The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . "[O]nly one order adjudicating each child in the case dependent shall be entered." § 39.507(7)(a). . . . ." § 39.507(7)(b). . . . Further, section 39.507(8) provides as follows: At the conclusion of the adjudicatory hearing, if the . . . Section 39.507(7)(b) contemplates that if the court holds an evidentiary hearing for a second parent . . . Compare § 39.507(8) (requiring "the court [to] schedule the disposition hearing within 30 days after . . .
. . . . § 39.507(2), Fla. Stat. (2018). . . . otherwise provided, nothing in this section prohibits the publication of the proceedings in a hearing." § 39.507 . . .
. . . (amending § 39.507(7)(b), Fla. Stat. (2016)). . . .
. . . Section 39.409(1) is the predecessor to section 39.507(4), Florida Statutes (2016), which provides that . . .
. . . proceed with an evidentiary hearing pursuant to Florida Rule of Juvenile Procedure 8.347 and section 39.507 . . .
. . . hearing if placed with nonrelatives); 39.402 (shelter and shelter review hearing); 39.506 (arraignment); 39.507 . . .
. . . .” § 39.507(l)(a), Fla. Stat. (2014). Here, the arraignment was reset three times. . . .
. . . court to order an addicted parent into drug counseling, which a dependency judge can do under section 39.507 . . . Chapter 61 also contains no language similar to sections 39.507(10) or 39.6011, Florida Statutes, authorizing . . .
. . . .” §§ 39.01(15)(f); 39.507(7)(a), Fla. Stat. (2013). . . .
. . . appellant requested an eviden-tiary hearing on dependency consistent with the requirements of section 39.507 . . .
. . . Under section 39.507(5), Florida Statutes, the Court finds that the child(ren) named in the petition . . . Under section 39.507(5), Florida Statutes, the Court hereby withholds adjudication of dependency of the . . .
. . . . § 39.507(6), Fla. . . .
. . . Pursuant to section 39.507(7), Florida Statutes (2011), the court subsequently held an evidentiary hearing . . .
. . . proceeded to adjudicate the child dependent and purported to make findings of fact pursuant to section 39.507 . . .
. . . finding of dependency was based, as required by Florida Rule of Juvenile Procedure 8.332(a) and section 39.507 . . . the evidence presented at the adjudicatory hearing and is in compliance with rule 8.332(a), section 39.507 . . . See also § 39.507(6), Fla. . . .
. . . .”§ 39.507(7)(b), Fla. . . . dependent if he or she is ‘at substantial risk of imminent abuse, abandonment, or neglect,’ section 39.507 . . . See § 39.507(7)(a), Fla. . . .
. . . Furthermore, we reject DCF’s confession of error based on the Fifth District’s holding in P.S. that section 39.507 . . . Section 39.507(7), Florida Statutes (2011), provides that: (a) For as long as a court maintains jurisdiction . . . Subsection 39.507(7) was added to Chapter 39 to remedy “unnecessary delays in placement and permancy” . . . confession of error, as we disagree with the Fifth District Court of Appeal’s interpretation of Section 39.507 . . .
. . . This acknowledgement reflects the framework of section 39.507(7)(a), Florida Statutes (2011), which provides . . . Instead, section 39.507(7)(b) required the trial court to hold an evidentiary hearing to determine whether . . . dependent if he or she is “at substantial risk of imminent abuse, abandonment, or neglect,” section 39.507 . . . Assuming, in the present case, we were to treat the hearing conducted as that which was required under 39.507 . . .
. . . DCF properly concedes that this format is inadequate to meet the requirements of section 39.507(6), Florida . . .
. . . Section 39.507, which governs hearings adjudicating children dependent, provides that such hearings “ . . . be conducted by the judge without a jury, applying the rules of evidence in use in civil cases.” § 39.507 . . . Procedure 8.257(h) prohibits a general magistrate from presiding over an adjudicatory hearing under section 39.507 . . . over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507 . . .
. . . do so, I submit the following to clearly state my position regarding the interpretation of section 39.507 . . . Section 39.507(7)(a) provides that “only one order adjudicating each child in the case dependent shall . . . Thus, because section 39.507(7)(a) provides that “only one order adjudicating each child in the case . . . dependency, the trial court was faced with two seemingly conflicting provisions set forth in section 39.507 . . . Court, I would certify the following as questions of great public importance: (1) Pursuant to section 39.507 . . . authority to vacate the original order of dependency, but that it erred in doing so because section 39.507 . . . Additionally, it contends that section 39.507(7)(a) only permits the trial court to enter a single order . . . The rules of adjudicatory hearings are found in section 39.507. . . . However, section 39.507(7)(a) provides that while a court maintains jurisdiction over a dependency case . . . We believe, however, that section 39.507(7)(b) does provide a remedy to the situation created in this . . .
