RULE 8.305. SHELTER PETITION, HEARING, AND ORDER

(a) Shelter Petition. If a child has been or is to be removed
from the home and maintained in an out-of-home placement for
more than 24 hours, the person requesting placement must file a
written petition that must:

(1) specify the name, address, date of birth, and sex of
the child or, if unknown, designate the child by any name or
description by which he or she can be identified with reasonable
certainty and indicate whether the child has a special need
requiring appointment of counsel as defined in section 39.01305,
Florida Statutes;

(2) specify the name and address, if known, of the
child’s parents or legal custodian and how each was notified of the
shelter hearing;

(3) if the child has been removed from the home, state
the date and time of the removal;

(4) specify that the child is of an age subject to the
jurisdiction of the court;

(5) state the reasons the child needs to be placed in a
shelter;

(6) list the reasonable efforts, if any, that were made by
the department to prevent or eliminate the need for the removal or
continued removal of the child from the home or, if no such efforts
were made, a description of the emergency that prevented these
efforts;

(7) recommend where the child is to be placed or the
agency to be responsible for placement;

(8) if the children are currently not placed together,
specify the reasonable efforts of the department to keep the siblings
together after the removal from the home, why a foster home is not
available to place the siblings, or why it is not in the best interest of
the child that all the siblings be placed together in out-of-home
care;

(9) specify ongoing visitation or interaction between the
siblings or if sibling visitation or interaction is not recommended,
specify why visitation or interaction would be contrary to the safety
or well-being of the child; and

(10) be signed by the petitioner and, if represented by
counsel, by the petitioner’s attorney.

(b) Shelter Hearing.

(1) The parents or legal custodians of the child must be
given actual notice of the date, time, and location of the shelter
hearing. If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology. If the parents are
outside the jurisdiction of the court, are not known, cannot be
located, or refuse or evade service, they must be given such notice
as best ensures their actual knowledge of the date, time, and
location of the shelter hearing. If the parents or legal custodians are
not present at the hearing, the person providing, or attempting to
provide, notice to the parents or legal custodians must advise the
court in person or by sworn affidavit of the attempts made to
provide notice and the results of those attempts.

(2) The court must conduct an informal hearing on the
petition within the time limits provided by law. The court must
determine at the hearing the existence of probable cause to believe
the child is dependent and whether the other criteria provided by
law for placement in a shelter have been met. The shelter hearing
may be continued for up to 72 hours with the child remaining in
shelter care if either:

(A) the parents or legal custodians appear for the
shelter hearing without legal counsel and request a continuance to
consult with legal counsel; or

(B) the court determines that additional time is
necessary to obtain and review documents pertaining to the family
to appropriately determine the risk to the child.

(3) The issue of probable cause must be determined in
a nonadversarial manner, applying the standard of proof necessary
for an arrest warrant.

(4) At the hearing, all interested persons present must
have an opportunity to be heard and present evidence on the
criteria for placement provided by law.

(5) The court may base its determination on a sworn
complaint, testimony, or an affidavit and may hear all relevant and
material evidence, including oral and written reports, to the extent
of its probative value even though it would not be competent at an
adjudicatory hearing.

(6) The court must advise the parent or legal custodian
of:

(A) the right to be represented by counsel as
provided by law;

(B) the reason the child is in custody and why
continued placement is requested;

(C) the right to present placement alternatives;
and
(D) the importance of the parents’ or legal
custodians’ active participation in subsequent proceedings and
hearings as well as the time, date, and location of the next hearing
or the communication technology information or conference line
phone number to enable them to attend the next hearing remotely.

(7) The court must appoint:

(A) a guardian ad litem to represent the child;

(B) an attorney to represent the child if the court
finds the appointment necessary or required by law; and

(C) an attorney for indigent parents unless waived
by the parent.

(8) The court must determine visitation rights absent a
clear and convincing showing that visitation is not in the best
interest of the child.

(9) If the identity of a parent is unknown, the court
must conduct the inquiry required by law.

