Florida Juvenile Procedure Rule 8.805 - COMMENCEMENT OF PROCEEDINGS | Syfert Law

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Florida Juvenile Procedure Rule 8.805

RULE 8.805. COMMENCEMENT OF PROCEEDINGS

(a) Petition to Be Filed. Proceedings for a judicial waiver of
parental notice of and consent or consent only to termination of
pregnancy shall be commenced by the filing of a petition in circuit
court.

(b) Pseudonymous Petitions. Petitions filed under a
pseudonym or initials shall be filed simultaneously with a sworn
statement containing the minor’s true name, date of birth, address
and the case number. A certified copy of this Sworn Statement of
True Name and Pseudonym shall be given to the minor at the time
it is filed. The original sworn statement shall be kept under seal at
all times and may only be opened at the minor’s request or by court
order.

(c) Notice Under Pseudonymous Petitions. So that the
minor may receive notice in a safe and secure manner, the minor
shall elect to receive notice through the address and phone number
of a trusted third person or by personally contacting the clerk’s
office. If the minor elects to personally contact the clerk’s office, she
must still provide an address and phone number of a third person
through which to receive notice in the event that the court needs to
provide notice at a time other than when the minor personally
contacts the clerk’s office.

(d) Procedures Upon Filing Petition. Upon the filing of a
petition, the clerk of the circuit court shall immediately:

(1) open a new file and assign a new case number;

(2) provide the minor with a certified copy of Form
8.988, Sworn Statement of True Name and Pseudonym;

(3) provide the minor with Form 8.989, Advisory Notice
to Minor;

(4) present the petition to the court for scheduling of
the hearing and appointment of counsel, if requested; and

(5) provide notice of the hearing to the minor. If it is not
possible for the clerk to immediately provide notice at the time the
minor files the petition, the clerk shall provide notice through the
method elected by the minor in the petition.

(e) Fees and Costs. No filing fees or court costs shall be
assessed against any pregnant minor who petitions a court for a
waiver of parental notice and consent or consent only.

Cases Citing Rule 8.805

Total Results: 5

In Re Amendments to Fl Rules of Juv. Proc.

907 So. 2d 1161, 2005 WL 1529690

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 459357

Cited 4 times | Published

pursuant to section 390.01114, Florida Statutes. Rule 8.805. Commencement of Proceedings (a) Petition to

Category: Juvenile Procedure

Amendments to Rules of Juv. Procedure-Forms

934 So. 2d 438, 2006 WL 1838942

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460945

Cited 2 times | Published

Termination of Pregnancy and Advisory Notice to Minor). Rule 8.805 is amended in two ways. First, subdivision (a)

Category: Juvenile Procedure

In Re Doe 07-B

973 So. 2d 627, 2008 Fla. App. LEXIS 818, 2008 WL 214780

District Court of Appeal of Florida | Filed: Jan 28, 2008 | Docket: 1688554

Cited 1 times | Published

Procedure, 934 So.2d 438, 438 (Fla.2006) (amending rule 8.805 to "delete the statement requiring that petitions

Category: Juvenile Procedure

In Re: Amendments to Florida Rule of Judicial Administration 2.420, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate Procedure—2020 Joint Fast-Track Report

Supreme Court of Florida | Filed: Mar 4, 2021 | Docket: 59704005

Published

APPENDIX RULE 8.805. COMMENCEMENT OF PROCEEDINGS (a)

Category: Juvenile Procedure

In Re: Amendments to Florida Rule of Judicial Administration 2.420, the Florida Rules of Juvenile Procedure, and Florida Rule of Appellate Procedure Form 9.900(f) – 2020 Joint Fast-Track Report

Supreme Court of Florida | Filed: Jul 2, 2020 | Docket: 17317800

Published

-9- RULE 8.805. COMMENCEMENT OF PROCEEDINGS (a)

Category: Juvenile Procedure