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Fla. R. Juv. P. 8.310

Dependency Petitions

activein force · 2026-01-01 – presentact-effective-date

(a) Contents.

(1) A dependency petition may be filed as provided by

law. Each petition shall be entitled a petition for dependency and

shall allege sufficient facts showing the child to be dependent based

upon applicable law.

(2) The petition shall contain allegations as to the

identity and residence of the parents or legal custodians, if known.

(3) The petition shall identify the age, sex, and name of

the child. Two or more children may be the subject of the same

petition.

(4) Two or more allegations of dependency may appear

in the same petition, in separate counts. The petition need not

contain allegations of acts or omissions by both parents.

(5) The petition must describe what voluntary services,

safety planning and/or dependency mediation the parents or legal

custodians were offered and the outcome of each.

(6) The petition shall identify each child who has a

special need requiring appointment of counsel as defined in section

39.01305, Florida Statutes.

(b) Verification. The petition shall be signed stating under

oath the signer’s good faith in filing the petition. No objection to a

petition on the grounds that it was not signed or verified, as herein

provided, shall be entertained after a plea to the merits.

(c) Amendments. At any time prior to 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 or plan has been filed, 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 may be granted on motion

and a showing that the amendment prejudices or materially affects

any party.

(d) Defects and Variances. No petition or any count thereof

shall be dismissed, or any judgment vacated, on account 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 child, parent, or legal custodian and

prejudice any of them in the preparation of a defense, the petitioner

may be required to furnish a more definite statement.

(e) Voluntary Dismissal. The petitioner without leave of the

court, at any time prior to entry of an order of adjudication, may

request a voluntary dismissal of the petition or any allegations of

the petition by serving a notice requesting dismissal on all parties,

or, if during a hearing, by so stating on the record. The petition or

any allegations in the petition shall be dismissed. If the petition is

dismissed, the court loses jurisdiction unless another party adopts

the petition within 72 hours.

History

Committee Notes 1991 Amendment. (c) The time limit for amending a petition has been extended to be consistent with civil pleading procedures. The best interest of the child requires liberal amendments. The procedures for determining if a party has been prejudiced have not been changed. (e) This section has been reworded to provide a procedure for notice to all parties before dismissal and to allow adoption of a petition by another party.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
e6525edf93e046e41a64f9deead4199a57e6098fe17233cfebb22661dbe0a5e4
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Fla. R. Juv. P. 8.310 — Dependency Petitions · binding.law