Shelter petition, hearing, and orderRule 8.655
4 opinions cite Rule 8.655
-
State v. M.A. 215 So. 3d 1276 · 1D16-5873 · 1st DCA 2017
Dismissal of the dependency case, effectively placing children with an out-of-state father, reversed because ICPC approval and a home study had not been obtained.
…Department’s dependency shelter petition, the circuit court entered its shelter order for four children on August 11, 2015. See § 39.401, Fla. Stat.; Fla. R. Juv. P. 8.655. The proceedings were based on an incident of domestic violence in the home where the children lived with their mother and the father of the youngest child.…
-
E.G. v. Department of Children & Family Services 975 So. 2d 1244 · 3D08-288 · 3rd DCA 2008
· cited by 1 in all courts
Court had jurisdiction to shelter the children in an emergency, but the order was quashed because no shelter petition or hearing followed.
…for court ordered services. See Fla. R. Juv. P. 8.660(c). A shelter hearing must be held within the time specified by the section 39.402 and Florida Rule of Juvenile Procedure 8.655. The procedural problem now before us is that a shelter order was entered, but there is no pleading which requested shelter care. The mother timely objected…
-
In re Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure SC21-1049 · Florida Supreme Court 2021
…ENLARGEMENT OF TIME (a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration, except for rule 8.655, to which 2.514(a)(2)(C) shall not apply and the statutory time period shall govern. (b)-(c) [NO CHANGE] FLORIDA RULES OF APPELLATE…
-
Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…compliance with the rules of court and law. The certificate must be signed by the attorney of record, clerk or deputy clerk, judicial assistant, or judge. RULE 8.655. SHELTER PETITION, HEARING, AND ORDER (a) Shelter Petition. If a child is to be placed in a shelter after being taken into custody for a period longer than…
No opinion cites this provision by number.
Cited as rule 8.655 under earlier numbering (1)
These opinions cite a rule numbered 8.655 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 8.655
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites Rule 8.655.
0 CFOPs cite Rule 8.655
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
No CFOP cites Rule 8.655.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(a) Shelter Petition. If a child is to be placed in a shelter after being taken into custody for a period longer than 24 hours, the person requesting placement shall file a written petition which shall:
(1) specify the name, address, and sex of the child, or, if unknown, designate the child by any name or description by which the child can be identified with reasonable certainty;
(2) specify that the child is of an age subject to the jurisdiction of the court;
(3) state the reasons why the child needs to be placed in a shelter;
(4) recommend where the child is to be placed or the agency to be responsible for placement;
(5) be signed by the attorney for the petitioner; and
(6) include a certificate of service to all parties and their attorneys of record.
(b) Shelter Hearing.
(1) The petitioner shall make a diligent effort to notify the parent or custodian of the child and shall notify his or her attorney of record of the date, time, and place of the hearing. The petitioner shall list all parties notified of the hearing on the certificate of service on the shelter petition.
(2) The court shall conduct an informal hearing on the petition within the time period provided by law. The court shall determine at the hearing whether the criteria provided by law for placement in a shelter have been met.
(3) At the hearing all interested persons present shall have an opportunity to be heard on the criteria for placement as provided by law.
(4) The court may base its determination on a sworn complaint, testimony, or affidavit and may hear all relevant and material evidence, including oral and written reports, to the extent of its probative value even though it would not be competent at an adjudicatory hearing.
(5) The court shall advise the parties of:
(A) their right to be represented by counsel as provided by law;
(B) the reason for the child being in custody and why continued placement is requested; and
(C) their right to present placement alternatives.
(c) Shelter Order. The order shall be in writing and shall:
(1) state the name, age, and sex of the child and, if the child’s age is unknown, that the child is believed to be of an age which makes him or her subject to the jurisdiction of the court;
(2) include findings as provided by law;
(3) designate the place where the child is to be placed or the person or agency that will be responsible for this placement along with any special conditions found to be necessary;
(4) state the date and time where issued;
(5) indicate when the child shall be released from the shelter or set a review of shelter hearing within the time limits provided by law; and
(6) include a certificate of service to all parties and their attorneys of record.
(d) Release From Shelter Care. No child shall be released from shelter after a shelter order has been entered except on order of the court unless the shelter order authorizes release by the department.
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. 2001-01-01 Amended · 783 So.2d 138
- Eff. 1991-07-01 Added · 589 So.2d 818