Juvenile Procedure - The Florida Bar

1 1 Florida RULES OF Juvenile Procedure TABLE OF CONTENTS Florida RULES OF Juvenile Procedure .. 1 TABLE OF CONTENTS .. 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES ..11 PART I. RULES OF GENERAL APPLICATION ..14 RULE SCOPE AND PURPOSE ..14 RULE FAMILY LAW COVER SHEET ..15 RULE ELECTRONIC FILING ..15 PART II. DELINQUENCY PROCEEDINGS ..18 A. PRELIMINARY PROCEEDINGS ..18 RULE ORDERING CHILDREN INTO CUSTODY ..18 RULE DETENTION HEARING ..19 RULE DETENTION PETITION AND ORDER ..21 RULE ARRAIGNMENT OF DETAINED CHILD.

2 22 B. PLEADINGS, PROCESS, AND ORDERS ..23 RULE STYLE OF PLEADINGS AND ORDERS ..23 RULE COMMENCEMENT OF FORMAL PROCEEDINGS ..23 RULE PETITION FOR PARENTAL SANCTIONS ..24 RULE PETITIONS FOR DELINQUENCY ..24 RULE PROCESS ..25 RULE WITNESS ATTENDANCE AND SUBPOENAS ..26 RULE NOTICE TO APPEAR ..28 RULE ORDERS ..30 C. DISCOVERY ..30 RULE RULE NOTICE OF DEFENSE OF ALIBI ..41 D. ARRAIGNMENTS AND PLEAS ..41 RULE ARRAIGNMENTS ..41 RULE PLEAS ..42 2 RULE ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA 44 E. MOTIONS AND SERVICE OF PLEADINGS.

3 46 RULE PREHEARING MOTIONS AND SERVICE ..46 RULE SPEEDY RULE Procedure WHEN CHILD BELIEVED TO BE INCOMPETENT OR INSANE ..56 F. HEARINGS ..64 RULE GENERAL PROVISIONS FOR HEARINGS ..64 RULE TESTIMONY BY CLOSED-CIRCUIT TELEVISION ..66 RULE WAIVER OF JURISDICTION ..67 RULE ADJUDICATORY HEARINGS ..68 RULE DISPOSITION HEARING ..70 RULE POST-DISPOSITION HEARING ..71 G. RELIEF FROM ORDERS AND JUDGMENTS ..72 RULE MOTION FOR REHEARING ..72 RULE CORRECTION OF DISPOSITION OR COMMITMENT ORDERS 73 RULE EXTRAORDINARY RELIEF.

4 75 RULE SUPERSEDEAS ON APPEAL ..75 H. CONTEMPT ..75 RULE CONTEMPT ..75 I. GENERAL PROVISIONS ..77 RULE TRANSFER OF CASES ..77 RULE PROVIDING COUNSEL TO PARTIES ..79 RULE GUARDIAN AD LITEM ..80 RULE COMPUTATION AND ENLARGEMENT OF TIME ..80 RULE COMMUNITY ARBITRATION ..80 PART III. DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS ..82 A. GENERAL PROVISIONS ..82 3 RULE COMMENCEMENT OF PROCEEDINGS ..82 RULE APPLICATION OF UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT ..82 RULE TRANSFER OF CASES.

5 82 RULE PARTIES AND PARTICIPANTS ..85 RULE GUARDIAN AD LITEM ..85 RULE ATTORNEY AD LITEM ..87 RULE STYLE OF PLEADING AND ORDERS ..88 RULE PERMANENT MAILING ADDRESS ..89 RULE PROCESS, DILIGENT SEARCHES, AND SERVICE OF PLEADINGS AND PAPERS ..89 RULE DETERMINATION OF PARENTHOOD ..97 RULE PLEADINGS TO BE SIGNED ..98 RULE PROVIDING COUNSEL TO DEPENDENT CHILDREN WITH SPECIAL NEEDS WHO HAVE A STATUTORY RIGHT TO COUNSEL ..99 RULE MOTIONS ..99 RULE COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME ..100 RULE RULE EXAMINATIONS, EVALUATION, AND TREATMENT.

