FORM 8.965. ARRAIGNMENT ORDER

FORM 8.965. ARRAIGNMENT ORDER

ORDER ON ARRAIGNMENT AND

NOTICE OF NEXT HEARING THIS CAUSE came to be heard on .....(date)....., under chapter 39, Florida Statutes, on the Petition For Dependency filed by .....(name)....., for arraignment of .....(name(s))...... The following persons appeared before the Court:

….. ….. (Name)….., Petitioner ….. ….. (Name)….., Attorney for the petitioner ….. ….. (Name)….., Attorney for the department ….. ….. (Name)….., Department caseworker ….. ….. (Name)….., Mother ….. ….. (Name)….., Attorney for the mother ….. ….. (Name)….., Father of …..(child)….. ….. ….. (Name)….., Attorney for father ….. ….. (Name)….., Guardian ad litem ….. ….. (Name)….., Attorney for guardian ad litem ….. ….. (Name)….., Attorney/Attorneys for …..Child/Children….. ….. ….. (Name)….., Legal custodian ….. ….. (Name)….., Attorney for legal custodian ….. ….. (Name)….., Other ………..

COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.

The court having considered the Petition for Dependency and having heard testimony and argument, and having been otherwise duly advised in the premises finds:

1. This court has jurisdiction over the subject matter of this action; and

2. The mother, …… (name)…..:

….. was …..not noticed of this hearing

…..did not appear, and the court:

….. entered a consent by default

…… did not enter a consent by default;

….. appeared with counsel….. appeared without counsel and:

….. was….. was not advised of her right to legal counsel;

knowingly, intelligently, and voluntarily, …..waived ……did not waive her

right to legal counsel; and

……was ….. was not determined to qualify as indigent and….. was ….. was not

appointed an attorney.

..... was served with a petition for dependency, and entered a plea of: ..... Admit, ..... Deny, ..... Consent, ..... No Plea, ..... Continuance

..... The Petitioner:

….. will continue a diligent search and will attempt service.

..... has conducted an adequate diligent search and is excused from further diligent search and further attempts at service.

3. The father, .....(name).....:

..... was ..... was not noticed of this hearing;

..... did not appear, and the court:

..... entered a consent by default

..... did not enter a consent by default;

….. appeared with counsel….. appeared without counsel and:

….. was….. was not advised of his right to legal counsel;

….. knowingly, intelligently, and voluntarily, …..waived ……did not waive his

right to legal counsel; and

……was ….. was not determined to qualify as indigent and….. was ….. was not

appointed an attorney...... was served with a petition for dependency, and entered a plea of: ..... Admit, ..... Deny, ..... Consent, ..... No Plea, ..... Continuance

..... The Petitioner:

..... will continue a diligent search and will attempt service.

..... has conducted an adequate diligent search and is excused from further diligent search and further attempts at service.

4. That the child(ren)’s current placement in shelter care:

..... is no longer appropriate, and the child(ren) shall be returned to ……….

..... is appropriate, in that the child(ren) is/are in a setting which is as family-like as possible, consistent with the child(ren)’s best interest and special needs; and, that returning the child(ren) to the home would be contrary to the best interest of the minor child(ren); and, that every reasonable effort has been made to eliminate the need for placement of the child(ren) in shelter care, but present circumstances of the child(ren) and the family are such that shelter care is the only way to ensure the child(ren)’s health, safety, and well-being.

5. Additional findings: ……….

THEREFORE, based on the foregoing findings of fact, it is hereby ORDERED and ADJUDGED that:

1. The minor child(ren) shall:

..... be ..... returned to ..... remain in the care and custody of .....(name)......

..... remain in the care and custody of the department in shelter care pending adjudication and disposition or until further order of this court.

2. The child(ren): ..... is/are ..... is/are not adjudicated dependent at this hearing.

3. ..... Mediation ..... A case planning conference is/are ordered at this time and shall be conducted on .....(date)......, at

.......... a.m./p.m., at .....(location)...... All parties, unless otherwise specified, shall attend.

4. As to the mother, .....(name)....., the court:

Accepts the plea of: ..... Admit, ..... Deny, ..... Consent, ..... Continuance.

.....Appoints ..... Does not appoint an attorney.

Sets a hearing for ..... re-arraignment ...... adjudicatory trial ..... disposition and case plan hearing ..... trial status on .....(date)..... at ..... a.m./p.m.

5. As to the father, .....(name)....., the court:

Accepts the plea of: ..... Admit, ..... Deny, ..... Consent, ..... Continuance.

..... Appoints ..... Does not appoint an attorney.

Sets a hearing for ..... re-arraignment ...... adjudicatory trial ..... disposition and case plan hearing ..... trial status on .....(date)..... at ..... a.m./p.m.

6. All prior orders not inconsistent with the present order shall remain in full force and effect.

DONE AND ORDERED on .....(date)......

Circuit Judge

NOTICE OF HEARING

The Juvenile Court hereby gives notice of hearing in the above-styled cause on .....(date)..... at .......... a.m./p.m., before .....(judge)....., at .....(location)..... or as soon thereafter as counsel can be heard.

COMMENT: The following paragraph must be in bold, 14 pt. Times New Roman or Courier font.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact .....(name, address, and telephone number)..... at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 711.

PLEASE BE GOVERNED ACCORDINGLY.

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