(10) The court must inquire of the parents whether the
parents have relatives, fictive kin, or nonrelatives who might be
considered for placement of the child. The parents must provide to
the court and all parties identification and location information
regarding the relatives, fictive kin, or nonrelatives. The court must
advise the parents that the parents have a continuing duty to
inform the department of any relatives, fictive kin, or nonrelatives
who should be considered for placement of the child.

(11) The court must advise the parents in plain language
what is expected of them to achieve reunification with their child,
including that:

(A) parents must 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) parents must stay in contact with their
attorney and their case manager and provide updated contact
information if the parents’ phone number, address, or e-mail
address changes;

(C) parents must notify the parties and the court
of barriers to completing case plan tasks within a reasonable time
after discovering such barriers; and

(D) if the parents fail to substantially comply with
the case plan their parental rights may be terminated and the
child’s out-of-home placement may become permanent.

(12) The court must request that the parents consent to
provide access to the child’s medical records and to the child’s child
care records, early education program records, or other educational
records and provide information to the court, the department, or its
contract agencies, and any guardian ad litem or attorney for the
child. If a parent is unavailable, is unable to consent, or withholds
consent and the court determines access to the records and
information is necessary to provide services for the child, the court
must issue an order granting access.

(13) The court may order the parents to provide all
known medical information to the department and to any others
granted access.

(14) If the child has or is suspected of having a disability
and the parent is unavailable under law, the court must appoint a
surrogate parent or refer the child to the district school
superintendent for appointment of a surrogate parent.

(15) If the shelter hearing is conducted by a judge other
than a judge assigned to hear dependency cases, a judge assigned
to hear dependency cases must hold a shelter review on the status
of the child within 2 working days after the shelter hearing.

(c) Shelter Order. An order granting shelter care must
identify the parties present at the hearing and contain written
findings that:
(1) placement in shelter care is necessary based on the
criteria provided by law;

(2) placement in shelter care is in the best interest of
the child;

(3) the department made reasonable efforts to place the
child in the order of priority provided in Chapter 39, Florida
Statutes, or why such priority placement is not a placement option
or in the best interest of the child based on the criteria established
by law;

(4) the department made reasonable efforts to keep the
siblings together after the removal from the home and specifies if
the children are currently not placed together, why a foster home is
not available or why it is not in the best interest of the child that all
the siblings be placed together in out-of-home care;

(5) specifies on-going visitation or interaction between
the siblings or if sibling visitation or interaction is not ordered,
specifies why visitation or interaction would be contrary to the
safety or well-being of the child and, if services are available that
would reasonably be expected to ameliorate the risk to the child’s
safety or well-being and may result in the communication and
visitation being restored, directs the department to immediately
provide such services;

(6) continuation of the child in the home is contrary to
the welfare of the child because the home situation presents a
substantial and immediate danger to the child’s physical, mental, or
emotional health or safety that cannot be mitigated by the provision
of preventive services;

(7) there is probable cause to believe the child is
dependent;

(8) the department has made reasonable efforts to
prevent or eliminate the need for removal of the child from the
home, including a description of which specific services, if available,
could prevent or eliminate the need for removal or continued
removal from the home, the date by which the services are expected
to become available, and, if services are not available to prevent or
eliminate the need for removal or continued removal of the child
from the home, an explanation of why the services are not available
for the child;

(9) the court notified the parents, relatives who are
providing out-of-home care for the child, or legal custodians of the
time, date, and location of the next dependency hearing, and of the
importance of their active participation in all subsequent
proceedings and hearing;

(10) the court notified the parents or legal custodians of
their right to counsel as provided by law;

(11) the court notified relatives who are providing out-of-
home care for a child, as a result of the shelter petition being
granted, that they have the right to attend all subsequent hearings,
to submit reports to the court, and to speak to the court regarding
the child, if they so desire; and

(12) the department has placement and care
responsibility for any child who is not placed in the care of a parent
at the conclusion of the shelter hearing.

(d) Release from Shelter Care. No child shall be released
from shelter care after a shelter order has been entered except on
order of the court unless the shelter order authorized release by the
department.

Committee Note
2022 Amendment. Multiple sections of this rule were amended
in response to ch. 2021-169, Laws of Florida.
C. PETITION, ARRAIGNMENT, ADJUDICATION, AND
DISPOSITION