Supreme Court of Florida ____________

No. SC21-627

____________

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE 

PROCEDURE.

October 14, 2021

PER CURIAM.

This matter is before the Court for consideration of proposed 

amendments to the Florida Rules of Juvenile Procedure. See Fla. R.

Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction.1

The Florida Bar’s Juvenile Court Rules Committee (Committee)

filed a report proposing amendments to Florida Rules of Juvenile 

Procedure 8.201 (Commencement of Proceedings), 8.203 

(Application of Uniform Child Custody Jurisdiction and 

Enforcement Act), 8.205 (Transfer of Cases), 8.217 (Attorney Ad 

Litem), 8.224 (Permanent Mailing Address), 8.226 (Determination of 

Parenthood), 8.231 (Providing Counsel to Dependent Children with 

1. See art. V, § 2(a), Fla. Const.
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Special Needs Who Have a Statutory Right to Counsel), 8.235 

(Motions), 8.240 (Computation, Continuance, Extension, and 

Enlargement of Time), 8.257 (General Magistrates), 8.260 (Orders), 

8.265 (Motion for Rehearing), 8.285 (Criminal Contempt), 8.286 

(Civil Contempt), 8.290 (Dependency Mediation), and 8.332 (Order 

Finding Dependency). The proposed amendments are primarily for 

clarity and consistency with In re Guidelines for Rules Submissions, 

AOSC06-14 (Fla. 2006).

The Committee and the Board of Governors of The Florida Bar

unanimously approved the proposed amendments. The Committee 

and the Court published the proposals for comment, and no 

comments were received following either publication.

Having considered the proposed amendments, the Court 

hereby amends the Florida Rules of Juvenile Procedure as proposed 

by the Committee.

Accordingly, the Florida Rules of Juvenile Procedure are 

amended as reflected in the appendix to this opinion. New 

language is indicated by underscoring; deletions are indicated by 

struck-through type. The amendments shall become effective 

January 1, 2022, at 12:01 a.m.
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It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, 

COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Candice K. Brower, Chair, Gainesville, Florida, Matthew Charles 

Wilson, Past Chair, Juvenile Court Rules Committee, Tallahassee, 

Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies 

Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner
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APPENDIX

RULE 8.201. COMMENCEMENT OF PROCEEDINGS

(a) [No Change]

(b) File to Be Opened. Upon commencement of any 

proceeding, the clerk shallmust open a file and assign a case 

number.

RULE 8.203. APPLICATION OF UNIFORM CHILD CUSTODY 

JURISDICTION AND ENFORCEMENT ACT

Any pleading filed commencing proceedings as set forth in rule 

8.201 shallmust be accompanied by an affidavit, to the extent of 

affiant’s personal knowledge, under the Uniform Child Custody 

Jurisdiction and Enforcement Act. Each party has a continuing 

duty to inform the court of any custody proceeding in this or any 

other state of which information is obtained during the proceeding.

RULE 8.205. TRANSFER OF CASES

(a) [No Change]

(b) Transfer of Cases Within the State of Florida. The 

court may transfer any case at any point during the proceeding 

after adjudication, when adjudication is withheld, or before 

adjudication where witnesses are available in another jurisdiction, 

to the circuit court for the county in which is located the domicile or 

usual residence of the child or such other circuit as the court may 

determine to be for the best interest of the child and to promote the 

efficient administration of justice. The transferring court shallmust

enter an order transferring its jurisdiction and certifying the case to 

the proper court, furnishing all parties, the clerk, and the attorney’s

office handling dependency matters for the state in the receiving 

court a copy of the order of transfer within 5 days. The clerk 
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shallmust also transmit a certified copy of the file to the receiving 

court within 5 days.

(c) [No Change]

Committee Notes

[No Change]

RULE 8.217. ATTORNEY AD LITEM

(a) - (b) [No Change]

(c) Duties and Responsibilities. The attorney ad litem 

shallmust be an attorney who has completed any additional 

requirements as provided by law. The attorney ad litem shall 

havehas the responsibilities provided by law.

