Petition for a child in need of services.

(1) All proceedings seeking an adjudication that a child is a child in need of services shall be initiated by the filing of a petition by an attorney representing the department or by the child’s parent, legal guardian, or custodian.

(2)(a) The department shall file a petition for a child in need of services if the child meets the definition of a child in need of services, and the case staffing committee recommends that a petition be filed and:

1. The family and child have in good faith, but unsuccessfully, used the services and process described in ss. 984.11 and 984.12; or

2. The family or child have refused services described in ss. 984.11 and 984.12 after reasonable efforts by the department to involve the family and child in voluntary family services.

(b) Once the requirements in paragraph (a) have been met, the department shall file a petition for a child in need of services as soon as practicable.

(c) The petition shall be in writing, shall state the specific grounds by which the child is designated a child in need of services, and shall certify that the conditions prescribed in paragraph (a) have been met. The petition shall be signed by the petitioner under oath stating good faith in filing the petition and shall be signed by an attorney for the department.

(3)(a) The parent, legal guardian, or custodian may file a petition alleging that a child is a child in need of services if:

1. The department waives the requirement for a case staffing committee.

2. The department fails to convene a meeting of the case staffing committee within 7 days, excluding weekends and legal holidays, after receiving a written request for such a meeting from the child’s parent, legal guardian, or custodian.

3. The parent, legal guardian, or custodian does not agree with the plan for services offered by the case staffing committee.

4. The department fails to provide a written report within 7 days after the case staffing committee meets, as required under s. 984.12(10).

(b) The parent, legal guardian, or custodian must give the department prior written notice of intent to file the petition. If, at the arraignment hearing, the court finds that such written notice of intent to file the petition was not provided to the department, the court shall dismiss the petition, postpone the hearing until such written notice is given, or, if the department agrees, proceed with the arraignment hearing. The petition must be served on the department’s office of general counsel.

(c) The petition must be in writing and must set forth specific facts alleging that the child is a child in need of services. The petition must also demonstrate that the parent, legal guardian, or custodian has in good faith, but unsuccessfully, participated in the services and processes described in ss. 984.11 and 984.12.

(4) The petition must be signed by the petitioner under oath.

(5) The court, on its own motion or the motion of any party or the department, shall determine the legal sufficiency of a petition filed under this subsection and may dismiss any petition that lacks sufficient grounds. In addition, the court shall verify that the child is not:

(a) The subject of a pending investigation into an allegation or suspicion of abuse, neglect, or abandonment;

(b) The subject of a pending petition alleging that the child is delinquent; or

(c) Under the current supervision of the department or the Department of Children and Families for an adjudication or withholding of adjudication of delinquency or dependency.

(6) The form of the petition and any additional contents shall be determined by rules of procedure adopted by the Supreme Court.

(7) The petitioner may withdraw a petition at any time before the child is adjudicated a child in need of services.