In Re: Amendments To Florida Rules Of Juvenile Procedure
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Supreme Court of Florida
____________
No. SC08-1612
____________
IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE.
[September 25, 2008]
PER CURIAM.
The Florida Bar's Juvenile Court Rules Committee (Committee) has filed a
“Fast-Track Report in Response to 2008 Legislative Changes.” The Committee
proposes amendments to the Florida Rules of Juvenile Procedure that conform the
rules and forms to recent legislation. We have jurisdiction. See art. V, § 2(a), Fla.
Const.; Fla. R. Jud. Admin. 2.140(e).
The Committee proposes amendments to rule 8.225 (Process, Diligent
Searches, and Service of Pleadings and Papers); and forms 8.962 (Motion for
Injunction), 8.963 (Injunction Order), 8.968 (Affidavit of Diligent Search), and
8.977 (Order Authorizing Child to Enter into Residential Leasehold Before the
Child’s 18th Birthday). The proposed amendments are in response to 2008
legislative changes, which went into effect July 1, 2008. See Ch. 2008-245, §§ 91
11, 32, Laws of Fla.; Ch. 2008-122, §§ 2, 3, Laws of Fla. The Executive
Committee of the Florida Bar Board of Governors approved the proposals by a
vote of 11-0. After considering the Committee's proposals and reviewing the
relevant legislation, we amend the rule and forms as proposed by the Committee.
The amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in
response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida
Statutes, made by chapter 2008-245, sections 9-11, Laws of Florida. Consistent
with the change to section 39.502(17), Florida Statutes, subdivision (c) of rule
8.225 is amended to require notice to foster or preadoptive parents of a proceeding
or hearing. The amendments to forms 8.962 and 8.963 incorporate into the
injunction motion and order forms changes made to section 39.504, Florida
Statutes, concerning injunctions entered pending disposition in dependency cases.
Those forms also are modified to incorporate suggestions made by the Office of
the State Courts Administrator that the Committee was considering prior to the
statutory changes. Consistent with a requirement added to section 39.503(6),
Florida Statutes, form 8.968 is amended to state that, when the Department of
Children and Family Services made its diligent search to determine the residence
of a parent or prospective parent, it conducted a thorough search of at least one
electronic database specifically designed for location of persons.
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Form 8.977 is amended in response to newly created section 743.046,
Florida Statutes, which removes the disability of nonage for certain minors to
ensure they can secure utility services. See Ch. 2008-122, § 2, Laws of Fla. The
new statute requires a minor seeking to secure utility services to present “an order
from a court of competent jurisdiction removing the disabilities of nonage.”
Therefore, the form order authorizing a foster child to enter into residential
leasehold before the child’s eighteenth birthday is amended to authorize the child
to secure residential utility services.
Accordingly, we amend the Rules of Juvenile Procedure, as reflected in the
appendix to this opinion. New language in the rule is underscored, and deleted
language is struck through. These amendments shall become effective
immediately upon the release of this opinion. Because the amendments were not
published for comment prior to their adoption, interested persons shall have sixty
days from the date of this opinion in which to file comments with the Court. 1
1. An original and nine paper copies of all comments must be filed with the
Court on or before November 24, 2008, with a certificate of service verifying that a
copy has been served on the committee chair, David N. Silverstein, 501 E.
Kennedy Blvd. Suite 1100, Tampa, Florida 33602-5242, as well as separate request
for oral argument if the person filing the comment wishes to participate in oral
argument, which may be scheduled in this case. The committee chair has until
December 15, 2008, to file a response to any comments filed with the Court.
Electronic copies of all comments and responses also must be filed in accordance
with the Court's administrative order In re Mandatory Submission of Electronic
Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).
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It is so ordered.
QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, and BELL, JJ.,
concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceedings – Florida Rules of Juvenile Procedure
David Neal Silverstein, Chair, Florida Juvenile Court Rules Committee, Tampa,
Florida, and John F. Harkness, Jr., Executive Director, The Florida Bar,
Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 8.225.
PROCESS, DILIGENT SEARCHES, AND SERVICE
OF PLEADINGS AND PAPERS
(a) – (b)
(c)
[No Change]
Notice and Service of Pleadings and Papers.
(1) Notice of Arraignment Hearings in Dependency Cases.
