2d 422 · 1D92-02996 · 1st DCA 1993
· cited by 6 in all courts
…the termination hearing. At an adjudicatory hearing for termination of parental rights, "[a] party may call any person, including a child, as a witness." Fla.R.Juv.P. 8.525. Therefore, we do not interpret Rule 8.330 as prohibiting introduction of evidence by the biological parents here. The trial court must receive and consider…
-
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
…counsel before the court allows the attorney to withdraw. New subdivision (c) is also added in order to address the appointment of appellate counsel. Rule 8.525 (Adjudicatory Hearings) is amended to require the court to advise a parent, both orally and in the order terminating parental rights, that he or she has a…
-
In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009
…the applicable appellate rule so that trial attorneys and parties are aware of the requirements in filing appeals in these cases. Next, Rule of Juvenile Procedure 8.525, Adjudicatory Hearings, form 8.983, Adjudication Order and Judgment of Involuntary Termination of Parental Rights, and form 8.984, Judgment of Voluntary…
-
In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023
…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 “appearance.” With…
-
Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002
· cited by 1 in all courts
…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 Order.…
-
Amendments to the Rules of Juvenile Procedure (8.330 & 8.525) 789 So. 2d 951 · SC00-1469 · Florida Supreme Court 2000
Supreme Court adopts juvenile rule amendments letting parties, such as out-of-state incarcerated parents, appear at dependency and termination adjudicatory hearings by audio or audiovisual device.
PER CURIAM. The Juvenile Court Rules Committee (“Committee”) of The Florida Bar has submitted an emergency petition to amend Rules of Juvenile Procedure 8.330 and 8.525. We have jurisdiction. Art. V, § 2(a), Fla. Const. The Committee approved the changes by votes of 18-3-1. 1 The proposed changes were published for comments,…
-
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)(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 the language in…
-
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
…will appear via audio-video communication technology, and any other matters that may aid in the conduct of the adjudicatory hearing. (c) [No Change] RULE 8.525. ADJUDICATORY HEARINGS (a)–(c) [No Change] (d) Presence of Parties. All parties have the right to be present at all termination hearings. A…
-
In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020
…that must be considered and addressed in the findings of fact of the order on the motion must include: (A)-(F) [No Changes] RULE 8.525. ADJUDICATORY HEARINGS (a)-(i) [No Changes] (j) Order. (1) Terminating Parental Rights. …
-
Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…— Substitution of the word — “counsel”—maintains—Consistency-Deleting the word-all”-makes it-elear that counsel need nob-be appointed-fer-all-par-tiesv RULE 8.525. ADJUDICATORY HEARINGS (a) Hearing by Judge. The adjudicatory hearing shall be conducted by the judge without a jury utilizingusing the rules of evidence in…
-
Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996
· cited by 1 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 8.525. ADJUDICATORY HEARINGS (a) Hearing by Judge. The adjudicatory hearing shall be conducted by the judge without a jury utilizing the rules of evidence in use…
No opinion cites this provision by number.
Cited as rule 8.525 under earlier numbering (1)
These opinions cite a rule numbered 8.525 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1991-07-01). They are about a different rule.
0 admin code rules cite Rule 8.525
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.525.
0 CFOPs cite Rule 8.525
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
No CFOP cites Rule 8.525.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(a) Hearing by Judge. The adjudicatory hearing must be conducted by the judge without a jury using the rules of evidence for civil cases. At this hearing the court must determine whether the elements required by law for termination of parental rights have been established by clear and convincing evidence.
(b) Time of Hearing. The adjudicatory hearing must be held within 45 days after the advisory hearing, unless all necessary parties stipulate to some other hearing date. Reasonable continuances may be granted for purposes of investigation, discovery, procuring counsel or witnesses, or for other good cause shown.
(c) Examination of Witnesses. A party may call any person, including a child, as a witness. A party has the right to examine or cross-examine all witnesses.