(d) Service. An attorney ad litem shall beis entitled to 

receive and must provide service of pleadings and documents as 

provided by rule 8.225.

RULE 8.224. PERMANENT MAILING ADDRESS

(a) Designation. On the first appearance before the court, 

each party shallmust provide a permanent mailing address to the 

court. The court shallmust advise each party that this address will 

be used by the court, the petitioner, and other parties for notice 

unless and until the party notifies the court and the petitioner, in 

writing, of a new address.

(b) Effect of Filing. On the filing of a permanent address 

designation with the court, the party then has an affirmative duty 

to keep the court and the petitioner informed of any address 

change. Any address change must be filed with the court as an 

amendment to the permanent address designation within 10 

calendar days.
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(c) [No Change]

RULE 8.226. DETERMINATION OF PARENTHOOD

(a) [No Change]

(b) Appearance of Prospective Parent.

(1) If a prospective parent appears in the chapter 39, 

Florida Statutes, proceeding, the court shallmust advise the 

prospective parent of the right to become a parent in the proceeding 

by completing a sworn affidavit of parenthood and filing the affidavit 

with the court or the department. This subdivision shalldoes not 

apply if the court has identified both parents of the child as defined 

by law.

(2) If the prospective parent seeks to become a parent 

in the chapter 39, Florida Statutes, proceeding, the prospective 

parent shallmust complete a sworn affidavit of parenthood and file 

the affidavit with the court or the department. If a party objects to 

the entry of the finding that the prospective parent is a parent in 

the proceeding, or if the court on its own motion requires further 

proceedings to determine parenthood, the court shallmust not enter 

an order finding parenthood until proceedings under chapter 742, 

Florida Statutes, have been concluded. The prospective parent 

shallmust continue to receive notice of hearings as a participant 

pending the proceedings under chapter 742, Florida Statutes. If no 

other party objects and the court does not require further 

proceedings to determine parenthood, the court shallmust enter an 

order finding that the prospective parent is a parent in the 

proceeding.

(3) If the prospective parent is uncertain about 

parenthood and requests further proof of parenthood, or if there is 

more than one prospective parent for the same child, the juvenile 
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court may conduct proceedings under chapter 742, Florida 

Statutes, to determine parenthood. At the conclusion of the chapter 

742, Florida Statutes, proceedings, the court shallmust enter an 

order determining parenthood.

(4) [No Change]

(5) If the court has identified both parents of a child as 

defined by law, the court shallmust not recognize an alleged 

biological parent as a parent in the proceeding until a court enters 

an order pursuant to law establishing the alleged biological parent 

as a parent in the proceeding.

RULE 8.231. PROVIDING COUNSEL TO DEPENDENT 

CHILDREN WITH SPECIAL NEEDS WHO HAVE A 

STATUTORY RIGHT TO COUNSEL

(a) [No Change]

(b) Duty of Court. The court shallmust appoint an attorney 

to represent any child who has special needs as defined in section 

39.01305, Florida Statutes, and who is subject to any proceeding 

under Chapter 39, Florida Statutes.

(c) Duties of Attorney. The attorney shallmust provide the 

child the complete range of legal services, from the removal from the 

home or from the initial appointment through all available appellate 

proceedings. With permission of the court, the attorney may 

arrange for supplemental or separate counsel to represent the child 

in appellate proceedings.

RULE 8.235. MOTIONS

(a) Motions in General. An application to the court for an 

order shallmust be made by motion which shallmust be in writing 

unless made during a hearing; shallmust be signed by the party 
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making the motion or by the party’s attorney; shallmust state with 

particularity the grounds therefor; and shallmust set forth the relief 

or order sought. The requirement of writing is fulfilled if the motion 

is stated in a written notice of the hearing of the motion or in a 

written report to the court for a scheduled hearing provided the 

notice or report are served on the parties as required by law.

