In Re: Amendments to Florida Rules of Juvenile Procedure 8.245, 8.250, and Form 8.961 ( 2023 )

Supreme Court of Florida
____________
No. SC22-1125
____________
IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE 8.245, 8.250, AND FORM 8.961.
March 23, 2023
PER CURIAM.
This matter is before the Court for consideration of proposed
amendments to the Florida Rules of Juvenile Procedure. See Fla. R.
Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See
art. V, § 2(a), Fla. Const.
The Florida Bar’s Juvenile Court Rules Committee (Committee)
filed a report proposing amendments to rules 8.245 (Discovery) and
8.250 (Examinations, Evaluation, and Treatment), and form 8.961
(Shelter Order). The Committee and the Board of Governors of The
Florida Bar approved the proposed amendments. The Committee
published its proposal for comment prior to filing it with the Court,
and no comments were received. After the Committee filed its
report, the Court published the proposal for comment, and no
comments were received.
Having considered the proposed amendments, the Court
hereby amends Florida Rules of Juvenile Procedure 8.245 and
8.250, and form 8.961 as proposed by the Committee. The more
significant amendments are discussed below.
First, rule 8.245 is amended to add the phrase “whether
stored in paper or electronic format” to clarify that the rule applies
to electronic discovery. The time period for serving a notice of the
intent to serve a subpoena is changed from 5 days to 10 days, and
“or email” is added to indicate that email service of the subpoena is
allowable. Additionally, 10 days is modified to 15 days for service
by mail. These changes are in response to In re Amendments to the
Florida Rules of Civil Procedure, the Florida Rules of Judicial
Administration, the Florida Rules of Criminal Procedure, and the
Florida Rules of Appellate Procedure—Electronic Service, 257 So. 3d
66 (Fla. 2018), which amended rules 2.514(b) and 2.516(b)(1)(D)(iii)
to exclude email service from being treated as service by mail for
computation of time and having an additional 5 days’ time for
service.
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Next, rule 8.250 is amended to provide greater clarity and
compliance with section 39.521, Florida Statutes (2022).
Subdivision (b) is divided into two subdivisions, (b)(1) and (b)(2), to
distinguish between pre- and post-dependency adjudication
evaluations. New subdivisions (b)(1)(A) and (B) explain that a
physical or mental examination and substance abuse assessment
or evaluation may be ordered for a person who has or is requesting
custody of a child. New subdivisions (b)(2)(A) and (B) explain such
examinations may be ordered after a dependency adjudication and
the court can require the person to comply with treatments
identified as necessary.
Finally, form 8.961 is amended to add a paragraph to allow
the court to indicate whether the parents/legal custodians that are
active-duty military members were notified of the entitlement to
certain protections under the Servicemember Civil Relief Act.
Accordingly, we amend the Florida Rules of Juvenile Procedure
as reflected in the appendix to this opinion. New language is
indicated by underscoring; deletions are indicated by struck-
through type. The amendments shall become effective July 1,
2023, at 12:01 a.m.
-3-
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL,
GROSSHANS, and FRANCIS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Juvenile Procedure
Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee,
Bradenton, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff
Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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Appendix
RULE 8.245. DISCOVERY
(a) Scope of Discovery. Unless otherwise limited by the
court in accordance with these rules, the scope of discovery is as
follows:
(1) In General. Parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of
the pending action, whether it relates to the claim or defense of the
party seeking discovery or the claim or defense of any other party,
including the existence, description, nature, custody, condition, and
location of any books, documents, or other tangible things, whether
stored in a paper or electronic format, and the identity and location
of persons having knowledge of any discoverable matter. It is not
ground for objection that the information sought will be
inadmissible at the hearing if the information sought appears
reasonably calculated to lead to the discovery of admissible
evidence.
(2) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party
shallmust make the claim expressly and describe the nature of the
document, communications, or things not produced or disclosed in
a manner that, without revealing information itself privileged or
protected, will allow other parties to assess the applicability of the
privilege or protection.
(b) Required Disclosure.
(1) At any time after the filing of a shelter petition, a
petition alleging a child to be a dependent child, or a petition for
termination of parental rights, on written demand of any party, the
party to whom the demand is directed shallmust disclose and
permit inspecting, copying, testing, or photographing matters
material to the cause. If the child had no living parent with intact
parental rights at the time the dependency allegations arose, then
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the person who was serving as the legal custodian of the child at
that time is entitled to obtain discovery during the pendency of a
shelter or dependency petition.
