Fla. R. Juv. P. 8.347

(a) Motion. After the court has entered an order of

adjudication of dependency, any party may file a motion for the

court to supplement the order of adjudication with findings that a

parent or legal custodian contributed to the dependency status of

the child under the statutory definition of a dependent child. The

motion may also request that the court supplement the disposition

order and the case plan.

(b) Contents. The motion must:

(1) identify the age, sex, and name of the children

whose parent or legal custodian is the subject of the motion;

(2) specifically identify the parent or legal custodian

who is the subject of the motion; and

(3) allege sufficient facts showing that a parent or legal

custodian contributed to the dependency status of the child under

the statutory definition of a dependent child.

(c) Verification. The motion must be signed under oath,

stating that the signer is filing the motion in good faith.

(d) Amendments. At any time before the conclusion of an

evidentiary hearing on the motion, an amended motion may be filed

or the motion may be amended by oral motion. A continuance may

be granted on motion and a showing that the amendment

prejudices or materially affects any party.

(e) Notice.

(1) In General. Parents or legal custodians who have

previously been properly served with the dependency petition or

who have previously appeared in the dependency proceeding must

be served with a notice of hearing and copies of the motion and the

initial order of adjudication of dependency in the same manner as

the service of documents that are filed after the service of the initial

dependency petition as provided in these rules. The notice must

require the person on whom it is served to appear for the

preliminary hearing on the motion at a time and place specified, not

less than 72 hours after service of the motion. The document

containing the notice to respond or appear must contain, in type at

least as large as the balance of the document, the following or

substantially similar language: “FAILURE TO APPEAR AT THE

PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR

CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED

TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE

STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY

ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR

CHILDREN).” If the hearing will be held through communication

technology, the notice must include instructions for appearing at

the hearing through communication technology.

(2) Summons.

(A) Parents or legal custodians who have not been

properly served with the dependency petition or who have not

previously appeared in the dependency proceeding must be properly

served with a summons and copies of the motion and the initial

order of adjudication of dependency. The summons must require

the person on whom it is served to appear for a preliminary hearing

on the motion at a time and place specified, not less than 72 hours

after service of the summons. The summons must contain, in type

at least as large as the balance of the document, the following or

substantially similar language: “FAILURE TO APPEAR AT THE

PRELIMINARY HEARING ON THE MOTION CONSTITUTES YOUR

CONSENT TO THE COURT’S FINDING THAT YOU CONTRIBUTED

TO THE DEPENDENCY STATUS OF THE CHILD UNDER THE

STATUTORY DEFINITION OF A DEPENDENT CHILD AND MAY

ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR

CHILDREN).” If the hearing will be held through communication

technology, the notice must include instructions for appearing at

the hearing through communication technology.

(B) On the filing of the motion and upon request,

the clerk must issue a summons.

(C) The movant is not required to serve a

summons on a parent or legal custodian who has previously been

properly served with the dependency petition or who has appeared

in the dependency proceeding.

(D) The summons must be served in the same

manner as service of a dependency petition as required by law.

(E) Service by publication of the motion is not

required.

(F) If the location of the party to be served is

unknown, the court may enter an order granting the motion only if

the movant has properly served the person subject to the motion,

the person subject to the motion has appeared in the proceeding, or

the movant has conducted a diligent search and filed with the court

an affidavit of diligent search.

(G) Appearance of any person in a hearing before

the court on the motion eliminates the requirement for serving

process on that person.

(H) A party may consent to service or summons by

e-mail by providing a primary e-mail address to the clerk of court.

(f) Preliminary Hearing on Motion.

(1) The court must conduct a preliminary hearing and

determine whether the parent or legal custodian who is the subject

of the motion:

(A) has been properly served with the summons or

notice, and with copies of the motion and initial order of

adjudication of dependency;

(B) is represented by counsel or is entitled to

appointed counsel as provided by law; and

(C) wishes to challenge the motion or consent to

the court granting the motion.

(2) If the parent or legal custodian who is the subject of

the motion wishes to challenge the motion, the court must schedule

an evidentiary hearing on the motion within 30 days.

