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30 verbatim requirements from admin. order AO 8.8 - Truancy Petitions (4/5/13) [Juvenile].
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/ao/ao_8_8.pdf, harvested 2026-07-25; whitespace normalised only. • Truancy Petitions authorized by Florida Statute § 984 .151 shall be filed by the • In accordance with Florida Statute§ 984.151(1), the Petition must allege sufficient facts demonstrating that the student is subject to compulsory school attendance and: • Accordingly, the Superintendent, or legal counsel representing the Superintendent, must file the petition and appear at all truancy proceedings. • In accordance with Florida Statute§ 984.151(5), the Trial Court is required to hear the • Petition within thirty (30) days.· Accordingly, an initial hearing shall be scheduled to take place within thirty (30) days of the filing of the Petition, and the Clerk shall issue a summons to the parent, guardian, or legal custodian of the student, as identified in the petition, directing that the parent, guardian, or legal custodian and the student appear for the hearing at the time and place specified. • At the initial hearing, the allegations of the Petition shall be read to the student and parent, guardian, or legal custodian. • If the student and parent, guardian, or legal custodian do not 2 .,.,-- 0 c:> .i;-· -- 2 of 14 -- contest the allegations of the Petition, the Trial Court may make findings of fact based upon such admissions and enter a final disposition order as provided for by subsection (7) of Florida Statute § 984.151, and as further described below in paragraph six. • If, at the initial hearing, the student and parent, guardian, or legal custodian elect to contest the allegations of the Petition, the matter shall be scheduled for an evidentiary hearing, at which time all parties will have the opportunity to present evidence and testimony as it relates to the allegations of truancy, after which the Trial Court will make a determination as to whether the student qualifies as truant or habitually truant. • If, at the initial hearing, based upon admissions of the student and parent, guardian, or legal custodian, or at a subsequent evidentiary hearing, the Trial Court determines that the student did, in fact, miss any of the alleged days, the Trial Court shall, as per Florida Statute § 984.151(7), order the student to attend school and the parent, guardian, or legal custodian to ensure that the student attends school. • If the Trial Court finds that Petitioner has failed to meet its burden of demonstrating that the student qualifies as truant, the Trial Court shall enter an order dismissing the petition. • The Second District Court of Appeal has opined in its Sockwell opinion that, in granting the Petition, the Trial Court's written order to attend school, as provided for in paragraph six above, is intended to be the final appealable order, and, therefore, the order shall be treated as such. • To the extent that the Trial Court's written order to attend school is to be treated as the final appealable order, follow-up review hearings for monitoring purposes shall not be automatically scheduled by the Trial Court. • Petitioner shall resort to the three options set forth below in paragraph 12. • Subsection (8) of Florida Statute§ 984.151 was included as part of the originally enacted 1999 law, Ch. 99-398, Laws of Florida, and explicitly provides that "[i]f the student does not successfully complete the sanctions ordered in subsection (7), the case shall be referred to the case staffing committee under s. 984.12 with a recommendation to file a child-in-need-of- services petition under s. 984.15." (emphasis added). • Subsection (9) of Florida Statute § 984.151 was added in 2000, Ch. 2000-235, Laws of Florida, and explicitly provides that "[t]he parent, guardian, or legal custodian and the student shall participate, as required by court order, in any sanctions or services required by the court under this section, and the court shall enforce such participation through its contempt power." (emphasis added). • Accordingly, it shall be the responsibility of Petitioner to monitor compliance by the student and parent, guardian, or legal custodian, and in the event of non-compliance with any portion of the Trial Court's order, the Petitioner may, if applicable: • Any motion for contempt shall be filed by the Superintendent as Petitioner, or by counsel representing the Superintendent as • Counsel for Petitioner shall appear at any contempt hearing, shall be responsible for prosecuting the charge of contempt, and shall be responsible for meeting • To the extent that this Administrative Order may be in conflict with any statute, law, or rule, the statute, law, or rule shall prevail. • The petition is legally sufficient in that it alleges either: the minor child has had at least 5 unexcused absences, or absences for which the reasons are unknown, within a calendar month; or the minor child has had at least] 0 unexcused absences, or absences for which the reasons are unlmown, within a 90-calendar-day period; or __ the minor child has had more than 15 unexcused absences within a 90-calendar-day period. • The minor child SHALL attend school each and every day and the Parent(s)/Legal Guardian(s) SHALL ensure that the minor child attends school each and every day. • The minor child shall have no unexcused tardies or absences. • Io addition the Court orders the following, if checked: __ a. the minor child shall attend alternative classes to be followed by mandatory community services hours for a period of up to 6 months, specifically:____________________ __ b. the minor child and Parent(s)/Legal Guardian(s) shall participate in homemaker or parent aide services, specifically:. _____________________________ __ c. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate in intensive crisis counseling, specifically:---------------------------- • ".m· -- 0 a .~- • Ct\" -- 7 of 14 -- __ d. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate in community mental health services, specifically:. _______________________ _ __e. the minor child and Parent(s)/Legal Guardian(s) shall participate in services provided by voluntary or community agencies, specifically: ________________________ __ f. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate in vocational, job training, or employment services, specifically:·----------~---------- • Stat. 984.151. , The petition is legally sufficient in that it alleges either: the minor child has had at least 5 unexcused absences, or absences for which the reasons are unknown, within a calendar month; or __ the minor child has had at leastlO unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period; or __ the minor child has had more than l 5 unexcused absences within a 90-calendar-day period. • In addition the Court orders the following, if checked: __ a. the minor child shall attend alternative classes to be followed by mandatory community services hours for a period of up to 6 months, specifically:. ____________________ __ b. the minor child and Parent(s)/Legal Guardian(s) shall participate in homemaker or parent aide services, specifically:----------------------------- __ c. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate Jn intensive crisis counseling, specifically:---------------------------- -- 9 of 14 -- __ d. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate in community mental health services, specifically: _______________________ _ __e. the minor child and Parent(s)/Legal Guardian(s) shall participate in services provided by voluntary or community agencies, specifically: ________________________ __ f. the __minor child and/or __Parent(s)/Legal Guardian (s) shall participate in vocational, job training, or employment services, specifically: _____________________ • ORDERED AND ADJUDGED that the Parent(s)/Legal Guardian(s) shall appear on 20____, at __:__ a.m./p.m., at ____~~---~~--~~~~~-~~~~---~----- for the purpose of showing cause as to why the Parent(s)/Legal Guardian(s) should not be held in contempt of court. • The Parent(s)/Legal Guardian(s) shall be arraigned at the hearing. • The Sheriff of this County shall serve this Order to Show Cause by delivering copies to the Parent(s)/Legal Guardian(s), with proofofSheriff's service. • Please contact , whose office is located at ---------------'and whose telephone number is ______ 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. • J!llj} •• 0
Truancy Petitions authorized by Florida Statute § 984 .151 shall be filed by the
Reviewer note: Order PDF sha256: 3e42f15457b83d90a37476945350b42ec83a016795e6ba43ee1a1b9f6a60eb2d. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.