Florida Juvenile Procedure Rule 8.445
RULE 8.445. PETITION FOR ADJUDICATION AND
PERMANENT COMMITMENT
(a) Petition.
(1) If both parents of a child are deceased or the last
known living parent of a child is deceased and a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding, then an attorney for the department or any other
person who has knowledge of the facts alleged or is informed of the
alleged facts, and believes them to be true, may initiate a
proceeding by filing a petition for adjudication and permanent
commitment. If the child has already been adjudicated dependent, a
petition for permanent commitment may be filed.
(2) If a child has been placed in shelter status by order
of the court but has not yet been adjudicated, a petition for
adjudication and permanent commitment must be filed within 21
days after the shelter hearing. In all other cases, the petition must
be filed within a reasonable time after the date the petitioner first
becomes aware of the facts that support the petition for
adjudication and permanent commitment.
(b) Contents. The petition must:
(1) Be in writing;
(2) Identify the alleged deceased parents;
(3) Provide facts that establish that both parents of the
child are deceased, or that the last known living parent is deceased;
and
(4) Allege that a legal custodian has not been appointed
for the child through a probate or guardianship proceeding.
(c) Verification. The petition must be signed by the
petitioner under oath stating the petitioner’s good faith in filing the
petition.
(d) Adjudicatory Hearing. When a petition for adjudication
and permanent commitment or a petition for permanent
commitment has been filed, the clerk of court must set the case
before the court for an adjudicatory hearing.
(1) The adjudicatory hearing must be held as soon as
practicable after the petition is filed, but no later than 30 days after
the filing date.
(2) Notice of the date, time, and place of the
adjudicatory hearing and a copy of the petition must be served on
the following persons:
(A) Any person who has physical custody of the
child;
(B) A living relative of each parent of the child
unless a living relative cannot be found after a diligent search or
inquiry; and
(C) The guardian ad litem for the child or the
representative of the guardian ad litem office if the office has been
appointed.
(3) The court must conduct an adjudicatory hearing
without a jury and apply the rules of evidence in use in civil cases,
adjourning the hearing as necessary. The court must determine
whether the petitioner has established by clear and convincing
evidence that both parents of the child are deceased, or that the last
known living parent is deceased and the other parent cannot be
found after a diligent search or inquiry, and that a legal custodian
has not been appointed for the child through a probate or
guardianship proceeding. A certified copy of the death certificate for
each parent is sufficient evidence of the parents’ deaths.
(e) Order on Adjudicatory Hearing on Petition for
Adjudication and Permanent Commitment. The court must enter
an order within 30 days after an adjudicatory hearing on the
petition.
(1) Order Granting Adjudication and Permanent
Commitment. If the court finds that the petitioner has met the clear
and convincing standard, the court must enter a written order
adjudicating the child dependent and permanently committing the
child to the custody of the department for the purpose of adoption.
A disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide a case
plan that identifies the permanency goal for the child to the court.
(2) Order Granting Adjudication. If the court finds that
clear and convincing evidence does not establish that both parents
of a child are deceased, or that the last known living parent is
deceased and the other parent cannot be found after a diligent
search or inquiry, and that a legal custodian has not been
appointed for the child through a probate or guardianship
proceeding, but that a preponderance of the evidence establishes
that the child does not have a parent or legal custodian capable of
providing supervision or care, the court must enter a written order
adjudicating the child dependent. A disposition hearing must be
scheduled no later than 30 days after the entry of the order.
(3) Order Dismissing Petition. If the court finds that the
petitioner has not met the clear and convincing standard and that a
preponderance of the evidence does not establish that the child
does not have a parent or legal custodian capable of providing
supervision or care, the court must enter a written order so finding
and dismiss the petition.
(f) Order on Adjudicatory Hearing on Petition for
Permanent Commitment. The court must enter an order within 30
days after an adjudicatory hearing on the petition.
(1) Order Granting Permanent Commitment. If the court
finds that the petitioner has met the clear and convincing standard,
the court must enter a written order permanently committing the
child to the custody of the department for purposes of adoption. A
disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide an
amended case plan that identifies the permanency goal for the child
to the court.
(2) Order Denying Petition. If the court finds that clear
and convincing evidence does not establish that both parents of a
child are deceased or that the last known living parent is deceased
and the other parent cannot be found after a diligent search or
inquiry, the court must enter a written order denying the petition.
The order has no effect on the child’s prior adjudication. The order
does not bar the petitioner from filing a subsequent petition for
permanent commitment based on newly discovered evidence that
establishes that both parents of a child are deceased, or that the
last known living parent is deceased, and that a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding.
(g) Disposition Hearing.
(1) Hearing. The court must conduct a supplemental
disposition hearing under the same procedures for a disposition
hearing and case plan review hearing for a dependency petition as
provided by law.
(2) Reports and Case Plan.
(A) A written case plan and any reports required
by law must be filed with the court, served to any known living
parents, if applicable, and provided to the representative of the
guardian ad litem office, if the office has been appointed, not less
than 72 hours before the 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) Order of Disposition. The court must in its written
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 applicable and 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.
(h) Judicial Review Hearing. Until the adoption of the child
is finalized, or the child reaches the age of 18 years, whichever
occurs first, the court must hold hearings pursuant to these rules
every 6 months to review the progress being made toward
permanency for the child.
E. TERMINATION OF PARENTAL RIGHTS
PERMANENT COMMITMENT
(a) Petition.