Notice of the arraignment hearing must be served on all parties with the summons
and petition. The document containing the notice to appear in a dependency
arraignment hearing must contain, in type at least as large as the balance of the
document, the following or substantially similar language: “FAILURE TO
PERSONALLY APPEAR AT THE ARRAIGNMENT HEARING
CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR
THESE CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
THESE CHILDREN).” Any preadoptive parents of the children and all
participants, including the child’s foster parents and relative caregivers, must be
notified of the arraignment hearing.
(2) Notice of Assessment of Child Support. Other than as part of
a disposition order, if the court, on its own motion or at the request of any party,
seeks to impose or enforce a child support obligation on any parent, all parties and
participants are entitled to reasonable notice that child support will be addressed at
a future hearing.
(3) Notice of Hearings to Participants and Parties Whose
Identity or Address are Known. Any preadoptive parents, all participants,
including foster parents and relative caregivers, and parties whose identity and
address are known must be notified of all proceedings and hearings subsequent to
the initial hearing, unless otherwise provided by law. Notice to parents in
proceedings involving shelter hearings and hearings resulting from medical
emergencies must be that which is most likely to result in actual notice. It is the
duty of the petitioner or moving party to notify any preadoptive parents, all
participants, including foster parents and relative
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caretakers, and parties known to the petitioner or moving party of all hearings
subsequent to the initial hearing, except hearings which must be noticed by the
court. Additional notice is not required if notice was provided to the parties in
writing by the court or is contained in prior court orders and those orders were
provided to the participant or party. All foster or preadoptive parents must be
provided at least 72 hours notice, verbally or in writing, of all proceedings or
hearings relating to children in their care or children they are seeking to adopt to
ensure the ability to provide input to the court.
(4) – (7)
[No Change]
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FORM 8.962. MOTION FOR INJUNCTION
VERIFIED MOTION FOR CHAPTER 39 INJUNCTION FOR
PROTECTION AGAINST ANY ACT OF CHILD ABUSE OR DOMESTIC
VIOLENCE
1. .....(Name and address)..... requests this Court, pursuant to section 39.504, Florida
Statutes, to issue, until .....the cause is disposed/...................., an injunction requiring
.....(name and address of person against whom injunction is requested)..... to do the
following:Movant ( ) Department of Children and Family Services ( ) law enforcement
officer ( ) state attorney ( ) responsible person ( ) the court on its own motion,
.....(name)....., .....(address)....., requests this court under section 39.504, Florida Statutes,
to issue an injunction against Respondent, .....(name)....., .....(address)......
1. The minor child(ren) subject to this request is/are:
Name
......................................
......................................
......................................
......................................
Birth date
.....................................
.....................................
.....................................
.....................................
2. Reasonable cause for the issuance of an injunction exists based on the following
.....(evidence of child abuse or domestic violence and/or recent overt act(s) or failure(s) to
act that provide a basis that there is a reasonable likelihood that such abuse or offense
will occur)......
3. .....
Respondent, .....(name)..... was noticed of the hearing on this motion on
.....(date)......
.....
Movant requests that an injunction be issued without notice to Respondent
because the children are in imminent danger in that .....(explain why there
would be immediate danger and irreparable harm if Respondent is given
notice).....
4. Respondent, .....(name and address)..... can be identified by the following:
Race ..... Gender:
..... Male ..... Female
Birth date .......... Ht. ..... Wt. .....
Eye color .......... Hair color ..........
Distinguishing marks or scars ..........
Vehicle: make, model, and year .......... color ..........
Tag number ..........
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Wherefore, Movant requests that the court enter an injunction under Chapter 39,
Florida Statutes, to protect the minor child(ren) against any act of abuse or domestic
violence and order Respondent to do the following:
..... a. Refrain from further child abuse or unlawful sexual activity with .....(name(s) of
child(ren))...... of the minor child(ren) or exposure of the minor child(ren) to acts
of domestic violence.
..... b. Obtain counseling as arranged by the Department of Children and Family
Services or as specified belowParticipate in a specialized treatment program
including ...........
..... c. Have no limited contact with .....(child(ren)’s name(s))..... except .....(list
acceptable contact provisions)......the child(ren) as follows:
.....