(2) The following information shallmust be disclosed by
any party on demand:
(A) – (E) [NO CHANGE]
(3) The disclosures required by subdivision (ab)1 of this
rule shallmust be made within 10 days from the receipt of the
demand for them. Disclosure may be made by allowing the
requesting party to review the files of the party from whom
discovery is requested after redaction of nondiscoverable
information.
(c) Limitations on Disclosure.
(1) [NO CHANGE]
(2) Disclosure shallmust not be required of legal
research or of records, correspondence, or memoranda, to the
extent that they contain the opinion, theories, or conclusions of the
parties’ attorneys or members of their legal staff.
(d) Production of Documents and Things for Inspection
and Other Purposes.
(1) Request; Scope. Any party may request any other
party
(A) to produce and permit the party making the
request, or someone acting on the requesting party’s behalf, to
inspect and copy any designated documents, including writings,
drawings, graphs, charts, photographs, phono-records, and other
data compilations from which information can be obtained,
translated, if necessary, whether stored in paper or electronic
format, by the party to whom the request is directed through
detection devices into reasonably usable form, that constitute or
contain matters within the scope of subdivision (a) and that are in
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the possession, custody, or control of the party to whom the request
is directed; and
(B) [NO CHANGE]
(2) Procedure. Without leave of court the request may
be served on the petitioner after commencement of proceedings and
on any other party with or after service of the summons and initial
petition on that party. The request shallmust set forth the items to
be inspected, either by individual item or category, and describe
each item and category with reasonable particularity. The request
shallmust specify a reasonable time, place, and manner of making
the inspection or performing the related acts. The party to whom
the request is directed shallmust serve a written response within 15
days after service of the request, except that a respondent may
serve a response within 30 days after service of the process and
initial pleading on that respondent. The court may allow a shorter
or longer time. For each item or category the response shallmust
state that inspection and related activities will be permitted as
requested unless the request is objected to, in which event the
reasons for the objection shallmust be stated. If an objection is
made to part of an item or category, the part shallmust be specified.
When producing documents, the producing party shallmust either
produce them as they are kept in the usual course of business or
shallmust identify them to correspond with the categories in the
request. The party submitting the request may move for an order
under subdivision (k) concerning any objection, failure to respond
to the request, or any part of it, or failure to permit inspection as
requested.
(3) [NO CHANGE]
(4) Filing of Documents. Unless required by the court, a
party shallmust not file any of the documents or things produced
with the response. Documents or things may be filed only when
they should be considered by the court in determining a matter
pending before the court.
(e) Production of Documents and Things Without
Deposition.
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(1) [NO CHANGE]
(2) Procedure. A party desiring production under this
rule shallmust serve notice on every other party of the intent to
serve a subpoena under this rule at least 510 days before the
subpoena is issued if service is by delivery or email and 1015 days
before the subpoena is issued if service is by mail. The proposed
subpoena shallmust be attached to the notice and shallmust state
the time, place, and method for production of the documents or
things, and the name and address of the person who is to produce
the documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; shallmust include a
designation of the items to be produced; and shallmust state that
the person who will be asked to produce the documents or things
has the right to object to the production under this rule and that
the person will not be required to surrender the documents or
things. A copy of the notice and proposed subpoena shallmust not
be furnished to the person on whom the subpoena is to be served. If
any party serves an objection to production under this rule within
10 days of service of the notice, the documents or things shallmust
not be produced under this rule and relief may be obtained under
subdivision (g).
(3) Subpoena. If no objection is made by a party under
subdivision (e)(2), an attorney of record in the action may issue a
subpoena or the party desiring production shallmust deliver to the
clerk for issuance a subpoena and a certificate of counsel or pro se
party that no timely objection has been received from any party.
