Dependency Law Finder

1. E.A.R. v. State 4 So. 3d 614 · SC08-506 · Florida Supreme Court 2009

   This opinion cites § 39.001 8 times, a subsectionCited as § 39.002 (2007 statutes), now § 39.001Also cites § 39.001(4), 39.001(2)(f) under the 1990 statutes, too old to match to today's subsections.

   · cited by 1 in all courts

   …chapter be liberally interpreted and construed in conformity with its declared purposes. " Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied); § 39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied); § 985.01(2), Fla. Stat. (2007) (emphasis supplied). Courts should not interpret remedial statutes strictly or…

2. E.A.R. v. State 4 So. 3d 614 · SC08-506-2 · Florida Supreme Court 2009

   This opinion cites § 39.001 8 times, a subsectionCited as § 39.002 (2007 statutes), now § 39.001Also cites § 39.001(4), 39.001(2)(f) under the 1990 statutes, too old to match to today's subsections.

   · cited by 136 in all courts

   …chapter be liberally interpreted and construed in confonnity with its declared purposes.” Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied); § 39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied); § 985.01(2), Fla. Stat. (2007) (emphasis supplied). Courts should not interpret remedial statutes strictly or…

3. In re B.R.C.M. 182 So. 3d 749 · 3D15-0962 · 3rd DCA 2015

   Affirmed This opinion cites § 39.001 6 times: (1)(a), and the section generally

   · cited by 5 in all courts

   Denial of an immigrant teen's private dependency petition affirmed because dependency law serves children in need, not immigration goals; a dissent urged a hearing.

   …39 charges this Court with the responsibility of ensuring that children under its jurisdiction are cared for in a. safe and secure environment. See, e.g., § 39.001(l)(a), Fla. Stat. (2013) (purpose of this chapter is “[T]o provide for the care, safety, and protection of children in an environment that fosters healthy social,…

4. In the Interest of K.B.L v. a Minor 176 So. 3d 297 · 3D14-2746 · 3rd DCA 2015

   Affirmed This opinion cites § 39.001 6 times: (1)(a), and the section generally

   · cited by 15 in all courts

   Dismissal of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the child lived safely with his mother.

   …the state’s care; and to prevent the occurrence of child abuse, neglect, and abandonment. 4 See 39.001(1)(a), Fla. Stat. (2013). Chapter 39 defines a dependent child as a child who, consistent with the trial court’s findings, has “been abandoned, abused,…

5. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

   Other This opinion cites § 39.001 6 times: (1)(a), (1)(b), (1)(l), and the section generally

   · cited by 26 in all courts

   Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

   …as the protection of children and the recognition that most families desire to be competent caregivers and providers for their children. § 39.001(1)(a) and (b), Fla. Stat. (2014). Based on this premise, the Legislature created a process that while considering a child’s right to permanency,…

6. J.C. v. Department of Children & Family Services 937 So. 2d 184 · 3D05-1949 · 3rd DCA 2006

   Affirmed This opinion cites § 39.001 6 times: (1)(a), (1)(f), and the section generally

   · cited by 13 in all courts

   Dependency affirmed over a dissent: the father's drug sales near the home and an unsecured firearm placed the children at substantial risk of imminent harm.

   …of Chapter 39 of the Florida Statutes administered by the Department of Children and Families (DCF) is to “preserve and strengthen the child’s family ties.” § 39.001(l)(f), Fla. Stat. (2005). It is our duty to preserve the balance. The trial court in this case adjudicated D.C. and L.C. dependent as to the father, J.C., on the…

7. B.C. v. Department of Children & Families 887 So. 2d 1046 · SC03-1632 · Florida Supreme Court 2004

   Reversed This opinion cites § 39.001 5 times: (1), (1)(b), (1)(b)3., (12)Cited as § 39.001(9) (2003 statutes), now § 39.001(12)

   · cited by 32 in all courts

   Supreme Court held the incarceration ground looks only at the remaining prison time, not the entire sentence, resolving the conflict in the father's favor.

   …Bell, the declared purpose of chapter 39 is to protect children. Although this is the certainly the primary purpose of chapter 39, as expressed in section 39.001(1), the provision also reflects the Legislature's intent that the protection of children be accomplished, if possible, within the family setting. See §…

8. R.W. v. Soud 639 So. 2d 25 · SC83137 · Florida Supreme Court 1994

   This opinion cites § 39.001 5 times, a subsectionAlso cites § 39.002(4) under the 1993 statutes, too old to match to today's subsections.

