Florida Juvenile Procedure Rule 8.005 - ORDERING CHILDREN INTO CUSTODY | Syfert Law

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Florida Juvenile Procedure Rule 8.005

RULE 8.005. ORDERING CHILDREN INTO CUSTODY

If a verified petition has been filed, or if, prior to the filing of a
petition, an affidavit or sworn testimony is presented to the court,
either of which alleges facts which under existing law are sufficient
to authorize that a child be taken into custody, the court may issue
an order to a person, authorized to do so, directing that the child be
taken into custody.

(a) Requirements of Order. The order shall:
(1) be in writing;

(2) specify the name and address of the child or, if
unknown, designate the child by any name or description by which
the child can be identified with reasonable certainty;

(3) specify the age and sex of the child or, if the child’s
age is unknown, that he or she is believed to be of an age subject to
the jurisdiction of the circuit court as a juvenile case;

(4) state the reasons why the child is being taken into
custody;

(5) order that the child be brought immediately before
the court or be taken to a place of detention designated by the court
to be detained pending a detention hearing;

(6) state the date when issued and the county and
court where issued; and

(7) be signed by the court with the title of office, or may
be electronically signed if the custody order bears the affiant’s
signature or electronic signature and is supported by an oath or
affirmation administered by the court or other person authorized by
law to administer oaths.

(b) Prohibited Orders. The court shall not issue an order to
take into custody for a failure to appear for children in the care or
custody of the state unless the court has information that the child
willfully failed to appear.

Cases Citing Rule 8.005

Total Results: 17

John D. Dupree v. Warden, Attorney General, State of Alabama

715 F.3d 1295, 2013 WL 1875301, 2013 U.S. App. LEXIS 9211, 24 Fla. L. Weekly Fed. C 242

Court of Appeals for the Eleventh Circuit | Filed: May 7, 2013 | Docket: 1298356

Cited 308 times | Published

See Fed.R.Civ.P. 72; Habeas Rule 8. 5 . The proposed rule will, of course

Category: Juvenile Procedure

Cheney v. Anchor Glass Container Corp.

71 F.3d 848, 33 Fed. R. Serv. 3d 379, 1996 U.S. App. LEXIS 128, 67 Empl. Prac. Dec. (CCH) 43,830, 69 Fair Empl. Prac. Cas. (BNA) 1025, 1996 WL 196

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1996 | Docket: 1434602

Cited 80 times | Published

by Anchor Glass were pretextual. Under Local Rule 8.05(b) for the Middle District of Florida an arbitration

Category: Juvenile Procedure

State of Wisconsin Investment Board v. Plantation Square Associates, Ltd.

761 F. Supp. 1569, 20 Fed. R. Serv. 3d 674, 1991 U.S. Dist. LEXIS 5012, 1991 WL 57906

District Court, S.D. Florida | Filed: Apr 6, 1991 | Docket: 1273592

Cited 30 times | Published

inextricably with the pleading philosophy embodied in Rule 8. 5 C. Wright & A. Miller, FEDERAL PRACTICE & PROCEDURE:

Category: Juvenile Procedure

Ward v. ESTALEIRO ITAJAI S/A

541 F. Supp. 2d 1344, 2008 U.S. Dist. LEXIS 29013, 2008 WL 878937

District Court, S.D. Florida | Filed: Mar 31, 2008 | Docket: 2132569

Cited 3 times | Published

inextricably with the pleading philosophy embodied in Rule 8." 5 Wright & Miller, Federal Practice and Procedure:

Category: Juvenile Procedure

In re Amendments to the Florida Rules of Civil Procedure

102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226665

Cited 2 times | Published

DELINQUENCY PROCEEDINGS A.PRELIMINARY PROCEEDINGS RULE 8.005.-RULE 8.015. [No Change] B.PLEADINGS, PROCESS

Category: Juvenile Procedure

In Re: Amendments to Rules Regulating The Florida Bar - Miscellaneous Petition

Supreme Court of Florida | Filed: Jun 20, 2024 | Docket: 68514363

Published

comply with any requirements of this chapter. RULE 8-5.1. GENERALLY The staff of The Florida Bar