Supervised visitation with the child(ren). The visitation shall be supervised
at all times by the department or an adult approved by the department or
the court. The visitation shall occur on a schedule agreed by the parties
and at the department’s office, a supervised visitation center, or another
place agreed by the parties. The frequency of the visitation shall be ...........
.....
No contact with the child(ren) at home, school, work, or wherever the
child(ren may be found except as otherwise provided by this motion.
..... d. Pay $..... support for the child(ren) and/or family( ) weekly ( ) bi-weekly (
monthly temporary support for the ( ) child(ren) ( ) family members.
)
..... e. Pay the costs of medical, psychiatric, and psychological treatment for ( ) the
child(ren) ( ) family members incurred as a result of the offenses described in
this motion.
..... f. Vacate the home in which .....(child(ren)’s name(s))..... reside(s) and not return
until further order of the court.
..... g. Due to any domestic violence described in this motion, Movant also request the
court to:
.....
.....
Exclude Respondent from the residence, .....(address)..... of the caregiver,
.....(name)......
.....
.....
Award exclusive use and possession of the dwelling to the caregiver,
.....(name)......
Award temporary custody of the child(ren) to the caregiver, .....(name)......
Other requests ..........
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..... OTHER CONDITIONS: ....................
2.
Reasonable cause for the issuance of an injunction exists based on the following:
3.
..... .....(Name and address of person against whom injunction is requested)..... was
noticed of the hearing on this motion on .....(date)......
..... This injunction is being issued without notice because .....(child(ren)’s
name(s)).....
is/are
in
imminent
danger,
in
that
...........................................................
4.
.....(Name and address of person against whom injunction is requested)..... can be
identified by the following:
Race: ..... Gender: Male ..... Female .....
Date of Birth: .....
Height: ..... Weight: ..... Eye Color: .....
Hair Color: .....
Distinguishing marks and/or scars ..........
Vehicle (make/model/year): ..........
Color: ..........
Tag Number: ..........
I certify that a copy of this document was ..... mailed ..... faxed and mailed .....
hand delivered to the person(s) listed below on .....(date)..... or ..... was not delivered to
the person(s) listed below because ...........
Other party or his/her attorney:
Name: ..........
Address: ..........
Fax Number: ...........
I understand that I am swearing or affirming under oath to the truthfulness of the
claims made in this verified motion and that punishment for knowingly making a false
statement includes fines and/or imprisonment.
.....Moving Party.....
STATE OF FLORIDA
COUNTY OF ..........
Sworn to or affirmed and signed before me on .....(date)..... by .....(name).....
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NOTARY PUBLIC OR DEPUTY CLERK
Print, type, or stamp name of notary or clerk
..... Personally known
..... Produced identification
Type of identification produced ..........
If the party filing this motion is represented by an attorney, the attorney must
complete the following:
I, the undersigned attorney for Movant hereby certify that the following efforts have
been made to give notice: .....(efforts made or if none made, state why).....
.....(attorney’s name).....
.....(address and phone number).....
.....(Florida Bar number).....
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FORM 8.963. INJUNCTION ORDER
ORDER ON VERIFIED MOTION FOR
CHAPTER 39 INJUNCTION
THIS CAUSE came before this court on .....(date)....., pursuant to section 39.504,
Florida Statutes. Present before the court were .....(name(s)).....; and the court having
reviewed the verified motion, heard testimony and argument, and being otherwise fully
advised in the premises finds:
1. That this court has jurisdiction to issue an injunction in this cause.
2. The minor children subject to this request are:
Name
............................................
............................................
............................................
............................................
Birth date
................................
................................
................................
................................
23. ...... ......(Name and address of person(s) against whom injunction is requested).....
was noticed of the hearing on this motion on .....date......
..... This injunction is being issued without notice because .....(child(ren)’s
name(s))..... is/are in imminent danger, in that .....(explain why there would be
immediate and irreparable harm if the other party is given notice)......
34. Reasonable cause for the issuance of an injunction ..... does ..... does not exists
based on the following: ........................
45. .....(Name and address of person against whom injunction is requested)..... can be
identified by the following:
Race: ..... Gender: Male ..... Female .....
Date of Birth: .....
Height: ..... Weight: ..... Eye Color: .....
Hair Color: .....
Distinguishing marks and/or scars: ....................
Vehicle (make/model/year): ....................
Color: ....................
Tag Number: ....................
