Florida/Georgia Personal Injury & Workers Compensation

...Despite being personally served with a notice of hearing, S.B. did not attend the arraignment. Because S.B. failed to appear, the court entered a default judgment against her and proceeded as though S.B. had consented to an adjudication of dependency pursuant to section 39.506(3), Florida Statutes (1997), which states: Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to a dependency adjudication....

...the trial had already been completed," and counsel was capable of proceeding without her presence. The trial court denied the parents' motion, finding that the parents' failure to appear constituted a consent to a dependency adjudication pursuant to section 39.506(3), Florida Statutes (2001) and Florida Rule of Juvenile Procedure 8.330(c). Based on the default, the court entered a dependency order. Section 39.506(3) and Rule 8.330(c) state in pertinent part: If a person appears for the arraignment hearing and the court orders that person to personally appear at the adjudicatory hearing for dependency, stating the date, time, and place of the ad...

...judicatory hearing and they had at least twice been advised of the consequences of failing to appear. However, we hold that the trial court abused its discretion in failing to set aside the default. The purpose of a default provision such as that in section 39.506(3) is to ensure that the object of the dependency petition "is not defeated by the parent's neglect of the proceeding." J.B....

...Dep't of Children & Family Servs., 768 So.2d 1060, 1067 (Fla.2000) (quoting J.B. v. Dep't of Children & Family Servs., 734 So.2d 498, 501 (Fla. 1st DCA 1999) (discussing section 39.462(1)(a), Florida Statutes (1995) which involves termination of parental rights)). Section 39.506(3) "enables the trial court" to bring a dependency case "to conclusion even if the parent has chosen not to participate." Id....

...Apparent throughout Chapter 39 is the legislative intent that dependency cases be expedited. Section 39.013(5), Florida Statutes (Supp.1998), provides that the circuit court "shall expedite the judicial handling of all cases when the child has been removed from the family and placed in a shelter." [5] Section 39.506(1), Florida Statutes (Supp.1998), states that if a child has been detained by order of the court and the parent denies the allegations of the dependency petition, the court shall hold an adjudicatory hearing within 30 days after arraignment unless a continuance is granted....

...The purpose of the motion for trial in court-ordered non-binding arbitration is to hasten the litigation along, make the parties evaluate the award, and either accept it or complete the litigation through trial. We analogize this to the interpretation this court made of section 39.506(3), Florida Statutes (2001), in A.J....

...Department of Children and Families, 845 So.2d 973 (Fla. 4th DCA 2003). That section provides for a default of a parent who fails to appear at a scheduled adjudicatory hearing for dependency. We noted: The purpose of a default provision such as that in section 39.506(3) is to ensure that the object of the dependency petition "is not defeated by the parent's neglect of the proceeding." [Citations omitted]. Section 39.506(3) "enables the trial court" to bring a dependency case "to conclusion even if the parent has chosen not to participate." Id....

...This thing was set for 9:00." G.A. thereafter made a motion to set aside the default which was denied. We first note that although the trial court used the term "default," the term "consent" is the proper term to be used when a parent fails to appear at an arraignment hearing. [2] Section 39.506(3), Florida Statutes (2002), provides in part, "Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to a dependency adjudication." Pursuant to the statute, the court i...

...In reversing the trial court's order, the Fourth District held that the intent of a default provision is to ascertain that the object of the dependency petition is not defeated by the parents' disregard of the proceedings. Id. at 976. The court also noted that the purpose of the default provision in section 39.506(3), is "not to inject `gotcha' practices into the dependency process." Id....

...may ultimately result in loss of custody of the child. There is no authority for such a warning in connection with a filing hearing. Such a warning is authorized for an arraignment hearing, but not a filing hearing. See Fla. R. Juv. P. 8.225(c)(1); § 39.506(3), Fla....

...The fathers of the children, who subsequently were awarded custody after they completed their case plans, appeared at the hearing and gave their consent to the adjudication of dependency. The court proceeded as though S.B. had consented pursuant to section 39.506(3), Florida Statutes, which states: Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to a dependency adjudication....

holding is limited to those consents implied by section 39.506(3), Florida Statutes (2002) (involving dependency)

...re an especially questionable place to rigidly impose "defaults" as a method of case management. Furthermore, the trial court must follow the established rules of procedure. The dependency court is not empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that a failure to appear at an arraignment hearing constitutes consent to the adjudication....

...in bold letters on the summons as required by the statute. The trial court was thus permitted to enter a "consent" order. The Rules of Juvenile Procedure, however, also required the trial court to schedule a disposition hearing within fifteen days. See § 39.506(3), Fla....

