Florida Juvenile Procedure Rule 8.347
RULE 8.347. MOTION TO SUPPLEMENT ORDER OF
ADJUDICATION, DISPOSITION ORDER, AND
CASE PLAN
(a) Motion. After the court has entered an order of
adjudication of dependency, any party may file a motion for the
court to supplement the order of adjudication with findings that a
parent or legal custodian contributed to the dependency status of
the child under the statutory definition of a dependent child. The
motion may also request that the court supplement the disposition
order and the case plan.
(b) Contents. The motion must:
(1) identify the age, sex, and name of the children
whose parent or legal custodian is the subject of the motion;
(2) specifically identify the parent or legal custodian
who is the subject of the motion; and
(3) allege sufficient facts showing that a parent or legal
custodian contributed to the dependency status of the child under
the statutory definition of a dependent child.
(c) Verification. The motion must be signed under oath,
stating that the signer is filing the motion in good faith.
(d) Amendments. At any time before the conclusion of an
evidentiary hearing on the motion, an amended motion may be filed
or the motion may be amended by oral motion. A continuance may
be granted on motion and a showing that the amendment
prejudices or materially affects any party.
(e) Notice.
(1) In General. Parents or legal custodians who have
previously been properly served with the dependency petition or
who have previously appeared in the dependency proceeding must
be served with a notice of hearing and copies of the motion and the
initial order of adjudication of dependency in the same manner as
the service of documents that are filed after the service of the initial
dependency petition as provided in these rules. The notice must
require the person on whom it is served to appear for the
preliminary hearing on the motion at a time and place specified, not
less than 72 hours after service of the motion. The document
containing the notice to respond or appear must contain, in type at
least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(2) Summons.
(A) Parents or legal custodians who have not been
properly served with the dependency petition or who have not
previously appeared in the dependency proceeding must be properly
served with a summons and copies of the motion and the initial
order of adjudication of dependency. The summons must require
the person on whom it is served to appear for a preliminary hearing
on the motion at a time and place specified, not less than 72 hours
after service of the summons. The summons must contain, in type
at least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(B) On the filing of the motion and upon request,
the clerk must issue a summons.
(C) The movant is not required to serve a
summons on a parent or legal custodian who has previously been
properly served with the dependency petition or who has appeared
in the dependency proceeding.
(D) The summons must be served in the same
manner as service of a dependency petition as required by law.
(E) Service by publication of the motion is not
required.
(F) If the location of the party to be served is
unknown, the court may enter an order granting the motion only if
the movant has properly served the person subject to the motion,
the person subject to the motion has appeared in the proceeding, or
the movant has conducted a diligent search and filed with the court
an affidavit of diligent search.
(G) Appearance of any person in a hearing before
the court on the motion eliminates the requirement for serving
process on that person.
(H) A party may consent to service or summons by
e-mail by providing a primary e-mail address to the clerk of court.
(f) Preliminary Hearing on Motion.
(1) The court must conduct a preliminary hearing and
determine whether the parent or legal custodian who is the subject
of the motion:
(A) has been properly served with the summons or
notice, and with copies of the motion and initial order of
adjudication of dependency;
(B) is represented by counsel or is entitled to
appointed counsel as provided by law; and
(C) wishes to challenge the motion or consent to
the court granting the motion.
(2) If the parent or legal custodian who is the subject of
the motion wishes to challenge the motion, the court must schedule
an evidentiary hearing on the motion within 30 days.
(3) If the parent or legal custodian who is the subject of
the motion wishes to consent to the motion without admitting or
denying the allegations of the motion, the court must enter an order
supplementing the initial order of adjudication of dependency based
on the sworn allegations of the motion. Failure of the person
properly served with notice to appear at the preliminary hearing on
the motion constitutes the person’s consent to the court’s finding
that the person contributed to the dependency status of the child
under the statutory definition of a dependent child.
(g) Evidentiary Hearing.
(1) Hearing Procedures. The hearing must be conducted
in the same manner and with the same procedures as the
adjudicatory hearing on the dependency petition as provided in
these rules.
(2) Motion for Judgment Denying Motion. In all
proceedings, if at the close of the evidence for the movant, the court
is of the opinion that the evidence is insufficient to warrant findings
that a parent or legal custodian contributed to the dependency
status of the child under the statutory definition of a dependent
child, it may, and on the motion of any party must, enter an order
denying the motion for insufficiency of the evidence.
(3) Denial of Motion. If the court, at the conclusion of
the evidence, finds that the allegations in the motion have not been
sustained, the court must enter an order denying the motion.
(4) Granting of the Motion. If the court finds that the
movant has proven the allegations of the motion, the court must
enter an order granting the motion as provided in these rules.
(5) Failure to Appear. If a person appears for the
preliminary hearing on the motion and the court orders that person
to appear at the evidentiary hearing on the motion, stating the date,
time, and place of the evidentiary hearing, then that person’s failure
to appear for the scheduled evidentiary hearing constitutes consent
to the court’s finding that the person contributed to the dependency
status of the child under the statutory definition of a dependent
child.