   · cited by 12 in all courts

   …to warrant our ruling on the legality of the procedure followed in this case. See Dugger v. Grant, 610 So.2d 428 , 429 n. 1 (Fla. 1992). Section 39.002(4), Florida Statutes (1993), [1] sets forth the legislative intent regarding detention of children. Although this provision states a need for secure placement…

9. D.H. ex rel. R.H. v. Adept Community Services, Inc. 217 So. 3d 1072 · 2DCASE2D15-304 · 2nd DCA 2017

   This opinion cites § 39.001 4 times: (1)(h), (1)(i)

   · cited by 3 in all courts

   …minor in an appropriate adoptive home, where called for under chapter 39, is a key function of both the Department and the dependency court. See, e.g., § 39.001(1)(h), (i). Allowing a disappointed former foster parent to use next friend status to sue the Department over an adoption decision—effectively leveraging the…

10. In re D.J. 9 So. 3d 750 · 2D08-793 · 2nd DCA 2009

    Affirmed This opinion cites § 39.001 4 times: (1)(a), (1)(b)2., (1)(b)3.

    · cited by 14 in all courts

    Dependency adjudication affirmed because the mother lacked training and equipment for the infant's medical needs; unpleaded medical neglect was tried by consent despite DCF's misconduct.

    …Department *754 did not dispute at the hearing, establishes that the Department was in an adversarial relationship with the Mother, in violation of section 39.001(1)(b)(2), which states that the Department "should engage families in constructive, supportive, and nonadversarial relationships." In April 2007, after denying the…

11. Matthews v. Weinberg 645 So. 2d 487 · 2D93-02352 · 2nd DCA 1994

    Reversed & remanded This opinion cites § 39.001 4 times, a subsectionAlso cites § 39.001(2)(e), 39.001(3)(b) under the 1991 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    HRS's policies against licensing unmarried couples, and in one district homosexuals, as foster parents are invalid unpromulgated rules; the privacy ruling is not reached.

    …with giving foster children the "custody, care, and discipline as nearly as possible equivalent to that which should have been given by [their] parents." § 39.001(2)(e), Fla. Stat. (1991). The Florida Legislature has mandated that people who have been found guilty of certain crimes are prohibited from becoming foster parents.…

12. A.A. v. Rolle 604 So. 2d 813 · SC78142 · Florida Supreme Court 1992

    This opinion cites § 39.001 4 times, a subsectionAlso cites § 39.001(4), 39.001(2)(b), 39.001(2)(c) under the 1990 statutes, too old to match to today's subsections.

    · cited by 33 in all courts

    …when it mandated: "It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes." § 39.001(4), Fla. Stat., (Supp. 1990). Two of the legislature's primary purposes are codified in the first section of chapter 39. The first is: To provide for the care,…

13. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.001 3 times: (1), (3)

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    …unfolds. Chapter 39 TPR Proceedings TPR proceedings under chapter 39 are primarily focused on the protection of children. Cf. § 39.001(1), Fla. Stat. (setting out legislative purposes for chapter 39); § 39.811(1), Fla. Stat. (requiring the trial court still to consider whether dependency…

14. N.H. v. Department of Children & Families 192 So. 3d 592 · 2D15-5322 · 2nd DCA 2016

    Certiorari / writ granted This opinion cites § 39.001 3 times: (1)(b)1., (1)(f)

    · cited by 2 in all courts

    Parents' certiorari petition denied; guardian ad litem's petition granted because siblings of an infant with unexplained fractured ribs should also have been sheltered.

    …to enjoy custody of his or her children, our courts have authority to do all things reasonably necessary to protect children within their jurisdiction. See § 39.001(1)(b)(1), Fla. Stat. (2015). With these concerns in mind, a trial court should remove a child from the parents only "when his or her welfare cannot be adequately…

15. In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015

    Reversed & remanded This opinion cites § 39.001 3 times: (1)(a), (3)Also cites § 39.001(12), which couldn't be matched to today's text.

    · cited by 7 in all courts

    Dismissal of a child's dependency petition reversed: abuse abroad can support dependency, an SIJ-status motive does not invalidate it, and no jurisdictional bar was shown.

    …Section 39.01 provides a lengthy list of purposes, the first of which is “[t]o provide for the care, safety, and protection of children.” § 39.001(1)(a), Fla. Stat. (2013). Section 39.001(3) goes on to set out the chapter’s purpose to provide “the children of this state” with certain protections, including…

16. C.D. v. Department of Children & Families 974 So. 2d 495 · 1D06-6397 · 1st DCA 2008

    Reversed & remanded This opinion cites § 39.001 3 times: (1)(b), (1)(b)3.

    · cited by 19 in all courts

    Denial of reunification and permanent guardianship reversed: the order lacked required findings and evidence did not overcome the presumption favoring a substantially compliant mother.