(1) If both parents of a child are deceased or the last
known living parent of a child is deceased and a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding, then an attorney for the department or any other
person who has knowledge of the facts alleged or is informed of the
alleged facts, and believes them to be true, may initiate a
proceeding by filing a petition for adjudication and permanent
commitment. If the child has already been adjudicated dependent, a
petition for permanent commitment may be filed.
(2) If a child has been placed in shelter status by order
of the court but has not yet been adjudicated, a petition for
adjudication and permanent commitment must be filed within 21
days after the shelter hearing. In all other cases, the petition must
be filed within a reasonable time after the date the petitioner first
becomes aware of the facts that support the petition for
adjudication and permanent commitment.
(b) Contents. The petition must:
(1) Be in writing;
(2) Identify the alleged deceased parents;
(3) Provide facts that establish that both parents of the
child are deceased, or that the last known living parent is deceased;
and
(4) Allege that a legal custodian has not been appointed
for the child through a probate or guardianship proceeding.
(c) Verification. The petition must be signed by the
petitioner under oath stating the petitioner’s good faith in filing the
petition.
(d) Adjudicatory Hearing. When a petition for adjudication
and permanent commitment or a petition for permanent
commitment has been filed, the clerk of court must set the case
before the court for an adjudicatory hearing.
(1) The adjudicatory hearing must be held as soon as
practicable after the petition is filed, but no later than 30 days after
the filing date.
(2) Notice of the date, time, and place of the
adjudicatory hearing and a copy of the petition must be served on
the following persons:
(A) Any person who has physical custody of the
child;
(B) A living relative of each parent of the child
unless a living relative cannot be found after a diligent search or
inquiry; and
(C) The guardian ad litem for the child or the
representative of the guardian ad litem office if the office has been
appointed.
(3) The court must conduct an adjudicatory hearing
without a jury and apply the rules of evidence in use in civil cases,
adjourning the hearing as necessary. The court must determine
whether the petitioner has established by clear and convincing
evidence that both parents of the child are deceased, or that the last
known living parent is deceased and the other parent cannot be
found after a diligent search or inquiry, and that a legal custodian
has not been appointed for the child through a probate or
guardianship proceeding. A certified copy of the death certificate for
each parent is sufficient evidence of the parents’ deaths.
(e) Order on Adjudicatory Hearing on Petition for
Adjudication and Permanent Commitment. The court must enter
an order within 30 days after an adjudicatory hearing on the
petition.
(1) Order Granting Adjudication and Permanent
Commitment. If the court finds that the petitioner has met the clear
and convincing standard, the court must enter a written order
adjudicating the child dependent and permanently committing the
child to the custody of the department for the purpose of adoption.
A disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide a case
plan that identifies the permanency goal for the child to the court.
(2) Order Granting Adjudication. If the court finds that
clear and convincing evidence does not establish that both parents
of a child are deceased, or that the last known living parent is
deceased and the other parent cannot be found after a diligent
search or inquiry, and that a legal custodian has not been
appointed for the child through a probate or guardianship
proceeding, but that a preponderance of the evidence establishes
that the child does not have a parent or legal custodian capable of
providing supervision or care, the court must enter a written order
adjudicating the child dependent. A disposition hearing must be
scheduled no later than 30 days after the entry of the order.
(3) Order Dismissing Petition. If the court finds that the
petitioner has not met the clear and convincing standard and that a
preponderance of the evidence does not establish that the child
does not have a parent or legal custodian capable of providing
supervision or care, the court must enter a written order so finding
and dismiss the petition.
(f) Order on Adjudicatory Hearing on Petition for
Permanent Commitment. The court must enter an order within 30
days after an adjudicatory hearing on the petition.
(1) Order Granting Permanent Commitment. If the court
finds that the petitioner has met the clear and convincing standard,
the court must enter a written order permanently committing the
child to the custody of the department for purposes of adoption. A
disposition hearing must be scheduled no later than 30 days after
the entry of the order, in which the department must provide an
amended case plan that identifies the permanency goal for the child
to the court.
(2) Order Denying Petition. If the court finds that clear
and convincing evidence does not establish that both parents of a
child are deceased or that the last known living parent is deceased
and the other parent cannot be found after a diligent search or
inquiry, the court must enter a written order denying the petition.
The order has no effect on the child’s prior adjudication. The order
does not bar the petitioner from filing a subsequent petition for
permanent commitment based on newly discovered evidence that
establishes that both parents of a child are deceased, or that the
last known living parent is deceased, and that a legal custodian has
not been appointed for the child through a probate or guardianship
proceeding.
(g) Disposition Hearing.
(1) Hearing. The court must conduct a supplemental
disposition hearing under the same procedures for a disposition
hearing and case plan review hearing for a dependency petition as
provided by law.
(2) Reports and Case Plan.
(A) A written case plan and any reports required
by law must be filed with the court, served to any known living
parents, if applicable, and provided to the representative of the
guardian ad litem office, if the office has been appointed, not less
than 72 hours before the 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) Order of Disposition. The court must in its written
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 applicable and 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.
(h) Judicial Review Hearing. Until the adoption of the child
is finalized, or the child reaches the age of 18 years, whichever
occurs first, the court must hold hearings pursuant to these rules
every 6 months to review the progress being made toward
permanency for the child.
E. TERMINATION OF PARENTAL RIGHTS