Circuit 4 Motion for Order to Take Into Custody, Motion OTIC

IN THE CIRCUIT COURT, JUDICIAL CIRCUIT, IN AND FOR COUNTY FLORIDA.

CASE NO.:

DIVISION:

IN THE INTEREST OF:

A CHILD

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MOTION FOR ORDER TO TAKE A CHILD INTO CUSTODY

COMES NOW, the Florida Department of Children and Families by through its undersigned attorney and respectfully moves this Court for an Order to Take a Child into Custody, pursuant to Section 39.401, Florida Statutes, (1998 Supplement). In support thereof, the Department will show.

1.  The child was adjudicated dependent by order of this Court. Said child left placement without authorization. The placement of the child is more particularly described by the accompanying affidavit, which is hereby incorporated by reference.

The child has not been adjudicated dependent but is in imminent danger and harm because .

2.  The Department has contacted the child’s parent(s) to inform them of the current status of the child. The Department has made unsuccessful attempts to contact the child’s parent(s). The child’s parent(s)’ whereabouts unknown, therefore, the Department is unable to contact . The Department has informed the parent(s) attorney(s). The child is permanently committed to the Department.

WHEREFORE, the Department requests that the Court enter an order to take into custody.

I HEREBY CERTIFY, that a copy of the foregoing Motion has been provided to the below named individuals by fax/hand/U.S. Mail this day of .

Respectfully submitted,

FLORIDA DEPARTMENT OF

CHILDREN AND FAMILIES

______

, Esquire

Florida Bar Number: ______

Assistant District Legal Counsel

921 Davis Street, B260

Jacksonville, Florida 32209

(904) 798-4900

Copies Furnished to:

Attachment:

Affidavit for Order to Take Into Custody


IN THE CIRCUIT COURT, JUDICIAL CIRCUIT, IN AND FOR COUNTY FLORIDA.

CASE NO.:

DIVISION:

IN THE INTEREST OF:

A CHILD

______/

AFFIDAVIT TO TAKE A CHILD INTO CUSTODY

STATE OF FLORIDA }

}

COUNTY OF DUVAL }

BEFORE ME personally appeared Affiant who being first duly sworn, made the following allegation of facts:

1.  Said child was adjudicated dependent on and is in the placement of. Said child ran from placement on.

Said child has not been adjudicated dependent but the child is in imminent danger from surroundings and the removal is necessary to protect the child.

a)  NAME OF THE CHILD:

b)  AGE OF THE CHILD:

c)  ADDRESS OF THE CHILD:

d)  RACE & SEX :

e)  DESCRIPTION OF THE CHILD:

______

Child Protective Investigator

FLORIDA DEPARTMENT OF

CHILDREN AND FAMILIES

921 Davis Street, Suite 380, Unit 480

Jacksonville, Florida 32209

(904) 359-6022

SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ______DAY OF ______, BY ______WHO IS PERSONALLY KNOWN TO ME OR PRODUCED IDENTIFICATION:

______

NOTARY PUBLIC, STATE OF FLORIDA

______

TYPE OF IDENTIFICATION

I HAVE REVIEWED THIS AFFIDAVIT OF LEGAL SUFFICIENCY.

______

Assistant District Legal Counsel

Florida Department of

Children and Families


IN THE CIRCUIT COURT, JUDICIAL CIRCUIT, IN AND FOR COUNTY FLORIDA.

CASE NO.:

DIVISION:

IN THE INTEREST OF:

A CHILD

______/

ORDER TO TAKE CHILD INTO CUSTODY

The child named and described below is not a dependent child but is in imminent danger and harm from his surroundings. The child is within the jurisdiction of this Court.

it is, therefore,

ORDERED that:

  1. The Jacksonville Sheriff’s Office shall take into custody the child named and described below:

a)  NAME OF THE CHILD:

b)  AGE OF THE CHILD:

c)  ADDRESS OF THE CHILD:

d)  RACE & SEX :

e)  DESCRIPTION OF THE CHILD:

  1. Upon taking the child into custody, the Jacksonville sheriff’s Office shall:

a)  between the hours of 8:00 a.m. and 6:00 p.m., deliver the child to the Jacksonville Regional Service Center at 921 North Davis Street, Building B, Suite 250, Jacksonville, Florida 32209, and

b)  Between the hours of 6:00 p.m. and 8:00 a.m., call the Department Mediphone at (904) 634-8353 for instructions.

  1. The child shall not be placed in the Duval County Detention Center and shall not be held in secure detention.
  2. This order will expire after the child reaches 18 years of age or recalled by an Order to Vacate.

DONE AND ORDERED at Jacksonville, Duval County, Florida, this ______day of .

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CIRCUIT JUDGE

Copies furnished to:

Central Records, Warrants Unit, Room 207, Police Memorial Building

Revised 4/99