. . . . § 39.507(l)(b), Fla. Stat. (2009). . . .
. . . . § 39.507(1)(b), Fla. Stat. (2009); see M.C. v. . . .
. . . a procedure for the court when withholding adjudication in a dependency case, as allowed by section 39.507 . . .
. . . See § 39.507(7), Fla. Stat. (2008). . . .
. . . (pursuant to § 39.507(5) Florida Statutes).” . . .
. . . trial court could adjudicate the child dependent only after an adjudicatory hearing pursuant to section 39.507 . . .
. . . under the more relaxed preponderance-of-the-evidence standard applicable in dependency hearings, see 39.507 . . .
. . . Pursuant to section 39.507(7)(a), Florida Statutes (2008), it was improper for the trial court to enter . . . under this chapter and may be based on the conduct of one parent, both parents, or a legal custodian. § 39.507 . . . Although section 39.507(7)(a) prohibited the entry of a second order of adjudication of dependency, section . . . 39.507(7)(b) required the court to hold an evidentiary hearing to determine if the father abused, abandoned . . . dependent if he or she is “at substantial risk of imminent abuse, abandonment, or neglect,” section 39.507 . . .
. . . See § 39.507(1)(b), Fla. Stat. . . .
. . . . § 39.507 (setting forth the requirements for an adjudicatory hearing on dependency). . . .
. . . DISCUSSION Section 39.507(6) provides that where “the court finds that the child named in a petition . . .
. . . . § 39.507(1)(b), Fla. Stat. (2007). . . .
. . . We start by noting that, section 39.507, Florida Statutes, does not give the court “full authority” over . . . See § 39.507(5) & (6), Fla. Stat. (2006). . . . The court’s treatment of children who are not adjudicated dependent is governed by section 39.507(5), . . . However, section 39.507(5) only authorizes an extended exercise of jurisdiction if “the court later finds . . . Clearly, the court cannot proceed further under section 39.507(5) after it enters an order successfully . . .
. . . Nevertheless, section 39.507(l)(b), Florida Statutes, provides that “[ajdjudicatory hearing shall be . . .
. . . .” § 39.507(2), Fla. Stat. (2006). . . .
. . . . § 39.507(6), Fla. Stat. (2005); Fla. R. Juv. P. 8.330(g). . . .
. . . See § 39.507(4), Fla. Stat. (2005). . . .
. . . .” §§ 39.01(14)(a), (f); 39.507(l)(b), Fla. . . .
. . . Section 39.507(6), Florida Statutes (2005), generally requires the trial court to set forth the facts . . . and remand this case to the trial court to enter an order of adjudication in compliance with section 39.507 . . .
. . . . § 39.507(l)(b), Fla. Stat. (2006).. . . .
. . . . § 39.507(1)(b); Fla. R. Juv. P. 8.330(a). . . . Section 39.507(6) requires that “[i]f the court finds that the child named in a petition is dependent . . .
. . . . § 39.507(l)(b), Fla. Stat. (2003); Fla. R. Juv. P. 8.330(a). . . .
. . . shelter hearings under section 39.402, Florida Statutes (2005), and adjudicatory hearings under sections 39.507 . . . over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507 . . . Under section 39.507(5), Florida Statutes, the Court finds that the child(ren) named in the petition . . . Under section 39.507(5), Florida Statutes, the Court hereby withholds adjudication of dependency of the . . . Section 39.507 governs adjudicatory hearings conducted after the Department has filed a petition for . . .
. . . . § 39.507(l)(b), Fla. Stat. (2005). . . .
. . . . § 39.507(l)(b), Fla. Stat. (2004); P.M. v. . . .
. . . recognize that the burden of proof in a dependency matter is only by a preponderance of the evidence, § 39.507 . . .
. . . . § 39.507(l)(b), Fla. Stat.; M.N. v. . . .
