RULE 8.500. PETITION

(a) Initiation of Proceedings.

(1) All proceedings seeking the termination of parental
rights to a child shall be initiated by the filing of an original petition
in the pending dependency action, if any.

(2) A petition for termination of parental rights may be
filed at any time by the department, the guardian ad litem, or any
person having knowledge of the facts. Each petition shall be titled a
petition for termination of parental rights.

(3) When provided by law, a separate petition for
dependency need not be filed.

(b) Contents.

(1) The petition shall contain allegations as to the
identity and residence of the parents, if known.

(2) The petition shall identify the age, sex, and name of
the child. Two or more children may be the subject of the same
petition.

(3) The petition shall include facts supporting
allegations that each of the applicable statutory elements for
termination of parental rights has been met.

(4) When required by law, the petition shall contain a
showing that the parents were offered a case plan and did not
substantially comply with it.
(5) The petition shall contain an allegation that the
parents will be informed of the availability of private placement of
the child with an adoption entity, as defined in chapter 63, Florida
Statutes.

(6) The petition shall have a certified copy of the birth
certificate of each child named in it attached unless the petitioner,
after diligent search and inquiry, is unable to produce it, in which
case the petition shall state the date and place of birth of each
child, unless these matters cannot be ascertained after diligent
search and inquiry or for other good cause.

(c) Verification. The petition shall be signed under oath
stating the good faith of the petitioner in filing it. No objection to a
petition on the grounds that it was not signed or verified as required
shall be entertained after a plea to the merits.

(d) Amendments. At any time before the conclusion of an
adjudicatory hearing, an amended petition may be filed or the
petition may be amended by motion. However, after a written
answer has been filed or the adjudicatory hearing has commenced,
amendments shall be permitted only with the permission of the
court unless all parties consent. Amendments shall be freely
permitted in the interest of justice and the welfare of the child. A
continuance shall be granted on motion and a showing that the
amendment prejudices or materially affects any party.

(e) Defects and Variances. No petition or any count of it
shall be dismissed, or any judgment vacated, because of any defect
in the form of the petition or of misjoinder of counts. If the court is
of the opinion that the petition is so vague, indistinct, and indefinite
as to mislead the parent and prejudice him or her in the
preparation of a defense, the petitioner will be required to furnish a
more definite statement.

(f) Voluntary Dismissal. The petitioner, without leave of the
court, at any time before entry of an order of adjudication, may
request a voluntary dismissal of the petition by serving a notice of
request of dismissal on all parties or, if during a hearing, by so
stating on the record. The petition shall be dismissed and the court
loses jurisdiction unless another party adopts the petition within 72
hours. Unless otherwise stated, the dismissal shall be without
prejudice.

(g) Parental Consent.

(1) The parents of the child may consent to the petition
for termination of parental rights at any time, in writing or orally,
on the record.

(2) If, before the filing of the petition for termination of
parental rights, the parents have consented to the termination of
parental rights and executed surrenders and waivers of notice of
hearing as provided by law, this shall be alleged in the petition and
copies shall be attached to the petition and presented to the court.

(3) If the parents appear and enter an oral consent on
the record to the termination of parental rights, the court shall
determine the basis on which a factual finding may be made and
shall incorporate these findings into its order of disposition.