Postdisposition hearingsRule 8.535
Related statutes: § 39.812 Postdisposition relief; petition for adoption. · § 39.813 Continuing jurisdiction. · § 39.811 · § 39.701
7 opinions cite Rule 8.535
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T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022
Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.
…withheld and if the petitioner has filed with the court a favorable preliminary adoptive home study.” § 63.062(7), Fla. Stat. (2021). Rule 8.535(d) of the Florida Rules of Juvenile Procedure, although not giving much guidance to the court on how to conduct a withhold of consent hearing, provides the…
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B.S. v. Department of Children & Families 246 So. 3d 479 · 1D17-2515 · 1st DCA 2018
· cited by 3 in all courts
Grandmother's appeal from dismissal of her post-TPR adoption petition dismissed as untimely; juvenile rules apply, so her rehearing motion did not toll the appeal deadline.
…of termination proceedings . . . shall retain exclusive jurisdiction in all matters pertaining to the child’s adoption pursuant to chapter 63.” See also Fla. R. Juv. P. 8.535(c); B.B. v. Dep’t of Children & Families, 854 So. 2d 822, 825 (Fla. 1st DCA 2003) (“The dependency court is not divested of jurisdiction after a TPR trial simply…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…probate or guardianship proceeding.” However, we make a minor modification to the Committee’s proposal by relettering the subdivisions. Last, we amend rule 8.535 in response to changes to section 39.812, Florida Statutes (2023), by chapter 2024-177, section 8, Laws of Florida. First, we delete the entirety of…
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In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006
· cited by 3 in all courts
…the amendments proposed by the Committee received no comment. We adopt without change the proposed amendments to rules 8.045, 8.135, 8.210, 8.257, 8.350, 8.515, and 8.535 and forms 8.911, 8.930, 8.964, 8.966, 8.980, 8.981, 8.983. [1] We also adopt without change the proposed new form 8.975. We adopt the proposed amendment to…
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Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…their parental rights. This amendment conforms the rule to section 39.013(9), Florida Statutes (2004). Subdivision (c), Continuing Jurisdiction, of rule 8.535, Post-Disposition Hearings, is amended to add a sentence stating that the petition for adoption must be filed in the court that entered the judgment…
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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
…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 the 1998 statutory…
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In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
· cited by 12 in all courts
…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 HEARINGS …
No opinion cites this provision by number.
Cited as rule 8.535 under earlier numbering (1)
These opinions cite a rule numbered 8.535 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1997-01-01). They are about a different rule.
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No admin code rule cites Rule 8.535.
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(a) Initial Hearing. If the court terminates parental rights, a postdisposition hearing must be set within 30 days after the date of disposition. At the hearing, the department or licensed child-placing agency must provide to the court a plan for permanency for the child.
(b) Subsequent Hearings. Following the initial postdisposition hearing, the court must hold hearings every 6 months to review progress being made toward permanency for the child until the child is adopted or reaches the age of 18, whichever occurs first. Review hearings for alternative forms of permanent placement must be held as provided by law.
(c) Continuing Jurisdiction. The court that terminates the parental rights to a child under chapter 39, Florida Statutes, must retain exclusive jurisdiction in all matters pertaining to the child’s adoption under chapter 63, Florida Statutes. The petition for adoption must be filed in the division of the circuit court that entered the judgment terminating parental rights, unless a motion for change of venue is granted as provided by law.
(d) Review of the Department’s Denial of an Application to Adopt a Child.
(1) Notice of Denial of Application to Adopt. If the department denies an application to adopt a child, the department must file written notification of the denial with the court and provide copies to all parties and the denied applicant within 10 business days after the department’s decision.
(2) Motion to Review Denial of Application to Adopt. A denied applicant may file a motion to have the court review the department’s denial within 30 business days after the issuance of the department’s written notification of its decision to deny the application to adopt a child. The motion to review must allege that the department unreasonably denied the application to adopt and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.
(3) Standing. A denied applicant only has standing to file a motion to review the department’s denial and to present evidence in support of such motion. Such standing is terminated upon the entry of the court’s order. If the department selected a different applicant to adopt the child, the selected applicant may participate in the hearing as a participant pursuant to law and may be granted leave by the court to be heard without the need to file a motion to intervene.
(4) Hearing on Motion. The court must hold a hearing within 30 business days after the denied applicant files the motion to review. The court may only consider whether the department’s denial of the application is consistent with its policies and if the department made such decision in an expeditious manner. The standard of review is whether the department’s denial of the application is an abuse of discretion.
(5) Order. Within 15 business days after the conclusion of the hearing, the court must enter a written order denying the motion to review or finding that the department unreasonably denied the application to adopt and authorizing the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.
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. 2007-01-01 Amended · 939 So.2d 74
- Eff. 2005-01-27 Amended · 894 So.2d 875
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1997-01-01 Added · 684 So.2d 756