THEREFORE, based upon the foregoing findings, it is hereby ORDERED AND
ADJUDGED that:
1. This court ..... grants ..... denies the motion for injunction.
12. Until .....disposition of this cause/ ( ) .....(date)...../ further order of this court ( )
modified or dissolved by this court....., Respondent, .....(name and address of person
against whom injunction is requested)..... shall:
..... Refrain from further child abuse or unlawful sexual activity with .....(name(s) of
the child(ren))......of the minor child(ren) or exposure of the child(ren) to acts of
domestic violence.
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..... Obtain counseling as arranged by the Department of Children and Family
Services or as follows: Participate in a specialized treatment program including
.....................
..... Have no contact with .....(child(ren)’s name(s))..... except .....(list acceptable
contact provisions)...........Have limited contact with the minor child(ren) as
follows:
..... Supervised visitation with the child(ren). The visitation shall be supervised at
all times by the Department or an adult approved by the Department or the
court. The visitation shall occur on a schedule agreed by the parties and at the
Department’s office, a supervised visitation center, or another place agreed by
the parties. The frequency of the visitation shall be .....................
..... No contact with the child(ren) at home, school, work, or wherever the
child(ren) may be found, except as otherwise provided in this order.
..... Vacate the home in which .....(child(ren)’s name(s))..... reside(s) and not
return until further order of the court.
..... Other conditions .....................
..... Pay $......... support for the child(ren) and/or family( ) weekly, ( ) bi-weekly (
) monthly temporary support for the ( ) child(ren) ( ) family members.
..... Pay the costs of medical, psychiatric, and psychological treatment for ( ) the
children ( ) family members incurred as a result of the offenses described in the
verified motion.
..... Vacate the home in which .....(child(ren)’s name(s))..... reside(s) and not return
until further order of the court.
..... OTHER CONDITIONS: ..........
3. Due to any domestic violence, the court hereby
..... Awards the exclusive use and possession of the dwelling, .....(address)..... to the
caregiver .....(name)..... or exclude Respondent from the residence of the
caregiver.
..... Awards temporary custody of the child(ren) to the caregiver, .....(name)......
24. This court retains jurisdiction over this cause to enter any further orders that may
be deemed necessary for the best interest and welfare of the minor child(ren).
35. All prior orders not inconsistent with the present Order shall remain in full force
and effect.
DONE AND ORDERED on .....(date)......
Circuit Judge
Copies furnished to:
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COMMENT: If injunction is issued ex parte, include the following:
NOTICE OF HEARING
The Juvenile Court hereby gives notice of hearing in the above styled cause on
.....(date)..... at .......... a.m./p.m., before .....(judge)....., at .....(location)..... or as soon
thereafter as counsel can be heard.
In accordance with the Americans With Disabilities Act, persons needing a special
accommodation to participate in this proceeding should contact the Office of the
Court Administrator no later than 7 days before the proceeding at .....(telephone
number)......
PLEASE BE GOVERNED ACCORDINGLY.
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FORM 8.968. AFFIDAVIT OF DILIGENT SEARCH
AFFIDAVIT OF DILIGENT SEARCH
STATE OF FLORIDA
COUNTY OF ..........
BEFORE ME, the undersigned authority, personally appeared .....(name)....., affiant, who,
being first duly sworn, deposes and says that .....he/she..... made a diligent search and
inquiry to determine the residence of .....(name)....., the .....parent/prospective parent.....
of .....(name(s) of child(ren))....., and the results are as follows:
1. Affiant has received the name of the .....(parent/prospective parent)..... from
.....(name)......
2. Affiant has had no face-to-face contact with .....(name of parent/prospective
parent)......
3. On .....(date)..... affiant telephoned information at .....(name)..... and was informed
that there was no listing for .....(name of parent/prospective parent)......
4. On .....(date)..... affiant searched the .....(city)..... telephone directory and was
unable to locate a listing for .....(name of parent/prospective parent)......
5. On .....(date)..... affiant sent a certified letter, return receipt requested, to
.....(address)....., a last known address of .....(name of parent/prospective parent)...... On
.....(date)..... affiant received the unclaimed receipt by return mail.
6. On .....(date)..... affiant visited .....(address)....., the last known address of
.....(name of parent/prospective parent)....., and was informed by .....(name)..... that
.....(name of parent/prospective parent)..... no longer resides there.
