(1) If the court finds that the child named in a petition is not a child in need of services, it shall enter an order so finding and dismissing the case.
(2) If the court finds that the child named in the petition is a child in need of services, but finds that no action other than supervision in the home is required, it may enter an order briefly stating the facts upon which its finding is based, but withholding an order of adjudication and placing the child and family under the supervision of the department. If the court later finds that the parent, guardian, or custodian of the child have not complied with the conditions of supervision imposed, the court may, after a hearing to establish the noncompliance, but without further evidence of the state of the child in need of services, enter an order of adjudication and shall thereafter have full authority under this chapter to provide for the child as adjudicated.
(3) If the court finds that the child named in a petition is a child in need of services, but elects not to proceed under subsection (2), it shall incorporate that finding in an order of adjudication entered in the case, briefly stating the facts upon which the finding is made, and the court shall thereafter have full authority under this chapter to provide for the child as adjudicated.
(4) An order of adjudication by a court that a child is a child in need of services shall not be deemed a conviction, nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication, nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or disqualify or prejudice the child in any civil service application or appointment.
History.—s. 8, ch. 87-133; s. 239, ch. 95-147; s. 107, ch. 97-238; s. 72, ch. 98-280.
Note.—Former s. 39.441.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 984 - Children and Families in Need of Services
984.01 - Purposes and Intent; Personnel Standards and Screening.
984.02 - Legislative Intent for the Juvenile Justice System.
984.04 - Families in Need of Services and Children in Need of Services; Procedures and Jurisdiction.
984.06 - Oaths, Records, and Confidential Information.
984.07 - Appointed Counsel; Compensation.
984.071 - Resources and Information.
984.085 - Sheltering Unmarried Minors; Aiding Unmarried Minor Runaways; Violations.
984.086 - Children Locked Out of the Home; Interagency Cooperation.
984.09 - Punishment for Contempt of Court; Alternative Sanctions.
984.11 - Services to Families in Need of Services.
984.12 - Case Staffing; Services and Treatment to a Family in Need of Services.
984.14 - Shelter Placement; Hearing.
984.15 - Petition for a Child in Need of Services.
984.151 - Truancy Petition; Prosecution; Disposition.
984.17 - Response to Petition and Representation of Parties.
984.18 - Referral of Child-in-Need-of-Services Cases to Mediation.
984.20 - Hearings for Child-in-Need-of-Services Cases.
984.21 - Orders of Adjudication.
984.22 - Powers of Disposition.
984.225 - Powers of Disposition; Placement in a Staff-Secure Shelter.
984.226 - Physically Secure Setting.