(b) [No Change]

(c) Sworn Motion to Dismiss. Before the adjudicatory 

hearing the court may entertain a motion to dismiss the petition or 

allegations in the petition on the ground that there are no material 

disputed facts and the undisputed facts do not establish a prima 

facie case of dependency. The facts on which such motion is based 

shallmust be specifically alleged and the motion sworn to by the 

party. The motion shallmust be filed a reasonable time before the 

date of the adjudicatory hearing. The opposing parties may traverse 

or demur to this motion. Factual matters alleged in itthe motion

shallmust be deemed admitted unless specifically denied by thean 

opposing party in a written traverse or demurrer. The motion 

shallmust be denied if thean opposing party files a written traverse 

that with specificity denies under oath the material fact or facts 

alleged in the motion to dismiss. The traverse or demurrer must be 

filed a reasonable period of time before the hearing on the motion to 

dismiss.

(d) [No Change]

Committee Notes

[No Change]

RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, 

AND ENLARGEMENT OF TIME

(a) Computation. Computation of time shall beis governed 
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by Florida Rule of Judicial Administration 2.514, except for rules 

8.300 and 8.305, to which rule 2.514(a)(2)(C) shalldoes not apply 

and the statutory time period shall governs.

(b) Enlargement of Time. When by these rules, by a notice 

given under them, or by order of court an act is required or allowed 

to be done at or within a specified time, the court for good cause 

shown, within the limits established by law, and subject to the 

provisions of subdivision (d) of this rule, may, at any time, in its 

discretion (1) with or without notice, order the period enlarged if a 

request is made before the expiration of the period originally 

prescribed or as extended by a previous order, or (2) on motion 

made and notice after the expiration of the specified period permit 

the act to be done when the failure to act was the result of 

excusable neglect. The court may not, except as provided by law or 

elsewhere in these rules, extend the time for making a motion for 

new trial, for rehearing, or vacation of judgment, or for taking an 

appeal. This rule shalldoes not be construed to apply to shelter 

hearings.

(c) Time for Service of Motions and Notice of Hearing. A 

copy of any written motion that may not be heard ex parte and a

copy of the notice of hearing shallmust be served a reasonable time 

before the time specified for the hearing.

(d) Continuances and Extensions of Time.

(1) A motion for continuance, extension, or waiver of 

the time standards provided by law and found in this rule 

shallmust be in writing and signed by the requesting party. On a 

showing of good cause, the court shallmust allow a motion for 

continuance or extension to be made ore tenus at any time during 

the proceedings.

(2) A motion for continuance, extension, or waiver of 
- 10 -

the time standards provided by law shallmust not be made in 

advance of the particular circumstance or need that would warrant 

delay of the proceedings.

(3) A motion for continuance, extension, or waiver of 

the time standards provided by law shallmust state all of the facts 

that the movant contends entitle the movant to a continuance, 

extension, or waiver of time including:

(A) - (C) [No Change]

(4) - (5) [No Change]

RULE 8.257. GENERAL MAGISTRATES

(a) Appointment. Judges of the circuit court may appoint as 

many general magistrates from among the members of The Florida 

Bar in the circuit as the judges find necessary, and the general 

magistrates shall continue in office until removed by the court. The 

order of appointment shallmust be recorded. Every person 

appointed as a general magistrate shallmust take the oath required 

of officers by the Constitution and the oath shallmust be recorded 

before the magistrate discharges any duties of that office.

(b) Referral.

(1) - (2) [No Change]

(3) Order.

(A) [No Change]

(B) The order of referral shallmust state with 

specificity the matter or matters being referred. The order of referral 

shallmust also state whether electronic recording or a court 

reporter is provided by the court.
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(4) [No Change]

(c) General Powers and Duties. Every general magistrate 

shallmust perform all of the duties that pertain to the office 

according to the practice in chancery and rules of court and under 

the direction of the court. A general magistrate shall be empowered 

to administer oaths and conduct hearings, which may include the 

taking of evidence. All grounds for disqualification of a judge shall 

apply to general magistrates.

(d) Hearings.