(d) Presence of Parties. All parties have the right to be present at all termination hearings. A party may appear in person or, at the discretion of the court for good cause shown, by communication technology. No party may be excluded from any hearing unless so ordered by the court for disruptive behavior or as provided by law. If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition for termination of parental rights, stating the date, time, and location of this hearing and, if the hearing will be held through communication technology, instructions for appearing at the hearing through communication technology, then failure of that parent to appear at the adjudicatory hearing constitutes consent for termination of parental rights.
(e) Examination of Child. The court may hear the testimony of the child outside the physical presence of the parties as provided by rule 8.255. Counsel for the parties must be present during all examinations. The court may limit the manner in which counsel examine the child.
(f) Previous Testimony Admissible. To avoid unnecessary duplication of expenses, in-court testimony previously given at any properly noticed hearing may be admitted, without regard to the availability of the witnesses, if the recorded testimony itself is made available. Consideration of previous testimony does not preclude the parties from calling the witness to answer supplemental questions.
(g) Joint and Separate Hearings. When 2 or more children are the subject of a petition for termination of parental rights, the hearings may be held simultaneously if the children are related to each other or involved in the same case, unless the court orders separate hearings.
(h) Motion for Judgment of Dismissal. In all termination of parental rights proceedings, if at the close of the evidence for the petitioner the parents move for a judgment of dismissal and the court is of the opinion that the evidence is insufficient to sustain the grounds for termination alleged in the petition, it must enter an order denying the termination and proceed with dispositional alternatives as provided by law.
(i) Advisement of Right to Appeal and File Ineffective Assistance of Counsel Motion. At the conclusion of the adjudicatory hearing, the court must orally inform the parents of the right to appeal any order terminating parental rights to the district court of appeal and the right to file a motion in the circuit court claiming that counsel provided ineffective assistance.
(j) Order.
(1) Terminating Parental Rights.
(A) If the court finds after all of the evidence has been presented that the elements and one of the grounds for termination of parental rights have been established by clear and convincing evidence, the court must enter a written order terminating parental rights and proceed with dispositional alternatives as provided by law within 30 days after conclusion of the adjudicatory hearing.
(B) The order must contain the findings of fact and conclusions of law on which the decision was based. The court must include the dates of the adjudicatory hearing in the order.
(C) The order must include a brief statement informing the parents of the right to appeal the order to the district court of appeal and the right to file a motion in the circuit court alleging that counsel provided ineffective assistance and a brief explanation of the procedure for filing such a claim.
(D) The parties may stipulate, or the court may order, that parents or relatives of the parent whose rights are terminated be allowed to maintain some contact with the child. If the court orders continued contact, the nature and frequency of this contact must be stated in a written order. The visitation order may be reviewed on motion of any party, including a prospective adoptive parent, and must be reviewed by the court at the time the child is placed for adoption.
(2) Denying Termination of Parental Rights. If the court finds after all of the evidence has been presented that the grounds for termination of parental rights have not been established by clear and convincing evidence, but that the grounds for dependency have been established by a preponderance of the evidence, the court must adjudicate or readjudicate the child dependent and proceed with dispositional alternatives as provided by law.
(3) Dismissing Petition. If the court finds after all of the evidence has been presented that the allegations in the petition do not establish grounds for dependency or termination of parental rights, it must enter an order dismissing the petition.
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. 2019-11-27 Amended · 286 So.3d 82
- Eff. 2017-03-23 Amended · 213 So. 3d 803
- Eff. 2009-11-12 Amended · 24 So.3d 47
- Eff. 2005-01-27 Amended · 894 So.2d 875
- Eff. 2003-01-01 Amended · 827 So.2d 219
- Eff. 2001-01-01 Amended · 789 So.2d 951
- Eff. 1999-07-01 Amended · 753 So.2d 1214
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1997-01-01 Amended · 684 So.2d 756
- Eff. 1991-07-01 Added · 589 So.2d 818