The Florida Senate

39.404  Petition for dependency.--

(1)  All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(2)  The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.

(3)

(a)  The petition shall be in writing, shall identify and list all parents, if known, and all current custodians of the child, and shall be signed by the petitioner under oath stating the petitioner's good faith in filing the petition. When the petition is filed by the department, it shall be signed by an attorney for the department.

(b)  The form of the petition and its contents shall be determined by rules of procedure adopted by the Supreme Court.

(c)  The petition must specifically set forth the acts or omissions upon which the petition is based and the identity of the person or persons alleged to have committed the acts or omissions, if known. The petition need not contain allegations of acts or omissions by both parents.

(d)  The petitioner must state in the petition, if known, whether:

1.  A parent, legal custodian, or person responsible for the child's welfare named in the petition has unsuccessfully participated in voluntary services offered by the department;

2.  A parent, legal custodian, or person responsible for the child's welfare named in the petition has participated in mediation and whether a mediation agreement exists;

3.  A parent, legal custodian, or person responsible for the child's welfare has rejected the voluntary services offered by the department; or

4.  The department has determined that voluntary services are not appropriate for this family and the reasons for such determination.

(4)  When the child has been taken into custody, a petition alleging dependency must be filed within 7 days after the date the child is taken into custody. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation under s. 39.403.

(5)  A petition for termination of parental rights under s. 39.464 may be filed at any time.

History.--s. 20, ch. 78-414; s. 7, ch. 84-311; s. 1, ch. 85-338; s. 7, ch. 87-289; s. 14, ch. 88-337; s. 6, ch. 90-306; s. 5, ch. 92-170; s. 8, ch. 94-164.