Rule 8.015. ARRAIGNMENT OF DETAINED CHILD

RULE 8.015. ARRAIGNMENT OF DETAINED CHILD

(a)

When Required. If a petition for delinquency is filed and

the child is being detained, whether in secure, nonsecure, or home

detention, the child shall be given a copy of the petition and shall be

arraigned within 48 hours of the filing of the petition, excluding

Saturdays, Sundays, or legal holidays.

(b)

Notice.

(1)

Personal appearance either by physical presence or

audio-video communication technology of any person in a hearing

before the court shall obviate the necessity of serving process on

that person.

January 1, 2026

Florida Rules of Juvenile Procedure

Page 30 of 469

(2)

The clerk of the court shall give notice of the time

and place of the arraignment to the parent or guardian of the child

and the superintendent of the detention center by:

(A)

summons;

(B)

written notice; or

(C)

telephone notice.

(3)

The superintendent of the detention center, or

designee, also shall verify that a diligent effort has been made to

notify the parent or guardian of the child of the time and place of

the arraignment.

(4)

Failure of notice to the parent or guardian, or

nonattendance of the parent or guardian at the hearing, shall not

invalidate the proceeding.

Committee Notes

This rule corresponds to section 985.215(7), Florida Statutes,

which requires detained children to be arraigned within 48 hours of

the filing of the delinquency petition. This statutory requirement

does not allow the normal summons process to take place. The rule,

therefore, creates an option for the clerk of the court to notice the

parent by phone or in writing.

B.

PLEADINGS, PROCESS, AND ORDERS