(h) Supplemental Order of Adjudication.
(1) If the parent or legal custodian consents to the
motion and its allegations or if the court finds that the movant has
proven the allegations of the motion at an evidentiary hearing, the
court must enter a written order granting the motion and specifying
facts that support findings that a parent or legal custodian
contributed to the dependency status of the child under the
statutory definition of a dependent child and stating whether the
court made the finding by a preponderance of the evidence or by
clear and convincing evidence.
(2) If necessary, the court must schedule a
supplemental disposition hearing within 15 days.
(3) The court must advise the parent who is the subject
of the motion that if the parent fails to substantially comply with
the case plan, parental rights may be terminated.
(4) If the child is in out-of-home placement, the court
must inquire of the parents whether the parents have relatives who
might be considered as placement for the child. The parents must
provide to the court and to all parties the identity and location of
the relatives.
(i) Supplemental Disposition Hearing.
(1) Hearing. If necessary, the court must conduct a
supplemental disposition hearing under the same procedures for a
disposition hearing and case plan review hearing as provided by
law.
(2) Supplemental Reports and Case Plan.
(A) A written case plan and any reports required
by law prepared by an authorized agent of the department must be
filed with the court, served on the parents of the child, provided to
the representative of the guardian ad litem office, if the office has
been appointed, and provided to all other parties not less than 72
hours before the supplemental disposition hearing.
(B) The court may grant an exception to the
requirement for any reports required by law by separate order or
within the judge’s order of disposition upon a finding that all the
family and child information required by law is available in other
documents filed with the court.
(3) Supplemental Order of Disposition. The court must
in its written supplemental order of disposition include:
(A) the placement or custody of the child;
(B) special conditions of placement and visitation;
(C) evaluation, counseling, treatment activities,
and other actions to be taken by the parties, when ordered;
(D) the names of the supervising or monitoring
agencies, and the continuation or discharge of the guardian ad
litem, when appropriate;
(E) the date, time, and location for the next case
review as required by law;
(F) child support payments, if the child is in an
out-of-home placement;
(G) if the child is placed in foster care, the reasons
why the child was not placed in the legal custody of an adult
relative, legal custodian, or other adult approved by the court;
(H) approval of the case plan and any reports
required by law or direction to amend the case plan within 30 days;
and
(I) such other requirements as are deemed
necessary to protect the health, safety, and well-being of the child.
ADJUDICATION, DISPOSITION ORDER, AND
CASE PLAN
(a) Motion. After the court has entered an order of
adjudication of dependency, any party may file a motion for the
court to supplement the order of adjudication with findings that a
parent or legal custodian contributed to the dependency status of
the child under the statutory definition of a dependent child. The
motion may also request that the court supplement the disposition
order and the case plan.
(b) Contents. The motion must:
(1) identify the age, sex, and name of the children
whose parent or legal custodian is the subject of the motion;
(2) specifically identify the parent or legal custodian
who is the subject of the motion; and
(3) allege sufficient facts showing that a parent or legal
custodian contributed to the dependency status of the child under
the statutory definition of a dependent child.
(c) Verification. The motion must be signed under oath,
stating that the signer is filing the motion in good faith.
(d) Amendments. At any time before the conclusion of an
evidentiary hearing on the motion, an amended motion may be filed
or the motion may be amended by oral motion. A continuance may
be granted on motion and a showing that the amendment
prejudices or materially affects any party.
(e) Notice.
(1) In General. Parents or legal custodians who have
previously been properly served with the dependency petition or
who have previously appeared in the dependency proceeding must
be served with a notice of hearing and copies of the motion and the
initial order of adjudication of dependency in the same manner as
the service of documents that are filed after the service of the initial
dependency petition as provided in these rules. The notice must
require the person on whom it is served to appear for the
preliminary hearing on the motion at a time and place specified, not
less than 72 hours after service of the motion. The document
containing the notice to respond or appear must contain, in type at
least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(2) Summons.
(A) Parents or legal custodians who have not been
properly served with the dependency petition or who have not
previously appeared in the dependency proceeding must be properly
served with a summons and copies of the motion and the initial
order of adjudication of dependency. The summons must require
the person on whom it is served to appear for a preliminary hearing
on the motion at a time and place specified, not less than 72 hours
after service of the summons. The summons must contain, in type
at least as large as the balance of the document, the following or
substantially similar language: “FAILURE TO APPEAR AT THE
PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR
CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED
TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE
STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY
ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).” If the hearing will be held through communication
technology, the notice must include instructions for appearing at
the hearing through communication technology.
(B) On the filing of the motion and upon request,
the clerk must issue a summons.
(C) The movant is not required to serve a
summons on a parent or legal custodian who has previously been
properly served with the dependency petition or who has appeared
in the dependency proceeding.
(D) The summons must be served in the same
manner as service of a dependency petition as required by law.
(E) Service by publication of the motion is not
required.