(1) The general magistrate shallmust assign a time and 

place for proceedings as soon as reasonably possible after the 

referral is made and give notice to each of the parties either directly 

or by directing counsel to file and serve a notice of hearing. If any 

party fails to appear, the general magistrate may proceed ex parte 

or may adjourn the proceeding to a future day, giving notice of the 

adjournment to the absent party. The general magistrate shallmust

proceed with reasonable diligence in every referral and with the 

least delay practicable. Any party may apply to the court for an 

order to the general magistrate to speed the proceedings and to 

make the report and to certify to the court the reason for any delay.

(2) The general magistrate shallmust take testimony 

and establish a record which may be by electronic means as 

provided by Florida Rule of Judicial Administration 2.535(g)(3) or by

a court reporter. The parties may not waive this requirement.

(3) [No Change]

(4) The notice or order setting a matter for hearing 

shallmust state whether electronic recording or a court reporter is 

provided by the court. If the court provides electronic recording, the 

notice shallmust also state that any party may provide a court 

reporter at that party’s expense, subject to the court’s approval.

(e) Report.
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(1) The general magistrate shallmust file a report that 

includes findings of fact, conclusions of law, and recommendations 

and serve copies on all parties. If a court reporter was present, the 

report shallmust contain the name and address of the reporter.

(2) The report and recommendations shallmust contain 

the following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE 

REPORT AND RECOMMENDATIONS MADE BY THE 

GENERAL MAGISTRATE, YOU MUST FILE 

EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE 

REPORT AND RECOMMENDATIONS IN ACCORDANCE 

WITH FLORIDA RULE OF JUVENILE PROCEDURE 

8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE 

COURT WITH A RECORD SUFFICIENT TO SUPPORT 

YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF 

THE REPORT AND RECOMMENDATIONS OR YOUR 

EXCEPTIONS WILL BE DENIED. A RECORD 

ORDINARILY INCLUDES A TRANSCRIPT OF 

PROCEEDINGS, ELECTRONIC RECORDING OF 

PROCEEDINGS, OR STIPULATION BY THE PARTIES 

OF THE EVIDENCE CONSIDERED BY THE GENERAL 

MAGISTRATE AT THE PROCEEDINGS. THE PERSON 

SEEKING REVIEW MUST HAVE THE TRANSCRIPT 

PREPARED FOR THE COURT’S REVIEW.

(f) Exceptions. The parties may file exceptions to the report 

within 10 days from the time it is served on them. Any party may 

file cross-exceptions within 5 days from the service of the 

exceptions. However, the filing of cross-exceptions shallmust not 

delay the hearing on the exceptions unless good cause is shown. If 

no exceptions are filed within that period, the court shallmust take 

appropriate action on the report. If exceptions are filed, they 

shallmust be heard on reasonable notice by either party or the 

court.
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(g) Record.

(1) For the purpose of the hearing on exceptions, a 

record, substantially in conformity with this rule, shallmust be 

provided to the court by the party seeking review. The record shall 

consist of:

(A) - (C) [No Change]

(2) The transcript of the proceedings, electronic 

recording of the proceedings, or stipulation by the parties of the 

evidence considered by the general magistrate at the proceedings, if 

any, shallmust be delivered to the judge and provided to all other 

parties not less than 48 hours before the hearing on exceptions.

(3) If less than a full transcript or electronic recording 

of the proceedings taken before the general magistrate is ordered 

prepared by the excepting party, that party shallmust promptly file 

a notice setting forth the portions of the transcript or electronic 

recording that have been ordered. The responding party shallmust

be permitted to designate any additional portions of the transcript 

or electronic recording necessary to the adjudication of the issues 

raised in the exceptions or cross-exceptions.

(4) [No Change]

(h) Prohibition on Magistrate Presiding over Certain 

Hearings. Notwithstanding the provisions of this rule, a general 

magistrate shallmust not preside over a shelter hearing under 

section 39.402, Florida Statutes, an adjudicatory hearing under 

section 39.507, Florida Statutes, or an adjudicatory hearing under 

section 39.507, Florida Statutes, or an adjudicatory hearing under 

section 39.809, Florida Statutes.

