Florida Juvenile Procedure Rule 8.315 - ARRAIGNMENTS AND PREHEARING | Syfert Law

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Florida Juvenile Procedure Rule 8.315

RULE 8.315. ARRAIGNMENTS AND PREHEARING
CONFERENCES


(a) Arraignment.

(1) Before the adjudicatory hearing, the court must
conduct a hearing to determine whether an admission, consent, or
denial to the petition must be entered, and whether the parties are
represented by counsel or are entitled to appointed counsel as
provided by law.
(2) If an admission or consent is entered and no denial
is entered by any other parent or legal custodian, the court must
enter a written order finding dependency based on the allegations of
the dependency petition by a preponderance of the evidence. The
court must schedule a disposition hearing to be conducted within
15 days. If a denial is entered, the court must set an adjudicatory
hearing within the period of time provided by law and appoint
counsel when required.

(3) If one parent enters an admission or consent and
the other parent who is present enters a denial to the allegations of
the dependency petition, the court must enter a written order
finding dependency based on the allegations of the dependency
petition that pertain to the parent who enters an admission or
consent by a preponderance of the evidence. The court must then
reserve ruling on whether the parent who entered the denial
contributed to the dependency status of the child under the
statutory definition of a dependent child until the parent enters an
admission or consent to the dependency petition, the court
conducts an adjudicatory hearing, or the issue is otherwise
resolved.

(4) If one parent enters an admission or consent and
the identity or location of the other parent is unknown, the court
must enter a written order finding dependency based on the
allegations of the dependency petition by a preponderance of the
evidence. The court must then reserve ruling on whether the parent
whose identity or location is unknown contributed to the
dependency status of the child under the statutory definition of a
dependent child until the parent enters an admission or consent to
the dependency petition, the court conducts an adjudicatory
hearing, or the court proceeds as provided by law regarding a
parent whose identity or location is unknown.

(5) If the court enters a written order finding
dependency, the court must schedule a disposition hearing to be
conducted within 15 days. If a denial is entered, the court must set
an adjudicatory hearing within the period of time provided by law
and appoint counsel when required.
(b) Withdrawal of Plea. The court may for good cause, at
any time before the beginning of a disposition hearing, permit an
admission of the allegations of the petition or a consent to
dependency to be withdrawn and, if an adjudication has been
entered, set aside the adjudication. In a subsequent adjudicatory
hearing the court must disregard an admission or consent that has
been withdrawn.

(c) Pretrial Status Conference. Before any adjudicatory
hearing, the court may set or the parties may request that a pretrial
status conference be held to determine:

(1) the order in which each party may present its case;

(2) which witnesses will testify in person and which will
testify via communication technology;

(3) how a remote witness’s identity will be confirmed;

(4) any stipulations entered into by the parties; and

(5) any other matters that may aid in the conduct of
the adjudicatory hearing.

(d) Status Hearing. Within 60 days of the filing of the
petition, a status hearing must be held with all parties present
unless an adjudicatory or disposition hearing has begun.
Subsequent status hearings must be held every 30 days unless an
adjudicatory or disposition hearing has begun.

Committee Notes
1991 Amendment. (d) This section requires a status hearing
every 30 days to ensure prompt resolution of the case while
preserving the rights of all parties.

Cases Citing Rule 8.315

Total Results: 12

In Interest of SH

642 So. 2d 809, 1994 WL 502318

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1529430

Cited 6 times | Published

parents enter an oral consent on the record under rule 8.315(a). We have examined section 39.408, Florida

Category: Juvenile Procedure

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

175 So. 3d 263, 40 Fla. L. Weekly Supp. 485, 2015 Fla. LEXIS 1976, 2015 WL 5445986

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816842

Cited 2 times | Published

and voluntary. (4)-(5) [No Change] RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES

Category: Juvenile Procedure

In Re BB

858 So. 2d 1184, 2003 WL 22518060

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 460765

Cited 1 times | Published

appropriate method for a trial judge to comply with rule 8.315. In this case, the trial court did not enter

Category: Juvenile Procedure

SB v. Department of Children and Families

825 So. 2d 1057, 2002 Fla. App. LEXIS 13455, 2002 WL 31059812

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1312052

Cited 1 times | Published

hearing, although she was authorized to do so under rule 8.315, Florida Rules of Juvenile Procedure. On February

Category: Juvenile Procedure

In Re: Amendments to Florida Rules of Juvenile Procedure

Supreme Court of Florida | Filed: Oct 2, 2024 | Docket: 69218122

Published

proceedings. (2)-(5) [No Change] RULE 8.315. ARRAIGNMENTS AND PREHEARINGPRETRIAL

Category: Juvenile Procedure

In Re: Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591314

Published

(7)-(15) [No Change] (c)-(d) [No Change] RULE 8.315. ARRAIGNMENTS AND PREHEARING

Category: Juvenile Procedure

Amendments to the Florida Rules of Juvenile Procedure

894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240

Published

support of the Rules Committee’s proposal to amend rule 8.315, Arraignments and Prehearing Conferences. ANALYSIS

Category: Juvenile Procedure

S.B. v. Department of Children & Family Services

858 So. 2d 1184, 2003 Fla. App. LEXIS 16962

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 64826402

Published

appropriate method for a trial judge to comply with rule 8.315. In this case, the trial court did not enter

Category: Juvenile Procedure

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

allow adoption of a petition by another party. RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES (a)

Category: Juvenile Procedure

In re Amendments to the Florida Rules of Juvenile Procedure

725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859

Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918

Published

(c)(6)-(7); rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2); rule 8.325(a)-(c);

Category: Juvenile Procedure

Amendments to the Florida Rules of Juvenile Procedure

684 So. 2d 756, 21 Fla. L. Weekly Supp. 495, 1996 Fla. LEXIS 1865, 1996 WL 628190

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 64769674

Published

Department of Health and Rehabilitative Services. RULE 8.315. ARRAIGNMENTS AND PREHEARING CONFERENCES (a)

Category: Juvenile Procedure

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

642 So. 2d 809, 1994 Fla. App. LEXIS 8861

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64750882

Published

parents enter an oral consent on the record under rule 8.315(a). We have examined section 39.408, Florida

Category: Juvenile Procedure