(F) If the location of the party to be served is
unknown, the court may enter an order granting the motion only if
the movant has properly served the person subject to the motion,
the person subject to the motion has appeared in the proceeding, or
the movant has conducted a diligent search and filed with the court
an affidavit of diligent search.
(G) Appearance of any person in a hearing before
the court on the motion eliminates the requirement for serving
process on that person.
(H) A party may consent to service or summons by
e-mail by providing a primary e-mail address to the clerk of court.
(f) Preliminary Hearing on Motion.
(1) The court must conduct a preliminary hearing and
determine whether the parent or legal custodian who is the subject
of the motion:
(A) has been properly served with the summons or
notice, and with copies of the motion and initial order of
adjudication of dependency;
(B) is represented by counsel or is entitled to
appointed counsel as provided by law; and
(C) wishes to challenge the motion or consent to
the court granting the motion.
(2) If the parent or legal custodian who is the subject of
the motion wishes to challenge the motion, the court must schedule
an evidentiary hearing on the motion within 30 days.
(3) If the parent or legal custodian who is the subject of
the motion wishes to consent to the motion without admitting or
denying the allegations of the motion, the court must enter an order
supplementing the initial order of adjudication of dependency based
on the sworn allegations of the motion. Failure of the person
properly served with notice to appear at the preliminary hearing on
the motion constitutes the person’s consent to the court’s finding
that the person contributed to the dependency status of the child
under the statutory definition of a dependent child.
(g) Evidentiary Hearing.
(1) Hearing Procedures. The hearing must be conducted
in the same manner and with the same procedures as the
adjudicatory hearing on the dependency petition as provided in
these rules.
(2) Motion for Judgment Denying Motion. In all
proceedings, if at the close of the evidence for the movant, the court
is of the opinion that the evidence is insufficient to warrant findings
that a parent or legal custodian contributed to the dependency
status of the child under the statutory definition of a dependent
child, it may, and on the motion of any party must, enter an order
denying the motion for insufficiency of the evidence.
(3) Denial of Motion. If the court, at the conclusion of
the evidence, finds that the allegations in the motion have not been
sustained, the court must enter an order denying the motion.
(4) Granting of the Motion. If the court finds that the
movant has proven the allegations of the motion, the court must
enter an order granting the motion as provided in these rules.
(5) Failure to Appear. If a person appears for the
preliminary hearing on the motion and the court orders that person
to appear at the evidentiary hearing on the motion, stating the date,
time, and place of the evidentiary hearing, then that person’s failure
to appear for the scheduled evidentiary hearing constitutes consent
to the court’s finding that the person contributed to the dependency
status of the child under the statutory definition of a dependent
child.
(h) Supplemental Order of Adjudication.
(1) If the parent or legal custodian consents to the
motion and its allegations or if the court finds that the movant has
proven the allegations of the motion at an evidentiary hearing, the
court must enter a written order granting the motion and specifying
facts that support findings that a parent or legal custodian
contributed to the dependency status of the child under the
statutory definition of a dependent child and stating whether the
court made the finding by a preponderance of the evidence or by
clear and convincing evidence.
(2) If necessary, the court must schedule a
supplemental disposition hearing within 15 days.
(3) The court must advise the parent who is the subject
of the motion that if the parent fails to substantially comply with
the case plan, parental rights may be terminated.
(4) If the child is in out-of-home placement, the court
must inquire of the parents whether the parents have relatives who
might be considered as placement for the child. The parents must
provide to the court and to all parties the identity and location of
the relatives.
(i) Supplemental Disposition Hearing.
(1) Hearing. If necessary, the court must conduct a
supplemental disposition hearing under the same procedures for a
disposition hearing and case plan review hearing as provided by
law.
(2) Supplemental Reports and Case Plan.
(A) A written case plan and any reports required
by law prepared by an authorized agent of the department must be
filed with the court, served on the parents of the child, provided to
the representative of the guardian ad litem office, if the office has
been appointed, and provided to all other parties not less than 72
hours before the supplemental disposition hearing.
(B) The court may grant an exception to the
requirement for any reports required by law by separate order or
within the judge’s order of disposition upon a finding that all the
family and child information required by law is available in other
documents filed with the court.
(3) Supplemental Order of Disposition. The court must
in its written supplemental order of disposition include:
(A) the placement or custody of the child;
(B) special conditions of placement and visitation;
(C) evaluation, counseling, treatment activities,
and other actions to be taken by the parties, when ordered;
(D) the names of the supervising or monitoring
agencies, and the continuation or discharge of the guardian ad
litem, when appropriate;
(E) the date, time, and location for the next case
review as required by law;
(F) child support payments, if the child is in an
out-of-home placement;
(G) if the child is placed in foster care, the reasons
why the child was not placed in the legal custody of an adult
relative, legal custodian, or other adult approved by the court;
(H) approval of the case plan and any reports
required by law or direction to amend the case plan within 30 days;
and
(I) such other requirements as are deemed
necessary to protect the health, safety, and well-being of the child.