RULE 8.260. ORDERS

(a) General Requirements. All orders of the court must be 
- 14 -

reduced to writing as soon as possible after they are entered, as is 

consistent with orderly procedure, and must contain specific 

findings of fact and conclusions of law, and must be signed by the 

judge as provided by law.

(b) Transmittal to Parties. A copy of all orders must be 

transmitted to all parties either by the court or under its direction

to all parties, at the time of entrythe rendition of the order.

(c) Other Options. The court may require:

(1) that orders be prepared by a party;

(2) that the party serve the order; and

(3) [No Change]

(d) Precedence of Orders. Orders of the circuit court 

hearing dependency mattersDependency orders must be filed in any 

dissolution or other custody action or proceeding involving the 

same child or children. These orders must take precedence over 

other orders affecting the placement of, access to, parental time 

with, adoption of, or parental rights and responsibilities for the 

same minor child or children, unless the jurisdiction of the 

dependency court has been terminated. These orders may be filed 

under seal and need not be open to inspection by the public.

RULE 8.265. MOTION FOR REHEARING

(a) Basis. After the court has entered an order, any party 

may move for rehearing upon one or more of the following grounds:

(1) That the court erred in the decision of any matter of 

law arising during the hearing.;

(2) That a party did not receive a fair and impartial 

hearing.;
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(3) That any party required to be present at the hearing 

was not present.;

(4) That there exists new and material evidence, which, 

if introduced at the hearing, would probably have changed the 

court’s decision and could not, with reasonable diligence, have been 

discovered before and produced at the hearing.;

(5) That the court is without jurisdiction of the 

proceeding.; or

(6) That the judgment is contrary to the law and 

evidence.

(b) Time and Method.

(1) A motion for rehearing may be made and ruled 

upon immediately after the court announces its judgment but must 

be made within 10 days of the entryrendition of the order.

(2) - (3) [No Change]

(c) Court Action.

(1) A rehearing may be granted to all or any of the 

parties on all or any part of the issues. All orders granting a 

rehearing shallmust state the specific issues to be reheard and 

provide for a date and time for the rehearing.

(2) If the motion for rehearing is granted, the court may 

vacate or modify the order or any part of it and allow additional 

proceedings as it deems just. It may enter a new judgment, and 

may order or continue the child in a shelter or out-of-home 

placement pending further proceedings.

(3) [No Change]
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RULE 8.285. CRIMINAL CONTEMPT

(a) Direct Contempt. A contempt may be punished 

summarily if the court saw or heard the conduct constituting the 

contempt committed in the actual presence of the court. The 

judgment of guilt of contempt shallmust include a recital of those 

facts upon which the adjudication of guilt is based. Prior to the 

adjudication of guilt the court shallmust inform the person accused 

of the accusation and inquire as to whether there is any cause to 

show why he or she should not be adjudged guilty of contempt by 

the court and sentenced. The accused shallmust be given the 

opportunity to present evidence of excusing or mitigating 

circumstances. The judgment shallmust be signed by the court and 

entered of record. Sentence shallmust be pronounced in open court.

(b) Indirect Contempt. An indirect contempt shallmust be 

prosecuted in the following manner:

(1) Order to Show Cause. The court on its own motion 

or upon affidavit of any person having knowledge of the facts may 

issue and sign an order directed to the one accused of contempt, 

stating the essential facts constituting the contempt charged and 

requiring the accused to appear before the court to show cause why 

he or she should not be held in contempt of court. The order 

shallmust specify the time and place of the hearing, with a 

reasonable time allowed for the preparation of a defense after 

service of the order on the one accused. It shallmust be served in 

the same manner as a summons. Nothing herein shall be construed 

to prevent the one accused of contempt from waiving the service of 

process.

(2) Motions; Answer. The accused, personally or by 

counsel, may move to dismiss the order to show cause, move for a 

statement of particulars, or answer such order by way of 

explanation or defense. All motions and the answer shallmust be in 
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writing unless specified otherwise by the court. The accused’s 

omission to file a motion or answer shallwill not be deemed an 

admission of guilt of the contempt charged.