    …best interests. Initially, we note that the primary purpose of Florida's dependency system is to protect the health and safety of children. See § 39.001(1)(b)1, Fla. Stat. (2006). When setting up procedures for accomplishing this purpose, the Legislature officially recognized "that most families desire to be…

17. In re D.N. 858 So. 2d 1087 · 2D03-844 · 2nd DCA 2003

    Affirmed This opinion cites § 39.001 3 times: (1)(a), (1)(b)3., (1)(h)

    · cited by 3 in all courts

    Order returning the children to their Hawaii father affirmed because the UCCJA and PKPA required enforcing his custody order; the ICPC did not override it.

    …reunited with their father in April 2003. The Department is charged by the legislature with providing for the care, safety, and protection of children. § 39.001(1)(a), Fla. Stat. (2001). While pursuing this objective, the Department is to "intrude as little as possible into the life of the family, be focused on clearly…

18. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.001 3 times: (1)(g), (1)(i), (1)(j)

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …And, significantly, it was consistent with statutory provisions emphasizing that relatives merit special consideration in placement decisions. See §§ 39.001(1)(g), (i), (j); .401(2)(a)(3), (3); .402(1)(c); .5085. Just as important, J.R.S.'s effort to place his child with members of his own family was consistent with…

19. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.001 3 times: (1)(g), (1)(i), (1)(j)

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …And, significantly, it was consistent with statutory provisions emphasizing that relatives merit special consideration in placement decisions. See §§ 39.001(l)(g), (i), (j); ,401(2)(a)(3), (3); .402(l)(c); .5085. Just as important, J.R.S.’s effort to place his child with members of his own family was consistent with…

20. In re M.F. 770 So. 2d 1189 · SC96883 · Florida Supreme Court 2000

    Affirmed This opinion cites § 39.001 3 times, the section generally

    · cited by 87 in all courts

    Dependency upheld: a sex offense against one child does not alone prove siblings dependent, but the father's long imprisonment and other circumstances sufficed.

    …that a prime purpose of the Florida Juvenile Justice Act (the "Act") is to guarantee to each child in Florida a safe and supportive home environment: 39.001 Purposes and intent.... (1) The purposes of this chapter are: . . . . (b) To provide for the care, safety, and protection of children in an environment…

21. G.L.S. v. Department of Children & Families 724 So. 2d 1181 · SC91 · Florida Supreme Court 1998

    This opinion cites § 39.001 3 times: (1)(i), and the section generallyCited as § 39.001(1)(d) (1997 statutes), now § 39.001(1)(i)

    · cited by 9 in all courts

    …final for immediate appeal, an adjudicatory order could still trigger the district court's jurisdiction. Id. [5] The legislative intent found in section 39.001, Florida Statutes (1995), also focuses on the accuracy and fundamental fairness of the proceedings. In section 39.001, the legislative purpose stresses due…

22. Interest of D.G.H. v. Gnat 682 So. 2d 210 · 1D96-2884 · 1st DCA 1996

    This opinion cites § 39.001 3 times, a subsectionCited as § 39.002 (1995 statutes), now § 39.001Also cites § 39.002(4), 39.002(4)(a) under the 1990 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …are given the opportunity to learn new crime techniques, and may become victims of intimidation and violence.... Ch. 90-208, at 1085, Laws of Fla. Section 39.002(4), Florida Statutes (Supp. 1990), included within chapter 90-208, further amplifies the legislative purpose in seeking alternatives to secure detention, by…

23. Padgett v. Department of Health & Rehabilitative Services 577 So. 2d 565 · SC74357 · Florida Supreme Court 1991

    This opinion cites § 39.001 3 times, the section generallyCited as § 39.002 (1987 statutes), now § 39.001

    · cited by 265 in all courts

    …construed to effect its stated purpose of guaranteeing *569 the child a safe and nurturing environment free from the prospect of abuse or neglect: 39.001 Short title, purposes, and intent. — ... . (3) It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity…

24. A.N.J. v. State 554 So. 2d 531 · 1D89-51 · 1st DCA 1989

    This opinion cites § 39.001 3 times, a subsectionAlso cites § 39.001(3), 39.001(2)(a) under the 1987 statutes, too old to match to today's subsections.

    …and shall be given primary consideration... . . The recommendation of the court shall be followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that the legislature intended "that this Chapter be liberally interpreted and construed in conformity with its declared…

25. In the Interest of A.N.J. v. State 554 So. 2d 531 · DCA89-51 · District Court of Appeal 1989

    This opinion cites § 39.001 3 times, a subsectionAlso cites § 39.001(3), 39.001(2)(a) under the 1987 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …the Department and shall be given primary consideration. The recommendation of the court shall be followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that the legislature intended “that this Chapter be liberally interpreted and construed in conformity with its declared…