...At the February 13, 2001 review, the parents moved unsuccessfully to dismiss the proceedings. Trial was set for April 12, 2001. At the outset of the April 12, 2001 adjudicatory hearing the parents renewed their motion to dismiss, asserting that the language contained in sections 39.506(1) and 39.507(1)(a), Florida Statutes, constitutes a speedy trial rule applicable to dependency actions and that the failure to commence trial within 30 days of the arraignment divested the court of jurisdiction over the dependency action....

...Thus, the supreme court has removed the speedy trial time for dependency actions. The supreme court has provided at Florida Rule of Judicial Administration 2.085(d)(1)(E) for a time standard of 180 days for the final disposition of a petition for dependency. These time standards, however, are not jurisdictional. Section 39.506(1), Florida Statutes, applicable to dependency cases, provides: When a child has been sheltered by order of the court, an arraignment hearing must be held no later than 28 days after the shelter hearing, or within 7 days after the date...

...e after the petition for dependency is filed and in accordance with the Florida Rules of Juvenile Procedure, but no later than 30 days after the arraignment. This court has recently rejected the contention that the time periods contained in sections 39.506(1) and 39.507(1)(a) are jurisdictional speedy trial periods....

...3d at 977 (quoting Borden v. Guardianship of Borden-Moore, 818 So. 2d 604, 607 (Fla. 5th DCA 2002)). An arraignment provides the opportunity “for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.” § 39.506(1)–(2), Fla....

...bandonment, or neglect. Both parents denied the allegations of the petition at their arraignment, and an adjudicatory hearing was set. When Mother failed to appear at the hearing, the trial court found she had consented to the dependency pursuant to section 39.506(3), Florida Statutes (2011)....

District held that the similar dependency statute, section 39.506(3), Florida Statutes (2008), does not authorize

fails to appear at an arraignment hearing.2 Section 39.506(3), Florida Statutes (2002), provides in part

empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that

of dependency as alleged in the petition. See § 39.506(1) - (2), Fla. Stat. (2018). Depending on the

of dependency as alleged in the petition. See § 39.506(1) - (2), Fla. Stat. (2018). Depending on the

...5th DCA 2004); see also Dep’t of Children & Families v. T.S., 154 So. 3d 1223, 1226 (Fla. 4th DCA 2015) (“An arraignment provides the opportunity ‘for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat....

...5th DCA 2004); see also Dep’t of Children & Families v. T.S., 154 So. 3d 1223, 1226 (Fla. 4th DCA 2015) (“An arraignment provides the opportunity ‘for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat....

contained the following bold warning required by section 39.506(3), Florida Statutes (2003): FAILURE TO PERSONALLY

hearing absent proper notice in accordance with section 39.506(3), Florida Statutes (2011), and Florida Rule

...Dep't of Children & Families, 718 So.2d 373, 374 (Fla. 3d DCA 1998). The statute does, however, contain the functional equivalent. In two situations, the failure of a defendant to appear can be deemed to be a consent to a dependency adjudication. See § 39.506(3), Fla....

...Second, if a person appears at the arraignment hearing and the court orders that person to appear personally at the adjudicatory hearing for dependency (giving the date, time, and place), "then that person's failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication." § 39.506(3), Fla....

...ide the adjudicatory orders. [1] *1109 Both the statute and rule implicitly authorize entering a consent to dependency where parents do not appear for an adjudicatory hearing after proper notice. The controlling statute, which is our polestar, is subsection 39.506(3), Florida Statutes (2006). The controlling rule, which is our corollary polestar, is Florida Rule of Juvenile Procedure 8.330(c). Subsection 39.506(3) and rule 8.330(c) state: If a person appears for the arraignment hearing and the court orders that person to personally appear at the adjudicatory hearing for dependency, stating the date, time, and place of the adjudicatory hearing...

...e to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication. A consent by default provision appears in multiple places in the statutes and rules governing dependency and termination of parental rights cases. §§ 39.506(3), 39.801(3)(d), Fla....

...I concur with the majority's result, remanding the case to the trial court for further proceedings. However, instead of remanding for a new trial, I would instruct the trial court to allow the parents to file properly verified motions to set aside the defaults. NOTES [*] Subsection 39.506(3), Florida Statutes (2006), provides: (3) Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to a dependency adjudication....

adjudicatory hearing pursuant to section 39.507. See § 39.506(2). Yet, an adjudicatory hearing was not held

...to the dependency adjudication was not knowing and voluntary. At that point, without the Mother's knowing and voluntary consent, the trial court could adjudicate the child dependent only after an adjudicatory hearing pursuant to section 39.507. See § 39.506(2)....