6 113 RULE GENERAL PROVISIONS FOR HEARINGS ..114 RULE GENERAL MAGISTRATES ..116 RULE ORDERS ..121 RULE MOTION FOR REHEARING ..121 RULE RELIEF FROM JUDGMENTS OR ORDERS ..123 RULE APPEAL procedures ..123 RULE CRIMINAL CONTEMPT ..123 RULE CIVIL CONTEMPT ..125 RULE DEPENDENCY MEDIATION ..127 RULE APPOINTMENT AND DISCHARGE OF SURROGATE PARENT 131 B. TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS .133 4 RULE TAKING INTO RULE SHELTER PETITION, HEARING, AND ORDER ..134 C. PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION 138 RULE DEPENDENCY PETITIONS.

7 138 RULE ARRAIGNMENTS AND PREHEARING CONFERENCES ..140 RULE PROVIDING COUNSEL TO PARTIES ..141 RULE ANSWERS AND PLEADINGS ..142 RULE ADJUDICATORY HEARINGS ..143 RULE ORDER FINDING RULE ALTERNATIVES PENDING DISPOSITION ..146 RULE DISPOSITION HEARINGS ..146 RULE POST-DISPOSITION RELIEF ..147 RULE MOTION TO SUPPLEMENT ORDER OF ADJUDICATION, DISPOSITION ORDER, AND CASE PLAN ..148 RULE PLACEMENT OF CHILD INTO RESIDENTIAL TREATMENT CENTER AFTER ADJUDICATION OF DEPENDENCY ..154 RULE ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO A CHILD IN SHELTER CARE OR IN FOSTER CARE WHEN PARENTAL CONSENT HAS NOT BEEN OBTAINED.

8 157 D. CASE PLANS ..160 RULE CASE PLAN DEVELOPMENT ..160 RULE CASE PLAN DEVELOPMENT FOR YOUNG ADULTS ..162 RULE APPROVAL OF CASE PLANS ..163 RULE JUDICIAL REVIEW OF DEPENDENCY CASES ..165 RULE CASE PLAN AMENDMENTS ..169 RULE PERMANENCY HEARINGS ..171 RULE MODIFICATION OF PERMANENCY ORDER ..175 RULE REINSTATEMENT OF JURISDICTION FOR YOUNG ADULT 176 E. TERMINATION OF PARENTAL RIGHTS ..177 RULE PETITION ..177 RULE PROCESS AND SERVICE ..179 5 RULE ADVISORY HEARING AND PRETRIAL STATUS CONFERENCES ..180 RULE PROVIDING COUNSEL TO PARTIES.

9 182 RULE WITHDRAWAL AND APPOINTMENT OF attorney ..183 RULE ANSWERS AND RESPONSIVE PLEADINGS ..185 RULE ADJUDICATORY HEARINGS ..186 RULE PARENT S MOTION CLAIMING INEFFECTIVE ASSISTANCE OF COUNSEL FOLLOWING ORDER TERMINATING PARENTAL RIGHTS ..188 RULE POSTDISPOSITION HEARINGS ..193 PART IV. PROCEEDINGS FOR FAMILIES AND CHILDREN IN NEED OF SERVICES 194 RULE COMMENCEMENT OF PROCEEDINGS ..194 RULE APPLICATION OF UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT ..194 RULE TRANSFER OF CASES ..195 RULE PARTIES.

10 195 RULE PROVIDING COUNSEL TO PARTIES ..195 RULE GUARDIAN AD LITEM ..196 RULE STYLE OF PLEADINGS AND ORDERS ..197 RULE GENERAL PROVISIONS FOR HEARINGS ..197 RULE COMPUTATION AND ENLARGEMENT OF TIME ..198 RULE PROCESS ..198 RULE PLEADINGS TO BE SIGNED ..203 RULE ORDERS ..203 RULE TAKING INTO RULE SHELTER PETITION, HEARING, AND ORDER ..205 RULE PETITIONS ..206 RULE ANSWERS, ARRAIGNMENTS, AND PREHEARING CONFERENCES ..207 RULE MOTIONS ..208 RULE EXAMINATIONS, EVALUATION, AND TREATMENT ..209 6 RULE RULE ADJUDICATORY HEARINGS.