Category: Juvenile Procedure

In Re: Amendments to Rules Regulating The Florida Bar - Miscellaneous Petition

Supreme Court of Florida | Filed: May 9, 2024 | Docket: 68514363

Published

comply with any requirements of this chapter. RULE 8-5.1. GENERALLY The staff of The Florida Bar

Category: Juvenile Procedure

The Florida Bar Re: Advisory Opinion - Out-of-State Attorney Working Remotely from Florida Home

Supreme Court of Florida | Filed: May 20, 2021 | Docket: 59921667

Published

be protected by this Court.4 4. Under Rule 8.5(a) of the New Jersey Rules of Professional Conduct

Category: Juvenile Procedure

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

proposed below. Subdivision (b) is added to rule 8.005 (Ordering Children Into Custody) and a sentence

Category: Juvenile Procedure

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Housekeeping) – Corrected Opinion

Supreme Court of Florida | Filed: Jan 25, 2018 | Docket: 6282762

Published

- 18 - RULE 8-5.1 GENERALLY The members of The Florida

Category: Juvenile Procedure

In Re: Amendments to the Rules Regulating The Florida Bar (Biennial Housekeeping)

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220619

Published

- 18 - RULE 8-5.1 GENERALLY The members of The Florida

Category: Juvenile Procedure

Amendments to the Rules Regulating the Florida Bar

763 So. 2d 1002, 25 Fla. L. Weekly Supp. 217, 2000 Fla. LEXIS 628, 2000 WL 300497

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 64799175

Published

of gGovernors of The Florida Bar. 8-5. IMMUNITY RULE 8-5.1 GENERALLY The members of The Florida Bar Lawyer

Category: Juvenile Procedure

Olympia Holding Corp. v. Gaynor Electric Co. (In re Olympia Holding Corp.)

226 B.R. 705, 41 Fed. R. Serv. 3d 1537, 40 Collier Bankr. Cas. 2d 437, 1998 Bankr. LEXIS 1326, 33 Bankr. Ct. Dec. (CRR) 433

United States Bankruptcy Court, M.D. Florida | Filed: Oct 19, 1998 | Docket: 65781799

Published

30-day period required by District Court Local Rule 8.05(b), a timely motion for trial de novo after court-annexed

Category: Juvenile Procedure

Department of Health & Rehabilitative Services v. B.S.

640 So. 2d 1174, 1994 Fla. App. LEXIS 7207, 1994 WL 380039

District Court of Appeal of Florida | Filed: Jul 22, 1994 | Docket: 64750039

Published

detention violates Juvenile Rule of Procedure 8.005. Rule 8.005 requires a verified petition to be filed, or

Category: Juvenile Procedure

Action Orthopedics, Inc. v. Techmedica, Inc.

775 F. Supp. 390, 1991 U.S. Dist. LEXIS 14900, 1991 WL 212793

District Court, M.D. Florida | Filed: Oct 7, 1991 | Docket: 65975758

Published

its motion for final judgment pursuant to Local Rule 8.05(b). AOI contends that because neither party filed

Category: Juvenile Procedure

The Florida Bar v. Hooper

564 So. 2d 1080, 15 Fla. L. Weekly Supp. 413, 1990 Fla. LEXIS 949, 1990 WL 107466

Supreme Court of Florida | Filed: Jul 26, 1990 | Docket: 64651988

Published

opinion and shall comply with the requirements of rule 8-5.1(h) of the Rules Regulating the Florida Bar.

Category: Juvenile Procedure

Florida Bar v. Santiago

521 So. 2d 1111, 13 Fla. L. Weekly 218, 1988 Fla. LEXIS 373, 1988 WL 23514

Supreme Court of Florida | Filed: Mar 17, 1988 | Docket: 64633312

Published

disbarment as a disciplinary sanction pursuant to Rule 8-5.1(f) of the Rules Regulating The Florida Bar,

Category: Juvenile Procedure