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ITEM 9F | SPECIAL ISSUES FOR NON-FINAL APPEALS IN JUVENILE DELINQUENCY CASES

In juvenile delinquency cases, the State may appeal:
(1) orders dismissing a petition for delinquency or any part of it, if the order is entered before the beginning of an adjudicatory hearing;

(2) orders suppressing confessions, admissions, or evidence obtained by search and/or seizure before the adjudicatory hearing;

(3) orders granting a new adjudicatory hearing;

(4) orders arresting judgment;

(5) orders discharging a child under Florida Rule of Juvenile Procedure 8.090;

(6) orders ruling on a question of law if a child appeals an order of disposition;

(7) orders constituting an illegal disposition;

(8) orders discharging a child on habeas corpus; and

(9) orders finding a child incompetent pursuant to the Florida Rules of Juvenile Procedure.
The affected child, parent, legal guardian, or custodian may appeal
(1) an order adjudicating or withholding adjudication of delinquency or disposition order;

(2) orders entered after an order adjudicating or withholding adjudication of delinquency, including orders revoking or modifying community control;

(3) an illegal disposition; and

(4) any other final order as prescribed by law. See Florida Rule of Appellate Procedure 9.145(c).
The procedures in non-final juvenile delinquency cases differ from those in non-final civil appeals in a number of ways. The State’s notice of non-final appeal must be filed in the lower tribunal within 15 days of the order, and before the beginning of the adjudicatory hearing. If the child is in detention and the case is stayed during an appeal by the State, the child is to be released if the offense would be subject to bail if the child were charged as an adult; otherwise, the lower tribunal has discretion to release the child. All references to the child in all court documents are to be by initials, not by name, and all papers are treated confidentially.

There are also several types of orders that are immediately appealable in juvenile dependency cases or in cases involving the termination of parental rights. In juvenile dependency, termination of parental rights, and cases involving children and families in need of services, only certain persons may appeal to the appropriate court within the time and in the manner that the Florida Rules of Appellate Procedure prescribe. Those persons are limited to: any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding affected by an order of the lower tribunal, or the appropriate state agency as provided by law.

The procedures in non-final juvenile dependency and termination of parental rights cases also differ from those in non-final civil appeals. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed. See Sections 39.510 and 39.815, Florida Statutes, and Florida Rule of Appellate Procedure 9.146. All references to the child or the parents are to be by initials, not by name, and all papers are treated confidentially. The courts are to give priority to appeals in these cases. A termination of parental rights order with placement of the child for later adoption is suspended while the appeal is pending, although the child continues in custody. See also Chapter 14, Appeals of Orders Rendered in Dependency and Termination of Parental Rights Proceedings.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 9F 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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