Fl. R. Juv. P. form 8.961

As amended through November 4, 2024

Form 8.961 - SHELTER ORDER

ORDER FOR PLACEMENT IN SHELTER

THIS CAUSE came on to be heard under chapter 39, Florida Statutes, on the sworn AFFIDAVIT AND PETITION FOR PLACEMENT IN SHELTER CARE filed by .....(petitioner's name)....., on .....(date)......The following persons appeared before the court:

..... Petitioner ....

..... Petitioner's attorney ....

..... Mother .....

..... Father(s) ....

..... Legal custodian(s) ....

..... Guardian ad litem ....

..... GAL attorney ....

..... Attorney for the Child ....

..... 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.

and the Court having reviewed its file and having been otherwise duly advised in the premises finds as follows:

1. The minor child(ren), .........., was/were found within the jurisdiction of this court and is/are of an age subject to the jurisdiction of this court.

2.PLACEMENT IN SHELTER.

..... The minor child(ren) was/were placed in shelter on .....(date).....at .......... a.m./p.m. by .....(name)....., a duly authorized agent of the department.

..... The minor child(ren) need(s) to be placed in shelter at the request of the petitioner for the reasons stated in this order.

3.PARENTS/CUSTODIANS. The parents/custodians of the minor child(ren) are:

Name	Address
Mother: ..........	.............
Father of .....(child's name).....:
.............	.............
Other: .....(relationship and to which child).....
.............	.............

4.INABILITY TO NOTIFY AND/OR LOCATE PARENTS/CUSTODIANS. The petitioner has made a good faith effort to notify and/or locate, but was unable to notify and/or locate .....(name(s))....., a parent or legal custodian of the minor child(ren).

5.NOTIFICATION. Each parent/legal custodian not listed in #4 above was:

..... duly notified that the child(ren) was/were taken into custody;

..... duly notified to be present at this hearing;

..... served with a statement setting forth a summary of procedures involved in dependency cases;

..... advised of their right to counsel; and

..... was represented by counsel, .....(name).....

..... knowingly, voluntarily, and intelligently waived the right; or

..... the court declined to accept the waiver because ..........

..... requested appointment of counsel, but the court declined appointment because he/she did not qualify as indigent.

..... requested appointment of counsel and counsel was appointed.

6.PROBABLE CAUSE.

..... Based on the allegations in the Affidavit and Petition for Placement in Shelter, there is probable cause to believe that the child(ren) is/are dependent based on allegations of abuse, abandonment, or neglect or substantial risk of same.

..... A finding of probable cause cannot be made at this time and the court requires additional information to determine the risk to the child(ren). The following information must be provided to the court during the continuation of this hearing: .....(information to be provided)......This hearing is continued for 72 hours, until .....(date and time)......The children will remain in shelter care.

7.NEED FOR PLACEMENT. Placement of the child(ren) in shelter care is in the best interest of the child(ren). Continuation in the home is contrary to the welfare of the child(ren) because the home situation presents a substantial and immediate danger which cannot be mitigated by the provision of preventive services and placement is necessary to protect the child(ren) as shown by the following facts:

..... the child(ren) was/were abused, abandoned, or neglected, or is/are suffering from or in imminent danger of injury or illness as a result of abuse, abandonment, or neglect, specifically: ..........

..... the custodian has materially violated a condition of placement imposed by the court, specifically: ..........

..... the child(ren) has/have no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, specifically: ..........

8.REASONABLE EFFORTS.

..... Reasonable efforts to prevent or eliminate the need for removing the child(ren) from the home have been made by the department, which provided the following services to the family:

..... The following specific services, if available, could prevent or eliminate the need for removal or continued removal of the child from the home ..........

..... The date these services are expected to be available is ..........

..... The department is deemed to have made reasonable efforts to prevent or eliminate the need for removal from the home because:

..... The first contact with the department occurred during an emergency.

..... The appraisal of the home situation by the department indicates a substantial and immediate danger to the child(ren) which cannot be mitigated by the provision of preventive services.

..... The child(ren) cannot safely remain at home because no services exist that can ensure the safety of the child(ren). Services are not available because ..........

..... Even with appropriate services, the child(ren)'s safety cannot be ensured.

..... The department has made reasonable efforts to keep siblings together after the removal from the home. The reasonable efforts of the department were ..........

..... It is not in the best interest of each child that all the siblings be placed together in out-of-home care because ..........

9.RELATIVE PLACEMENT.

..... The court asked any parents present whether the parents have relatives that might be considered as a placement for the child(ren).