The clerk shallmust issue the subpoena and deliver it to the party
desiring production. The subpoena shallmust be identical to the
copy attached to the notice, shallmust specify that no testimony
may be taken, and shallmust require only production of the
documents or things specified in it. The subpoena may give the
recipient an option to deliver or mail legible copies of the documents
or things to the party serving the subpoena. The person on whom
the subpoena is served may condition the preparation of copies on
the payment in advance of the reasonable costs of preparing the
copies. The subpoena shallmust require production only in the
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county of the residence of the custodian or other person in
possession of the documents or things or in the county where the
documents or things are located or where the custodian or person
in possession usually conducts business. If the person on whom
the subpoena is served objects at any time before the production of
the documents or things, the documents or things shallmust not be
produced under this rule, and relief may be obtained under
subdivision (g).
(4) Copies Furnished. If the subpoena is complied with
by delivery or mailing of copies as provided in subdivision (e)(3), the
party receiving the copies shallmust furnish a legible copy of each
item furnished to any other party who requests it on the payment of
the reasonable cost of preparing the copies.
(5) [NO CHANGE]
(f) [NO CHANGE]
(g) Depositions.
(1) Time and Place.
(A) [NO CHANGE]
(B) The deposition shallmust be taken in a
building in which the adjudicatory hearing may be held, in another
place agreed on by the parties, or where the trial court may
designate by special or general order. A resident of the state may be
required to attend an examination only in the county in which he or
she resides, is employed, or regularly transacts business in person.
(2) Procedure.
(A) The party taking the deposition shallmust give
written notice to each other party. The notice shallmust state the
time and place the deposition is to be taken and the name of each
person to be examined.
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(B) Subpoenas for taking depositions shallmust be
issued by the clerk of the court, the court, or any attorney of record
for a party.
(C) [NO CHANGE]
(D) Except as otherwise provided by this rule, the
procedure for taking the deposition, including the scope of the
examination and obtaining protective orders, shallmust be the same
as that provided by the Florida Rules of Civil Procedure.
(3) – (5) [NO CHANGE]
(6) Limitations on Use. Except as provided in
subdivision (3), no deposition shallmust be used or read in evidence
when the attendance of the witness can be procured. If it appears to
the court that any person whose deposition has been taken has
absented himself or herself by procurement, inducements, or
threats by or on behalf of any party, the deposition shallmust not
be read in evidence on behalf of that party.
(h) Perpetuating Testimony Before Action or Pending
Appeal.
(1) Before Action.
(A) Petition. A person who desires to perpetuate
the person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition shallmust be titled in the
name of the petitioner and shallmust show:
(i) – (v) [NO CHANGE]
(B) Notice and Service. The petitioner shallmust
serve a notice on each person named in the petition as an expected
adverse party, with a copy of the petition, stating that the petitioner
will apply to the court at a time and place in the notice for an order
described in the petition. At least 20 days before the date of the
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hearing, the notice shallmust be served either within or without the
county in the manner provided by law for serving of summons.
However, if service cannot with due diligence be made on any
expected adverse party named in the petition, the court may order
service by publication or otherwise and shallmust appoint an
attorney for persons not served in the manner provided by law for
service of summons. The attorney shallmust represent the adverse
party and, if he or she is not otherwise represented, shallmust
cross-examine the deponent.
(C) Order and Examination. If the court is
satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shallmust make an order designating or
describing the persons whose depositions may be taken and
specifying the subject matter of the examination and whether the
deposition shallmust be taken on oral examination or written
interrogatories. The deposition may then be taken in accordance
with these rules and the court may make orders in accordance with
the requirements of these rules. For the purpose of applying these
rules to depositions for perpetuating testimony, each reference in
them to the court in which the action is pending shallmust be
deemed to refer to the court in which the petition for the deposition
was filed.
(D) [NO CHANGE]
(2) Pending Appeal. If an appeal has been taken from a
judgment of any court or before the taking of an appeal if the time
for it has not expired, the court in which the judgment was
rendered may allow the taking of the depositions of witnesses to
perpetuate their testimony for use in further proceedings in the
court. In such case, the party who desires to perpetuate the
testimony may move for leave to take the deposition on the same
notice and service as if the action were pending in the court. The
motion shallmust show the names and addresses of persons to be
examined, the substance of the testimony expected to be elicited
from each, and the reasons for perpetuating the testimony. If the
court finds that the perpetuation is proper to avoid a failure or
delay in justice, it may make orders as provided for by this rule and
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the deposition may then be taken and used in the same manner
and under the same conditions as are prescribed in these rules for
depositions taken in actions pending in the court.