(3) Order of Arrest; Bail. The court may issue an order 

of arrest of the one accused of contempt if the court has reason to 

believe the accused will not appear in response to the order to show 

cause. The accused shall beis entitled to bail in the manner 

provided by law in criminal cases.

(4) Arraignment; Hearing. The accused may be 

arraigned at the hearing, or prior thereto upon request. A hearing to 

determine the guilt or innocence of the accused shallmust follow a 

plea of not guilty. The court may conduct a hearing without 

assistance of counsel or may be assisted by the state attorney or by 

an attorney appointed for the purpose. The accused is entitled to be 

represented by counsel, have compulsory process for the 

attendance of witnesses, and may testify in his or her own defense. 

All issues of law and fact shallmust be determined by the court.

(5) Disqualification of the Judge. If the contempt 

charged involves disrespect to or criticism of a judge, the judge 

shallmust be disqualified by the chief judge of the circuit.

(6) Verdict; Judgment. At the conclusion of the hearing 

the court shallmust sign and enter of record a judgment of guilty or 

not guilty. There should be included in a judgment of guilty a recital 

of the facts constituting the contempt of which the accused has 

been found and adjudicated guilty.

(7) Sentence. Prior to the pronouncement of sentence 

the court shallmust inform the accused of the accusation and 

judgment against him or her and inquire as to whether there is any 

cause to show why sentence should not be pronounced. The 

accused shallmust be afforded the opportunity to present evidence 
- 18 -

of mitigating circumstances. The sentence shallmust be pronounced 

in open court and in the presence of the one found guilty of 

contempt.

RULE 8.286. CIVIL CONTEMPT

(a) - (b) [No Change]

(c) Hearing. In any civil contempt hearing, after the court 

makes an express finding that the alleged contemnor had notice of 

the motion and hearing:

(1) The court shallmust determine whether the movant 

has established that a prior order was entered and that the alleged 

contemnor has failed to comply with all or part of the prior order.

(2) If the court finds the movant has established all of 

the requirements in subdivision (c)(1) of this rule, the court must,:

(A) - (B) [No Change]

The court may issue a writ of bodily attachment and direct that, 

upon execution of the writ of bodily attachment, the alleged 

contemnor be brought before the court within 48 hours for a 

hearing on whether the alleged contemnor has the present ability to 

comply with the prior court order and, if so, whether the failure to 

comply is willful.

(d) - (g) [No Change]

RULE 8.290. DEPENDENCY MEDIATION

(a) - (b) [No Change]

(c) Compliance with Statutory Time Requirements.

Dependency mediation shallmust be conducted in compliance with 

the statutory time requirements for dependency matters.
- 19 -

(d) Referral. Except as provided by this rule, all matters and 

issues described in subdivision (a)(1) may be referred to mediation. 

All referrals to mediation shallmust be in written form, shall advise 

the parties of their right to counsel, and shall set a date for hearing 

before the court to review the progress of the mediation. The 

mediator or mediation program shallmust be appointed by the court 

or stipulated to by the parties. If the court refers the matter to 

mediation, the mediation order shallmust address all applicable 

provisions of this rule. The mediation order shallmust be served on 

all parties and on counsel under the provisions of the Florida Rules 

of Juvenile Procedurethese rules.

(e) Appointment of the Mediator.

(1) Court Appointment. The court, in the order of 

referral to mediation, shallmust appoint a certified dependency 

mediator selected by rotation or by such other procedures as may 

be adopted by administrative order of the chief judge in the circuit 

in which the action is pending.

(2) [No Change]

(f) Fees. Dependency mediation referrals may be made to a 

mediator or mediation program that charges a fee. Any order of 

referral to a mediator or mediation program charging a fee 

shallmust advise the parties that they may timely object to 

mediation on grounds of financial hardship. On the objection of a 

party or the court’s own motion, the court may, after considering 

the objecting party’s ability to pay and any other pertinent 

information, reduce or eliminate the fee.

(g) Objection to Mediation. Within 10 days of the filing of 

the order of referral to mediation, any party or participant ordered 

to mediation may make a written objection to the court about the 

order of referral if good cause for such objection exists. If a party 
- 20 -

objects, mediation shallmust not be conducted until the court rules 

on the objection.

