Background
The Florida Bar’s Juvenile Court Rules Committee proposed two new Florida Rules of Juvenile Procedure forms addressing permanent commitment proceedings when both parents are deceased, or when one parent is deceased and the other cannot be located. The Supreme Court of Florida published the proposals for comment and received none.
Section 39.5035(1)(a)1., Florida Statutes, permits a petition for adjudication and permanent commitment when the child has not yet been adjudicated dependent and no legal custodian has been appointed through probate or guardianship. Section 39.5035(1)(b) permits a petition for permanent commitment when the parents die after the child has already been adjudicated dependent.
The Court’s Holding
The court adopted new Forms 8.9781 and 8.9782 as proposed by the Committee, subject to minor technical and grammatical changes. Form 8.9781 applies before an adjudication of dependency and requests both dependency adjudication and permanent commitment to the Department of Children and Families for subsequent adoption.
Form 8.9782 applies after a child has already been adjudicated dependent and requests permanent commitment to the Department for subsequent adoption. The amendments take effect January 1, 2027, at 12:01 a.m., and a motion for rehearing will not alter that effective date.
Key Takeaways
- New Form 8.9781 governs petitions filed before a child has been adjudicated dependent.
- New Form 8.9782 governs petitions filed after a dependency adjudication.
- Both forms address cases involving deceased parents, or one deceased parent and another parent who cannot be found after diligent search or inquiry, when no legal custodian has been appointed through probate or guardianship.
Why It Matters
The new forms provide standardized pleadings for distinct procedural stages of permanent commitment cases involving children whose parents are deceased or whose remaining parent cannot be located. They identify the factual allegations, supporting materials, requested relief, and service information contemplated for those proceedings.