(3) [NO CHANGE]
(i) [NO CHANGE]
(j) Supplemental Discovery. If, subsequent to compliance
with these rules, a party discovers additional witnesses, evidence,
or material that the party would have been under a duty to disclose
or produce at the time of the previous compliance, the party
shallmust promptly disclose or produce such witnesses, evidence,
or material in the same manner as required under these rules for
initial discovery.
(k) [NO CHANGE]
Committee Notes
[NO CHANGE]
RULE 8.250. EXAMINATIONS, EVALUATION, AND TREATMENT
(a) [NO CHANGE]
(b) Parent, Legal Custodian, or Other Person who has
Custody or is Requesting Custody.
(1) Pre-Dependency Adjudication.
(A) Physical or Mental Examination. At any time
after the filing of a shelter, dependency, or termination of parental
rights petition, or after an adjudication of dependency or a finding
of dependency when adjudication is withheld, whenBefore a
dependency adjudication, if the mental or physical condition,
including the blood group, of a parent, legal custodian, or other
person who has custody or is requesting custody of a child is in
controversy, any party may request the court to order the person to
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submit to a physical or mental examination or a substance abuse
evaluation or assessmentby a qualified professional on a showing of
good cause.
(B) Substance Abuse Assessment or Evaluation.
Before a dependency adjudication, the court may order a person
who has custody or is requesting custody of the child to submit to a
substance abuse assessment or evaluation by a qualified
professional on a showing of good cause.
(2) Post-Dependency Adjudication.
(A) Physical or Mental Examination. After a
dependency adjudication, the court, on request of any party, may
require the person who has custody or who is requesting custody of
the child to submit to a physical or mental health examination. The
order may be made only on good cause shown. The mental health
examination must be administered by a qualified professional as
defined by law. The court may also require such person to
participate in and comply with treatment and services identified as
necessary, including, when appropriate and available, participation
in and compliance with a mental health court program established
by law.
(B) Substance Abuse Assessment or Evaluation.
After a dependency adjudication, the court, on request of any party,
may require the person who has custody or who is requesting
custody of the child to submit to a substance abuse assessment or
evaluation. The order may be made only on good cause shown. The
substance abuse assessment or evaluation must be administered
by a qualified professional as defined by law. The court may also
require such person to participate in and comply with treatment
and services identified as necessary, including, when appropriate
and available, participation in and compliance with a treatment-
based drug court program established by law. Adjudication of a
child as dependent based on evidence of harm as defined by law
demonstrates good cause, and the court must require the parent
whose actions caused the harm to submit to a substance abuse
disorder assessment or evaluation and to participate and comply
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with treatment and services identified in the assessment or
evaluation as being necessary.
(3) Notice. The order may be made only on good cause
shown and after notice to the person to be examined, assessed, or
evaluated, and to all parties and shallmust specify the time, place,
manner, conditions, and scope of the examination, assessment, or
evaluation and the person or persons by whom it is to be made.
(4) Hearing to Quash. The person whose examination,
assessment, or evaluation is soughtrequested may, after receiving
notice, of the request for an examination request a hearing seeking
to quash the request after receiving notice of the request. Any
written or oral motion must advise the person whose examination,
assessment, or evaluation is sought of the person’s right to request
a hearing seeking to quash the request.
(5) Court’s Own Motion. The court may, on its own
motion and after notice, order a parent, legal custodian, or other
person who has custody or is requesting custody to undergo sucha
physical or mental examination or a substance abuse evaluation or
assessment, treatment, or counseling activities as authorized by law
and this rule.
Committee Notes
[NO CHANGE]
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FORM 8.961. SHELTER ORDER
ORDER FOR PLACEMENT IN SHELTER
THIS CAUSE came on to be heard under chapter 39, Florida Statutes, on
the sworn AFFIDAVIT AND PETITION FOR PLACEMENT IN SHELTER CARE
filed by .....(petitioner’s name)....., on .....(date)...... The following persons
appeared before the court:
..... Petitioner ……….
..... Petitioner’s attorney ……….
..... Mother ………..
..... Father(s) ……….
..... Legal custodian(s) ……….
..... Guardian ad litem ……….
..... GAL attorney ……….
..... Attorney for the Child ……….