(h) Scheduling. The mediation conference may be held at 

any stage of the proceedings. Unless otherwise scheduled by the 

court, the mediator or the mediation program shallmust schedule 

the mediation conference.

(i) Disqualification of the Mediator. Any party may move 

to enter an order disqualifying a mediator for good cause. If the 

court rules that a mediator is disqualified from mediating a case, an 

order shallmust be entered with the name of a qualified 

replacement. Nothing in this provision shall precludes mediators 

from disqualifying themselves or refusing any assignment.

(j) Substitute Mediator. If a mediator agreed upon by the 

parties or appointed by a court cannot serve, a substitute mediator 

can be agreed upon or appointed in the same manner as the 

original mediator. A mediator shallmust not mediate a case 

assigned to another mediator without the agreement of the parties 

or approval of the court. A substitute mediator shallmust have the 

same qualifications as the original mediator.

(k) Discovery. Unless stipulated by the parties or ordered by 

the court, the mediation process shallmust not suspend discovery.

(l) Appearances.

(1) Order Naming or Prohibiting Attendance of Parties.

The court shallmust enter an order naming the parties and the 

participants who must appear at the mediation and any parties or 

participants who are prohibited from attending the mediation. 

Additional participants may be included by court order or by 

mutual agreement of all parties. 

(2) Physical Presence of Adult Parties and Participants.
- 21 -

Unless otherwise agreed to by the parties or ordered by the court, 

any party or participant ordered to mediation shallmust be 

physically present at the mediation conference. Persons 

representing an agency, department, or program must have full 

authority to enter into an agreement that shall beis binding on that 

agency, department, or program. In the discretion of the mediator, 

and with the agreement of the attending parties, dependency 

mediation may proceed in the absence of any party or participant 

ordered to mediation.

(3) [No Change]

(4) Appearance of Child. The court may prohibit the 

child from appearing at mediation upon determining that such 

appearance is not in the best interest of the child. No minor child 

shall beis required to appear at mediation unless the court has 

previously determined by written order that it is in the child’s best 

interest to be physically present. The court shallmust specify in the 

written order of referral to mediation any special protections 

necessary for the child’s appearance.

(5) [No Change]

(m) [No Change]

(n) Continuances. The mediator may end the mediation 

session at any time and may set new times for reconvening the 

mediation. No further notification shall beis required for parties or 

participants present at the mediation session.

(o) Report on Mediation.

(1) If agreement is reached on all or part of any matter 

or issue, including legal or factual issues to be determined by the 

court, the agreement shallmust be immediately reduced to writing, 

signed by the attending parties, and promptly submitted to the 
- 22 -

court by the mediator with copies to all parties and counsel.

(2) If the parties do not reach an agreement as to any 

matter as a result of mediation, the mediator shallmust report the 

lack of an agreement to the court without comment or 

recommendation.

(p) Court Hearing and Order On Mediated Agreement. On 

receipt of a full or partial mediation agreement, the court shallmust

hold a hearing and enter an order accepting or rejecting the 

agreement consistent with the best interest of the child. The court 

may modify the terms of the agreement with the consent of all 

parties to the agreement.

(q) [No Change]

Committee Notes

[No Change]

RULE 8.332. ORDER FINDING DEPENDENCY

(a) [No Change]

(b) Adjudication of Dependency. 

(1) [No Change]

(2) If the court enters findings that only one parent 

contributed to the dependency status of the child but allegations of 

dependency remain unresolved as to the other parent, the court 

must enter a written order finding dependency based on the 

allegations of the dependency petition concerning the one parent. 

The court must then reserve ruling on findings regarding the other 

parent based on the unresolved allegations until the parent enters 

an admission or consent to the dependency petition, the court 

conducts an evidentiary hearing on the findingsallegations, the 

court proceeds as provided by law regarding a parent whose identity 
- 23 -

or location is unknown, or the issue is otherwise resolved.

(3) - (4) [No Change]

(c) - (e) [No Change]