. . . dismiss because the state failed to hold a dependency trial within thirty days as provided in section 39.507 . . . proceedings under the Jimmy Ryce Act was mandatory, should apply to the time limitation in section 39.507 . . . The father maintains the time limitation in section 39.507(l)(a) should be interpreted as a mandatory . . . Thus, the court held the time limitation in section 39.507(l)(a) was not a jurisdictional speedy trial . . . Relying upon this rationale, the father maintains the thirty-day time period under section 39.507(l)( . . .
. . . dependency statute authorizes an adjudication of dependency based on a preponderance of the evidence, see § 39.507 . . .
. . . See § 39.507(l)(b), Florida Statutes (2001); M.J.S. v. . . .
. . . . § 39.507. . . . Id. §§ 39.507(7); 39.521(1). . . .
. . . See §§ 39.507 (dependency adjudicatory hearings), 39.809 (termination of parental rights adjudicatory . . .
. . . . § 39.507(b), Fla. Stat. (2001); In the Interest of M.F., 770 So.2d 1189, 1192 (Fla.2000). . . .
. . . . § 39.507(l)(b), Fla. St.at. (2001). . . .
. . . parents renewed their motion to dismiss, asserting that the language contained in sections 39.506(1) and 39.507 . . . Section 39.507(l)(a), Florida Statutes states: The adjudicatory hearing shall be held as soon as practicable . . . court has recently rejected the contention that the time periods contained in sections 39.506(1) and 39.507 . . .
. . . Section 39.507(6) of the Florida Statutes (1999) requires the trial court to set forth written findings . . .
. . . . § 39.507 (2001). . . . Fla.Stat. §§ 39.507, 39.521, & 39.701(1); see also In the Interest of L.W., 615 So.2d at 838 (“In [dependency . . .
. . . E.M.A., 795 So.2d at 185; § 39.507(1)(b), Fla. Stat. (1999). . . . An adjudicatory hearing was held in mid-July 2000 in accordance with section 39.507, Florida Statutes . . .
. . . the trial court, on remand, to revise its written order to adjudicate dependency pursuant to section 39.507 . . . A series of adjudicatory hearings occurred from March 1999 to June 1999. § 39.507, Fla. . . . sufficient to demonstrate a state of dependency must be shown by a preponderance of the evidence. § 39.507 . . . Department concedes that this ruling cannot be reconciled with section 39.507(5), Florida Statutes (1999 . . . ); K.S., 760 So.2d at 1068 (trial court failed to comply with § 39.507(5) when it withheld adjudication . . .
. . . . § 39.507(1)(b), Fla. Stat. (1998); see M.R. v. . . .
. . . Section 39.507(5), Florida Statutes (2000), requires the court to enter an order briefly stating the . . .
. . . The statute has since been re-codified into section 39.507(2), Florida Statutes (2000). . . .
. . . Section 39.507(6) of the Florida Statutes (1999) requires the trial court to set forth findings of fact . . . which support the adjudication of dependency: 39.507 Adjudicatory hearings; orders of adjudication.— . . .
. . . .” § 39.507(2), Fla. Stat. (Supp.1998) (formerly section 39.408(2)(c)) (emphasis added). . . . Under section 39.507, Florida Statutes (1999), the adjudicatory hearing on a State’s petition for dependency . . . Section 39.507(2), Florida Statutes (1999), provides: (2) All hearings, except as provided in this section . . .
. . . Section 39.507(6), Florida Statutes (1999) requires the trial court to briefly state the facts upon which . . .
. . . Section 39.507(6), Florida Statutes (1999) requires that in adjudicating a child dependent, a trial judge . . .
. . . . § 39.507(l)(b), Fla. Stat. (Supp.1998). It is still the Department's burden to prove its case. . . .
. . . See §§ 39.01(14), 39.507(1)(b), Fla. Stat. (1999). . . . See § 39.507(1)(b), Fla. Stat. (1999). . . .
. . . As Section 39.507(5), Florida Statutes (1999) explains in pertinent part: If the court finds that the . . .
. . . Sections 39.507(5) & (6), Florida Statutes (1999), provide:. 39.507 Adjudicatory hearings; orders of . . . The mother correctly contends that the trial court’s order fails to comply with section 39.507(5) because . . . The trial court’s order is inconsistent with, or a hybrid of, sections 39.507(5) and (6). . . . . dependent and placing him in an out-of-home placement, in accordance with rule 8.325 and sections 39.507 . . .
. . . See §§ 39.01(14); 39.507(l)(b), Fla. Stat. (Supp.1998). . . .
. . . Section 39.507(l)(a), Florida Statutes (Supp.1998), requires that the adjudicatory hearing “shall be . . .