7. Affiant has made inquiries of all relatives of .....(name of parent/prospective
parent)..... of the child, including the other parent, made known to me by the petitioner
and .....(name)...... The names, addresses, and telephone numbers of those relatives
contacted are: .......... None of the relatives contacted know the current residence or
whereabouts of .....(name of parent/prospective parent)......
8. Affiant has made inquiries of all offices of program areas, including but not
limited to mental health, of the Department of Children and Family Services likely to
have information about .....(name of parent/prospective parent)...... The names, addresses,
and/or telephone numbers of those offices are: .......... No one in any of these offices
knows the current residence or address of .....(name of parent/prospective parent)......
9. Affiant has made inquiries of other state and federal agencies likely to have
information about .....(name of parent/prospective parent)...... The names, addresses,
and/or telephone numbers of those agencies: ........... No one in any of these agencies
knows the current residence or whereabouts of .....(name of parent/prospective parent)......
10. Affiant has made inquiries of appropriate utility and postal providers. The names,
addresses, and/or telephone numbers of those providers are: ........... None of those
providers know the current residence or whereabouts of .....(name of parent/prospective
parent)......
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11. Affiant has made inquiries of appropriate law enforcement agencies. The names,
addresses, and/or telephone numbers of those agencies are: ........... .....(Name of
parent/prospective parent)..... is not known to any of these agencies.
12. Affiant has made inquiries of the federal armed services, including the United
States Army, Navy, Air Force, Marine Corps, and National Guard. .....(Name of parent/prospective parent)..... is not currently a member of these services.
13. Affiant has made inquiries of all the hospitals in the .......... area. The names,
addresses, and/or telephone numbers of those hospitals are: ........... .....(Name of
parent/prospective parent)..... is not currently a patient at, nor has .....he/she..... recently
been admitted to, these hospitals.
14. Affiant has conducted a thorough search of at least one electronic database
specifically designed for locating persons including .....(name of database)...... No
information regarding .....(name of parent/prospective parent)..... was found in this
electronic database.
145.
age.
.....(Name of parent/prospective parent)..... .....is/is not..... over 18 years of
156. Affiant is unable to determine the residence or whereabouts of .....(name of
parent/prospective parent)..... and thus cannot personally serve process upon
.....him/her......
Affiant
Before me, the undersigned authority, personally appeared .....(name)....., the petitioner in
this action, who .....is personally known to me/produced .....(document)..... as
identification....., and who affirms that the allegations are filed in good faith and are true
and correct to the best of petitioner’s knowledge.
SWORN TO AND SUBSCRIBED before me .....(date)......
NOTARY PUBLIC
Name: ....................
Commission No.: ....................
My commission expires: ....................
OR
Verification (see Form 8.902)
15
FORM 8.977.
ORDER
AUTHORIZING
CHILD
TO
ENTER
INTO
RESIDENTIAL LEASEHOLD AND SECURE UTILITY SERVICES
BEFORE THE CHILD’S 18TH BIRTHDAY
ORDER AUTHORIZING CHILD TO ENTER INTO RESIDENTIAL
LEASEHOLD AND TO SECURE RESIDENTIAL UTILITY SERVICES BEFORE THE
CHILD’S 18TH BIRTHDAY
THIS CAUSE came before the court to remove the disabilities of nonage of
.....(name)....., for the purposes of entering into a residential leasehold and to secure residential
utility services. tThe court being fully advised in the premises FINDS as follows:
.....(Name)..... is 17 years of age, meets the requirements of sections 743.045 and
743.046, Florida Statutes, and is entitled to the benefits of thatthose statutes.
THEREFORE, based on these findings of fact, it is ORDERED AND ADJUDGED that
the disabilities of nonage of .....(name)..... are hereby removed for the purposes of entering a
residential leasehold and securing residential utility services. .....(Name)..... is hereby authorized
to make and execute contracts, releases, and all other instruments necessary for the purposes of
entering into a residential leasehold and securing residential utility services. The contracts or
other instruments made by .....(name)..... for the purposes of entering into a residential leasehold
and securing residential utility services shall have the same effect as though they were the
obligations of a person who is not a minor.
ORDERED at ..................................., Florida, on .....(date)......
_____________________________
Circuit Judge
Copies to:
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