..... The court advised any parents present that the parents have a continuing duty to inform the department of any relative who should be considered for placement of the child.

..... By this order, the court notifies the relatives who are providing out-of-home care for the child(ren) of the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child(ren), if they so desire.

It is, therefore, ORDERED AND ADJUDGED, as follows:

.....

1. The child(ren) shall remain/be placed in the shelter custody of:

..... the department, with the department having the discretion to shelter the child(ren) with a relative or other responsible adult on completion of a positive homestudy, abuse registry, and criminal background checks. The department shall have placement and care responsibility while the child(ren) is/are under protective supervision in an out-of-home placement.

..... all the children shall be placed together in a foster home if available.

..... a foster home is not available for all the children because

..... placement of all the children in the same foster home is not in the best interest of the child(ren) .....(identify the child(ren))..... because ..........

..... Other: ..........

2. The child(ren) ..... may .....may not be returned to the parent/custodian without further order of this court.

3.

a.

The Guardian Ad Litem Program is appointed.

b. An attorney shall be appointed for ..........,

..... the child/children has/have special needs as defined in section 39.01305, Florida Statutes.

..... it is necessary.

4. The parents, within 28 days of the date of this order, shall provide to the department the information necessary to accurately calculate child support under section 61.30, Florida Statutes. The parents shall pay child support in accordance with Florida Statutes.

5. The legal custodian, or in the absence of the legal custodian, the department and its agents, are hereby authorized to provide consent for and to obtain ordinary and necessary medical and dental treatment and examination for the above child(ren) including blood testing deemed medically appropriate, and necessary preventive care, including ordinary immunizations and tuberculin testing.

6. Visitation with the child(ren) shall be as follows:

By the parents ..........

Between the sibling children ..........

Visitation or interaction between the children .....(identify child(ren)).....is not ordered as it will be contrary to the safety or well-being of .....(identify child(ren)) because ..........

7. The parents shall provide to the court and all parties identification and location information regarding potential relative placements.

8. The relatives who are providing out-of-home care for the child(ren) have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child(ren), if they so desire.

9.THE COURT ADVISED THE PARENTS:

A. TO TAKE ACTION TO COMPLY WITH THE CASE PLAN SO PERMANENCY WITH THE CHILD MAY OCCUR WITHIN THE SHORTEST PERIOD OF TIME POSSIBLE, BUT NO LATER THAN 1 YEAR AFTER REMOVAL OR ADJUDICATION OF THE CHILD.

B. TO STAY IN CONTACT WITH THEIR ATTORNEY AND THEIR CASE MANAGER AND PROVIDE UPDATED CONTACT INFORMATION IF THE PARENTS' PHONE NUMBER, ADDRESS, OR E-MAIL ADDRESS CHANGES.

C. TO NOTIFY THE PARTIES AND THE COURT OF BARRIERS TO COMPLETING CASE PLAN TASKS WITHIN A REASONABLE TIME AFTER DISCOVERING SUCH BARRIERS.

D. THAT IF THE PARENTS FAIL TO SUBSTANTIALLY COMPLY WITH THE CASE PLAN THEIR PARENTAL RIGHTS MAY BE TERMINATED AND THE CHILD(REN)'S OUT-OF-HOME PLACEMENT MAY BECOME PERMANENT.

10. Special conditions: ..........

11. This court retains jurisdiction over this matter to enter any other and further orders as may be deemed to be in the best interest and welfare of this/these child(ren).

12. If a Petition for Dependency is subsequently filed in this cause, the Arraignment Hearing is scheduled for .....(date)....., at .......... a.m./p.m. at .....(location of arraignment)...... The parents have a right to be represented by an attorney at the arraignment hearing and during the dependency proceedings.

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, 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.

ORDERED in ..........County, Florida on .....(date)....., at ..........a.m./p.m.

_________________

Circuit Judge

Fl. R. Juv. P. form 8.961

Amended effective 7/1/2023; amended by 286 So. 3d 82, effective 11/27/2019; amended by 191 So.3d 257, effective 1/21/2016; amended by 115 So.3d 286, effective 7/1/2013; amended by 22 So.3d 9, effective 10/1/2009; amended by 951 So.2d 804, effective 2/8/2007; amended by 783 So.2d 138, effective 1/1/2001; amended by 725 So.2d 296, effective 10/1/1998; amended by 684 So.2d 756, effective 1/1/1997; amended by 649 So.2d 1370, effective 1/26/1995; added by 589 So.2d 818, effective 7/1/1991.