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.(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: (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.Amended effective 7/1/2023; amended by 47 Fla. L. Weekly S188, effective 10/1/2022; amended by 783 So.2d 138, effective 1/1/2001; added by 589 So.2d 818, effective 7/1/1991; amended by 393 So.2d 1077, effective 1/1/1981.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.