Rule 8.005. ORDERING CHILDREN INTO CUSTODY

RULE 8.005. ORDERING CHILDREN INTO CUSTODY

If a verified petition has been filed, or if, prior to the filing of a

petition, an affidavit or sworn testimony is presented to the court,

either of which alleges facts which under existing law are sufficient

to authorize that a child be taken into custody, the court may issue

an order to a person, authorized to do so, directing that the child be

taken into custody.

(a)

Requirements of Order. The order shall:

(1)

be in writing;

January 1, 2026

Florida Rules of Juvenile Procedure

Page 23 of 469

(2)

specify the name and address of the child or, if

unknown, designate the child by any name or description by which

the child can be identified with reasonable certainty;

(3)

specify the age and sex of the child or, if the child’s

age is unknown, that he or she is believed to be of an age subject to

the jurisdiction of the circuit court as a juvenile case;

(4)

state the reasons why the child is being taken into

custody;

(5)

order that the child be brought immediately before

the court or be taken to a place of detention designated by the court

to be detained pending a detention hearing;

(6)

state the date when issued and the county and

court where issued; and

(7)

be signed by the court with the title of office, or may

be electronically signed if the custody order bears the affiant’s

signature or electronic signature and is supported by an oath or

affirmation administered by the court or other person authorized by

law to administer oaths.

(b)

Prohibited Orders. The court shall not issue an order to

take into custody for a failure to appear for children in the care or

custody of the state unless the court has information that the child

willfully failed to appear.