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ITEM 14G | APPEALING ORDERS IN DEPENDENCY PROCEEDINGS

In dependency proceedings, a parent can generally file a notice of appeal from orders of adjudication of dependency or orders of disposition of dependency. The order of adjudication is entered after an evidentiary hearing at which the petitioner (Department of Children and Families, or other petitioner) has the burden to prove the child is “dependent.” For a trial court to adjudicate a child dependent, the petitioner must prove by a preponderance of the evidence that the child (1) has “been abandoned, abused, or neglected by the child’s parent,” or (2) is “at substantial risk of imminent abuse, abandonment, or neglect by the parent.” An order of disposition is entered after a child has been adjudicated dependent. The order of adjudication of dependency and the order of disposition are considered “final orders” for appeal purposes. Another common order appealed is an order that places the child outside the custody of the parent, and terminates the Department’s protective supervision in the case.

Appeals from final dependency orders must be filed in accordance with the Florida Rules of Appellate Procedure, especially Rule 9.146. To be timely, an appeal notice must be filed within 30 days after rendition of either the order adjudicating a child dependent or 30 days after rendition of the disposition order following the dependency adjudication. The safest thing to do to preserve the right to appeal is to file an original and one copy of the notice of appeal, both with copies of the appealed-from order attached, in the clerk’s office of the trial court within 30 days of rendition of the dependency order and not to wait for the disposition order.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 14G from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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