RULE 8.332. ORDER FINDING DEPENDENCY

(a) Finding of Dependency. In all cases in which
dependency is established, the court must enter a written order
stating the legal basis for a finding of dependency, specifying the
facts upon which the finding of dependency is based, and stating
whether the court made the finding by a preponderance of the
evidence or by clear and convincing evidence. The court must
include the dates of the adjudicatory hearing, if any, in the order.

(b) Adjudication of Dependency.

(1) If the court finds that the child named in the
petition is dependent, the court must enter an order adjudicating
the child dependent if the child is placed or will continue to be
placed in an out-of-home placement. Following a finding of
dependency, the court must schedule a disposition hearing within
30 days after the last day of the adjudicatory hearing pursuant to
these rules.

(2) If the court enters findings that only one parent
contributed to the dependency status of the child but allegations of
dependency remain unresolved as to the other parent, the court
must enter a written order finding dependency based on the
allegations of the dependency petition concerning the one parent.
The court must then reserve ruling on findings regarding the other
parent based on the unresolved allegations until the parent enters
an admission or consent to the dependency petition, the court
conducts an evidentiary hearing on the allegations, the court
proceeds as provided by law regarding a parent whose identity or
location is unknown, or the issue is otherwise resolved.

(3) The court may enter an order adjudicating the child
dependent if the child remains in or is returned to the home.

(4) For as long as a court maintains jurisdiction over a
dependency case, only one order adjudicating each child in the case
dependent shall be entered. This order establishes the legal status
of the child for purposes of proceedings under Chapter 39, Florida
Statutes, and may be based on the conduct of one parent, both
parents, or a legal custodian. With the exception of proceedings
pursuant to a termination of parental rights, the child’s dependency
status may not be retried or readjudicated. All subsequent orders
finding that a parent contributed to the dependency status of the
child shall supplement the initial order of adjudication.

(c) Withhold of Adjudication of Dependency.

(1) If the court finds that the child named in the
petition is dependent, but finds that no action other than
supervision in the child’s home is required, it may enter an order
briefly stating the facts on which its finding is based, but
withholding an order of adjudication and placing the child in the
child’s home under the supervision of the department. The
department must file a case plan and the court must review the
case plan pursuant to these rules.

(2) If the court later finds that the parents of the child
have not complied with the conditions of supervision imposed,
including the case plan, the court may, after a hearing to establish
the noncompliance, but without further evidence of the state of
dependency, enter an order of adjudication and shall thereafter
have full authority under this chapter to provide for the child as
adjudicated. If the child is to remain in an out-of-home placement
by order of the court, the court must adjudicate the child
dependent. If the court adjudicates the child dependent, the court
must then conduct a disposition hearing.

(d) Failure to Substantially Comply. The court must advise
the parents in plain language that:

(1) 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;

(2) 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;
(3) parents must notify the parties and the court of
barriers to completing case plan tasks within a reasonable time
after discovering such barriers; and

(4) 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.

(e) Inquiry Regarding Relatives for Placement. If the child
is in out-of-home care, the court must inquire of the parent or
parents whether the parent or parents have relatives who might be
considered as placement for the child. The parent or parents must
provide to the court and all parties identification and location
information for the relatives.