(3) If the parent or legal custodian who is the subject of

the motion wishes to consent to the motion without admitting or

denying the allegations of the motion, the court must enter an order

supplementing the initial order of adjudication of dependency based

on the sworn allegations of the motion. Failure of the person

properly served with notice to appear at the preliminary hearing on

the motion constitutes the person’s consent to the court’s finding

that the person contributed to the dependency status of the child

under the statutory definition of a dependent child.

(g) Evidentiary Hearing.

(1) Hearing Procedures. The hearing must be conducted

in the same manner and with the same procedures as the

adjudicatory hearing on the dependency petition as provided in

these rules.

(2) Motion for Judgment Denying Motion. In all

proceedings, if at the close of the evidence for the movant, the court

is of the opinion that the evidence is insufficient to warrant findings

that a parent or legal custodian contributed to the dependency

status of the child under the statutory definition of a dependent

child, it may, and on the motion of any party must, enter an order

denying the motion for insufficiency of the evidence.

(3) Denial of Motion. If the court, at the conclusion of

the evidence, finds that the allegations in the motion have not been

sustained, the court must enter an order denying the motion.

(4) Granting of the Motion. If the court finds that the

movant has proven the allegations of the motion, the court must

enter an order granting the motion as provided in these rules.

(5) Failure to Appear. If a person appears for the

preliminary hearing on the motion and the court orders that person

to appear at the evidentiary hearing on the motion, stating the date,

time, and place of the evidentiary hearing, then that person’s failure

to appear for the scheduled evidentiary hearing constitutes consent

to the court’s finding that the person contributed to the dependency

status of the child under the statutory definition of a dependent

child.

(h) Supplemental Order of Adjudication.

(1) If the parent or legal custodian consents to the

motion and its allegations or if the court finds that the movant has

proven the allegations of the motion at an evidentiary hearing, the

court must enter a written order granting the motion and specifying

facts that support findings that a parent or legal custodian

contributed to the dependency status of the child under the

statutory definition of a dependent child and stating whether the

court made the finding by a preponderance of the evidence or by

clear and convincing evidence.

(2) If necessary, the court must schedule a

supplemental disposition hearing within 15 days.

(3) The court must advise the parent who is the subject

of the motion that if the parent fails to substantially comply with

the case plan, parental rights may be terminated.

(4) If the child is in out-of-home placement, the court

must inquire of the parents whether the parents have relatives who

might be considered as placement for the child. The parents must

provide to the court and to all parties the identity and location of

the relatives.

(i) Supplemental Disposition Hearing.

(1) Hearing. If necessary, the court must conduct a

supplemental disposition hearing under the same procedures for a

disposition hearing and case plan review hearing as provided by

law.

(2) Supplemental Reports and Case Plan.

(A) A written case plan and any reports required

by law prepared by an authorized agent of the department must be

filed with the court, served on the parents of the child, provided to

the representative of the guardian ad litem office, if the office has

been appointed, and provided to all other parties not less than 72

hours before the supplemental disposition hearing.

(B) The court may grant an exception to the

requirement for any reports required by law by separate order or

within the judge’s order of disposition upon a finding that all the

family and child information required by law is available in other

documents filed with the court.

(3) Supplemental Order of Disposition. The court must

in its written supplemental order of disposition include:

(A) the placement or custody of the child;

(B) special conditions of placement and visitation;

(C) evaluation, counseling, treatment activities,

and other actions to be taken by the parties, when ordered;

(D) the names of the supervising or monitoring

agencies, and the continuation or discharge of the guardian ad

litem, when appropriate;

(E) the date, time, and location for the next case

review as required by law;

(F) child support payments, if the child is in an

out-of-home placement;

(G) if the child is placed in foster care, the reasons

why the child was not placed in the legal custody of an adult

relative, legal custodian, or other adult approved by the court;

(H) approval of the case plan and any reports

required by law or direction to amend the case plan within 30 days;

and

(I) such other requirements as are deemed

necessary to protect the health, safety, and well-being of the child.