TAKING INTO CUSTODY

Rules of Juvenile Procedure

Rule: 8.300

Jurisdiction: FL

Bluebook Citation: Fla. R. Juv. P. 8.300

(a) Affidavit. An affidavit or verified petition may be filed alleging facts under existing law sufficient to establish grounds to take a child into custody. The affidavit or verified petition shall: (1) be in writing and signed; (2) specify the name, address, date of birth, and sex of the child, or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty; (3) specify that the child is of an age subject to the jurisdiction of the court; and (4) state the reasons the child should be taken into custody. (b) Criteria for Order. The court may issue an order to take a child into custody based on sworn testimony meeting the criteria in subdivision (a). (c) Order. The order to take into custody shall: (1) be in writing and signed; (2) specify the name, address, and sex of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty; January 1, 2026 Florida Rules of Juvenile Procedure Page 170 of 469 (3) specify that the child is of an age subject to the jurisdiction of the court; (4) state the reasons the child should be taken into custody; (5) order that the child be held in a suitable place pending transfer of physical custody to an authorized agent of the department; and (6) state the date when issued, and the county and court where issued.

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