Florida Juvenile Procedure Rule 8.330
RULE 8.330. ADJUDICATORY HEARINGS
(a) Hearing by Judge. The adjudicatory hearing must be
conducted by the judge, without a jury, utilizing the rules of
evidence in use in civil cases. At this hearing the court must
determine whether the allegations of the dependency petition have
been sustained by a preponderance of the evidence. If the court is of
the opinion that the allegations are sustained by clear and
convincing evidence, it may enter an order so stating.
(b) Examination of Witnesses. A party may call any person
as a witness. A party has the right to examine or cross-examine all
witnesses. However, the child and the parents, caregivers, or legal
custodians of the child may be examined separately and apart from
each other.
(c) Presence of Parties. All parties have the right to be
present at all hearings. A party may appear in person or, at the
discretion of the court for good cause shown, by communication
technology. No party may be excluded from any hearing unless so
ordered by the court for disruptive behavior or as provided by law. If
a person appears for the arraignment hearing and the court orders
that person to appear at the adjudicatory hearing for dependency,
stating the date, time, and place of the adjudicatory hearing and, if
the hearing will be held through communication technology,
instructions for appearing at the hearing through communication
technology, then that person’s failure to appear for the scheduled
adjudicatory hearing constitutes consent to a dependency
adjudication.
(d) Joint and Separate Hearings. When 2 or more children
are alleged to be dependent children, the hearing may be held
simultaneously when the several children involved are related to
each other or involved in the same case, unless the court orders
separate hearings.
(e) Motion for Judgment of Dismissal. In all proceedings, if
at the close of the evidence for the petitioner the court is of the
opinion that the evidence is insufficient to warrant a finding of
dependency, it may, and on the motion of any party shall, enter an
order dismissing the petition for insufficiency of the evidence or find
that allegations in the petition have not been sustained. If the court
finds that allegations in the petition have not been sustained but
does not dismiss the petition, the parties, including all parents,
must continue to receive pleadings, notices, and documents and to
have the right to be heard.
(f) Dismissal. If the court finds that the allegations in the
petition have not been sustained, it must enter an order dismissing
the case for insufficiency of the evidence or find that allegations in
the petition have not been sustained. If the court finds that
allegations in the petition have not been sustained but does not
dismiss the petition, the parties, including all parents, must
continue to receive pleadings, notices, and documents and to have
the right to be heard.
Committee Notes
1991 Amendment. (a) This change gives the court the option
of making a finding based on a higher burden of proof to eliminate
the need for a repetitive hearing on the same evidence if a
termination of parental rights petition is filed.
(a) Hearing by Judge. The adjudicatory hearing must be
conducted by the judge, without a jury, utilizing the rules of
evidence in use in civil cases. At this hearing the court must
determine whether the allegations of the dependency petition have
been sustained by a preponderance of the evidence. If the court is of
the opinion that the allegations are sustained by clear and
convincing evidence, it may enter an order so stating.
(b) Examination of Witnesses. A party may call any person
as a witness. A party has the right to examine or cross-examine all
witnesses. However, the child and the parents, caregivers, or legal
custodians of the child may be examined separately and apart from
each other.
(c) Presence of Parties. All parties have the right to be
present at all hearings. A party may appear in person or, at the
discretion of the court for good cause shown, by communication
technology. No party may be excluded from any hearing unless so
ordered by the court for disruptive behavior or as provided by law. If
a person appears for the arraignment hearing and the court orders
that person to appear at the adjudicatory hearing for dependency,
stating the date, time, and place of the adjudicatory hearing and, if
the hearing will be held through communication technology,
instructions for appearing at the hearing through communication
technology, then that person’s failure to appear for the scheduled
adjudicatory hearing constitutes consent to a dependency
adjudication.
(d) Joint and Separate Hearings. When 2 or more children
are alleged to be dependent children, the hearing may be held
simultaneously when the several children involved are related to
each other or involved in the same case, unless the court orders
separate hearings.
(e) Motion for Judgment of Dismissal. In all proceedings, if
at the close of the evidence for the petitioner the court is of the
opinion that the evidence is insufficient to warrant a finding of
dependency, it may, and on the motion of any party shall, enter an
order dismissing the petition for insufficiency of the evidence or find
that allegations in the petition have not been sustained. If the court
finds that allegations in the petition have not been sustained but
does not dismiss the petition, the parties, including all parents,
must continue to receive pleadings, notices, and documents and to
have the right to be heard.
(f) Dismissal. If the court finds that the allegations in the
petition have not been sustained, it must enter an order dismissing
the case for insufficiency of the evidence or find that allegations in
the petition have not been sustained. If the court finds that
allegations in the petition have not been sustained but does not
dismiss the petition, the parties, including all parents, must
continue to receive pleadings, notices, and documents and to have
the right to be heard.
Committee Notes
1991 Amendment. (a) This change gives the court the option
of making a finding based on a higher burden of proof to eliminate
the need for a repetitive hearing on the same evidence if a
termination of parental rights petition is filed.