RULE 8.310. DEPENDENCY PETITIONS

(a) Contents.
(1) A dependency petition may be filed as provided by
law. Each petition shall be entitled a petition for dependency and
shall allege sufficient facts showing the child to be dependent based
upon applicable law.

(2) The petition shall contain allegations as to the
identity and residence of the parents or legal custodians, if known.

(3) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.

(4) Two or more allegations of dependency may appear
in the same petition, in separate counts. The petition need not
contain allegations of acts or omissions by both parents.

(5) The petition must describe what voluntary services,
safety planning and/or dependency mediation the parents or legal
custodians were offered and the outcome of each.

(6) The petition shall identify each child who has a
special need requiring appointment of counsel as defined in section
39.01305, Florida Statutes.

(b) Verification. The petition shall be signed stating under
oath the signer’s good faith in filing the petition. No objection to a
petition on the grounds that it was not signed or verified, as herein
provided, shall be entertained after a plea to the merits.

(c) Amendments. At any time prior to the conclusion of an
adjudicatory hearing, an amended petition may be filed or the
petition may be amended by motion; however, after a written
answer or plan has been filed, amendments shall be permitted only
with the permission of the court, unless all parties consent.
Amendments shall be freely permitted in the interest of justice and
the welfare of the child. A continuance may be granted on motion
and a showing that the amendment prejudices or materially affects
any party.
(d) Defects and Variances. No petition or any count thereof
shall be dismissed, or any judgment vacated, on account of any
defect in the form of the petition or of misjoinder of counts. If the
court is of the opinion that the petition is so vague, indistinct, and
indefinite as to mislead the child, parent, or legal custodian and
prejudice any of them in the preparation of a defense, the petitioner
may be required to furnish a more definite statement.

(e) Voluntary Dismissal. The petitioner without leave of the
court, at any time prior to entry of an order of adjudication, may
request a voluntary dismissal of the petition or any allegations of
the petition by serving a notice requesting dismissal on all parties,
or, if during a hearing, by so stating on the record. The petition or
any allegations in the petition shall be dismissed. If the petition is
dismissed, the court loses jurisdiction unless another party adopts
the petition within 72 hours.

Committee Notes
1991 Amendment. (c) The time limit for amending a petition
has been extended to be consistent with civil pleading procedures.
The best interest of the child requires liberal amendments. The
procedures for determining if a party has been prejudiced have not
been changed.

(e) This section has been reworded to provide a procedure
for notice to all parties before dismissal and to allow adoption of a
petition by another party.