..... Other: ……….
COMMENT: The name of the guardian ad litem and the attorney ad litem, if
appointed, must be listed on the order, even if he or she was not present at the
hearing.
and the Court having reviewed its file and having been otherwise duly advised
in the premises finds as follows:
1. The minor child(ren), .........., was/were found within the
jurisdiction of this court and is/are of an age subject to the jurisdiction of this
court.
2. PLACEMENT IN SHELTER.
..... The minor child(ren) was/were placed in shelter on .....(date)..... at
.......... a.m./p.m. by .....(name)....., a duly authorized agent of the department.
..... The minor child(ren) need(s) to be placed in shelter at the request
of the petitioner for the reasons stated in this order.
3. PARENTS/CUSTODIANS. The parents/custodians of the
minor child(ren) are:
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Name Address
Mother: .......... ..........
Father of .....(child’s name).....:
.......... ..........
Other: .....(relationship and to which child).....
.......... ..........
4. INABILITY TO NOTIFY AND/OR LOCATE
PARENTS/CUSTODIANS. The petitioner has made a good faith effort to notify
and/or locate, but was unable to notify and/or locate .....(name(s))....., a parent
or legal custodian of the minor child(ren).
5. NOTIFICATION. Each parent/legal custodian not listed in #4
above was:
..... duly notified that the child(ren) was/were taken into custody;
..... duly notified to be present at this hearing;
..... served with a statement setting forth a summary of procedures
involved in dependency cases;
….. notified that if they are on active military duty, they may have the
right to certain protections under the Servicemember Civil Relief Act (50 U.S.C.
ss. 3901 et seq.);
..... advised of their right to counsel; and
..... was represented by counsel, .....(name).....
..... knowingly, voluntarily, and intelligently waived the right; or
..... the court declined to accept the waiver because ..........
..... requested appointment of counsel, but the court declined
appointment because he/she did not qualify as indigent.
..... requested appointment of counsel and counsel was appointed.
6. PROBABLE CAUSE.
..... Based on the allegations in the Affidavit and Petition for Placement
in Shelter, there is probable cause to believe that the child(ren) is/are
dependent based on allegations of abuse, abandonment, or neglect or
substantial risk of same.
..... A finding of probable cause cannot be made at this time and the
court requires additional information to determine the risk to the child(ren).
The following information must be provided to the court during the
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continuation of this hearing: .....(information to be provided)...... This hearing is
continued for 72 hours, until .....(date and time)...... The children will remain in
shelter care.
7. NEED FOR PLACEMENT. Placement of the child(ren) in shelter
care is in the best interest of the child(ren). Continuation in the home is
contrary to the welfare of the child(ren) because the home situation presents a
substantial and immediate danger which cannot be mitigated by the provision
of preventive services and placement is necessary to protect the child(ren) as
shown by the following facts:
..... the child(ren) was/were abused, abandoned, or neglected, or is/are
suffering from or in imminent danger of injury or illness as a result of abuse,
abandonment, or neglect, specifically: ..........
..... the custodian has materially violated a condition of placement
imposed by the court, specifically: ..........
..... the child(ren) has/have no parent, legal custodian, or responsible
adult relative immediately known and available to provide supervision and
care, specifically: ..........
8. REASONABLE EFFORTS.
..... Reasonable efforts to prevent or eliminate the need for removing
the child(ren) from the home have been made by the department, which
provided the following services to the family: ..........
..... The following specific services, if available, could prevent or
eliminate the need for removal or continued removal of the child from the home
..........
..... The date these services are expected to be available is ..........
..... The department is deemed to have made reasonable efforts to
prevent or eliminate the need for removal from the home because:
..... The first contact with the department occurred during an
emergency.
..... The appraisal of the home situation by the department indicates a
substantial and immediate danger to the child(ren) which cannot be mitigated
by the provision of preventive services.
..... The child(ren) cannot safely remain at home because no services
exist that can ensure the safety of the child(ren). Services are not available
because ..........
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..... Even with appropriate services, the child(ren)’s safety cannot be
ensured.
..... The department has made reasonable efforts to keep siblings
together after the removal from the home. The reasonable efforts of the
department were ..........
..... It is not in the best interest of each child that all the siblings be
placed together in out-of-home care because ..........
