RULE 8.015. ARRAIGNMENT OF DETAINED CHILD

(a) When Required. If a petition for delinquency is filed and
the child is being detained, whether in secure, nonsecure, or home
detention, the child shall be given a copy of the petition and shall be
arraigned within 48 hours of the filing of the petition, excluding
Saturdays, Sundays, or legal holidays.

(b) Notice.

(1) Personal appearance either by physical presence or
audio-video communication technology of any person in a hearing
before the court shall obviate the necessity of serving process on
that person.

(2) The clerk of the court shall give notice of the time
and place of the arraignment to the parent or guardian of the child
and the superintendent of the detention center by:

(A) summons;

(B) written notice; or

(C) telephone notice.

(3) The superintendent of the detention center, or
designee, also shall verify that a diligent effort has been made to
notify the parent or guardian of the child of the time and place of
the arraignment.

(4) Failure of notice to the parent or guardian, or
nonattendance of the parent or guardian at the hearing, shall not
invalidate the proceeding.

Committee Notes
This rule corresponds to section 985.215(7), Florida Statutes,
which requires detained children to be arraigned within 48 hours of
the filing of the delinquency petition. This statutory requirement
does not allow the normal summons process to take place. The rule,
therefore, creates an option for the clerk of the court to notice the
parent by phone or in writing.

B. PLEADINGS, PROCESS, AND ORDERS