9. RELATIVE PLACEMENT.
..... The court asked any parents present whether the parents have
relatives that might be considered as a placement for the child(ren).
..... The court advised any parents present that the parents have a
continuing duty to inform the department of any relative who should be
considered for placement of the child.
..... By this order, the court notifies the relatives who are providing
out-of-home care for the child(ren) of the right to attend all subsequent
hearings, to submit reports to the court, and to speak to the court regarding
the child(ren), if they so desire.
It is, therefore, ORDERED AND ADJUDGED, as follows:
..... 1. The child(ren) shall remain/be placed in the shelter custody
of:
..... the department, with the department having the discretion to
shelter the child(ren) with a relative or other responsible adult on completion of
a positive homestudy, abuse registry, and criminal background checks. The
department shall have placement and care responsibility while the child(ren)
is/are under protective supervision in an out-of-home placement.
..... all the children shall be placed together in a foster home if
available.
..... a foster home is not available for all the children because ..........
..... placement of all the children in the same foster home is not in the best
interest of the child(ren) .....(identify the child(ren))..... because ..........
..... Other: ..........
2. The child(ren) ..... may ..... may not be returned to the
parent/custodian without further order of this court.
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3. a. The Guardian Ad Litem Program is appointed.
b. An attorney shall be appointed for ..........,
..... the child/children has/have special needs as defined in section
39.01305, Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order, shall provide
to the department the information necessary to accurately calculate child
support under section 61.30, Florida Statutes. The parents shall pay child
support in accordance with Florida Statutes.
5. The legal custodian, or in the absence of the legal custodian, the
department and its agents, are hereby authorized to provide consent for and to
obtain ordinary and necessary medical and dental treatment and examination
for the above child(ren) including blood testing deemed medically appropriate,
and necessary preventive care, including ordinary immunizations and
tuberculin testing.
6. Visitation with the child(ren) shall be as follows:
By the parents ..........
Between the sibling children ..........
Visitation or interaction between the children .....(identify
child(ren))..... is not ordered as it will be contrary to the safety or well-being of
.....(identify child(ren)) because ..........
7. The parents shall provide to the court and all parties identification
and location information regarding potential relative placements.
8. The relatives who are providing out-of-home care for the child(ren)
have the right to attend all subsequent hearings, to submit reports to the
court, and to speak to the court regarding the child(ren), if they so desire.
9. THE COURT ADVISED THE PARENTS:
A. TO TAKE ACTION TO COMPLY WITH THE CASE PLAN SO
PERMANENCY WITH THE CHILD MAY OCCUR WITHIN THE
SHORTEST PERIOD OF TIME POSSIBLE, BUT NO LATER THAN
1 YEAR AFTER REMOVAL OR ADJUDICATION OF THE CHILD.
B TO STAY IN CONTACT WITH THEIR ATTORNEY AND
THEIR CASE MANAGER AND PROVIDE UPDATED CONTACT
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INFORMATION IF THE PARENTS’ PHONE NUMBER, ADDRESS,
OR E-MAIL ADDRESS CHANGES.
C. TO NOTIFY THE PARTIES AND THE COURT OF
BARRIERS TO COMPLETING CASE PLAN TASKS WITHIN A
REASONABLE TIME AFTER DISCOVERING SUCH BARRIERS.
D. THAT IF THE PARENTS FAIL TO SUBSTANTIALLY
COMPLY WITH THE CASE PLAN THEIR PARENTAL RIGHTS
MAY BE TERMINATED AND THE CHILD(REN)’S OUT-OF-HOME
PLACEMENT MAY BECOME PERMANENT.
10. Special conditions: ..........
11. This court retains jurisdiction over this matter to enter any other
and further orders as may be deemed to be in the best interest and welfare of
this/these child(ren).
12. If a Petition for Dependency is subsequently filed in this cause, the
Arraignment Hearing is scheduled for .....(date)....., at .......... a.m./p.m. at
.....(location of arraignment)...... The parents have a right to be
represented by an attorney at the arraignment hearing and during the
dependency proceedings.
COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman
or Courier font.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact …..(name, address,
telephone number)….. at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing or
voice impaired, call 711.
ORDERED in .......... County, Florida on .....(date)....., at ..........
a.m./p.m.
Circuit Judge
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