26. Interest of K.H. 444 So. 2d 547 · 1DAQ-355 · 1st DCA 1984

    This opinion cites § 39.001 3 times, a subsectionAlso cites § 39.001(2)(b), 39.001(2)(c) under the 1981 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …supervision. The legislature has been clear in expressing the attitude that is to be taken in regard to dependent children such as K.H. and M.C. In Section 39.001(2)(b) and (c), Florida Statutes (1981), two of the primary purposes of the Florida Juvenile Justice Act (Chapter 39) are described as: (b) To assure to all…

27. Gamble v. Wells 436 So. 2d 173 · DCA82-530 · District Court of Appeal 1983

    This opinion cites § 39.001 3 times, a subsectionAlso cites § 39.001(2), 39.001(3) under the 1975 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …Further, chapter 39, which deals exclusively with juveniles, must be liberally interpreted and construed in conformity with its declared purposes. See § 39.001. Two of the declared purposes of this chapter (the only ones applicable under this factual setting) are 1) to assure that a dependent child receives the care…

28. Johns Hopkins All Children's Hospital, Inc. v. Kowalski 2D2024-0382 · 2nd DCA 2025

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(1)(a), 39.001(12) under the 1979 statutes, too old to match to today's subsections.

    …are . . . [t]o provide for the care, safety, and protection of children . . . and to prevent the occurrence of child abuse, neglect, and abandonment." § 39.001(1)(a). The legislature further stated its intent that chapter 39 "be liberally interpreted and construed in conformity with its declared purposes." § 39.001(12). …

29. Florida Department of Corrections v. Campbell 1D2024-0982 · 1st DCA 2025

    This opinion cites § 39.001 2 times: (2)(b), (2)(c)

    …Reddish and Davis.” Id. at 102 n.1; see also State Dep’t of Health & Rehab. Servs. v. Whaley, 531 So. 2d 723, 729 (Fla. 4th DCA 1988) (explaining that section 39.001(2)(b) and (c) impose a duty of care on HRS when a child is directly in the care of HRS). The supreme court similarly held that HRS could be sued in negligence…

30. A.P. v. Department of Children & Families 1D20-3693 · 1st DCA 2021

    Affirmed This opinion cites § 39.001 2 times: (1)(h)

    Termination of rights to all four children affirmed on two grounds; rehearing on the two older children was proper and best interests supported.

    …were caused by poverty or any deficiency in DCF’s efforts to reunify the family. Time is of the essence for permanency of the children. See, e.g., § 39.001(1)(h), Fla. Stat. (2019) (policy to ensure that no child remains in foster care” more than a year); F.C. v. Dep’t of Child. & Fams., 315 So. 3d 110, 111 (Fla. 3rd…

31. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

    Affirmed This opinion cites § 39.001 2 times: (1), (1)(f)

    On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

    …the Florida Legislature recognizes, protects and furthers that interest, having expressed that principle in language of statutory intent. See, e.g., § 39.001(1)(f), (l) Fla. Stat. (2018) (providing that among the purposes of chapter 39 are: “To preserve and strengthen the child's family ties whenever possible, removing…

32. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

    Affirmed in part, reversed in part This opinion cites § 39.001 2 times: (1), (1)(f)

    Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

    …the Florida Legislature recognizes, protects and furthers that interest, having expressed that principle in language of statutory intent. See, e.g., § 39.001(1)(f), (l) Fla. Stat. (2018) (providing that among the purposes of chapter 39 are: “To preserve and strengthen the child's family ties whenever possible, removing…

33. In the Interest of: B.R.C.M., A Minor Child v. Department of Children & Families 215 So. 3d 1219 · SC16-179 · Florida Supreme Court 2017

    Reversed & remanded This opinion cites § 39.001 2 times: (1)(a)

    · cited by 3 in all courts

    Supreme Court held a private dependency petition by an immigrant child cannot be summarily denied for seeking immigration status; individualized findings are required.

    …children under the state’s care; and to prevent the occurrence -4- of child abuse, neglect, and abandonment.” § 39.001(1)(a), Fla. Stat. (2014). Consistent with this purpose, section 39.01(15) provides seven independent grounds upon which a child may be adjudicated dependent.…

34. O.I.C.L. v. Department of Children & Families 205 So. 3d 575 · SC15-1570 · Florida Supreme Court 2016

    Dismissed This opinion cites § 39.001 2 times: (1)(a)

    · cited by 4 in all courts

    Supreme Court dismissed review of a denied dependency petition as moot because the immigrant youth turned 18 and cannot be adjudicated dependent.

    …Relating to Children,” provides no authority for a Florida court to adjudicate an adult living in Florida to be a dependent child of the State. Section 39.001(l)(a), Florida Statutes, explains that the purpose of chapter 39 is “[t]o provide for the care, safety, and protection of children” and “to promote the health and…

35. E.G. v. Department of Children & Families 193 So. 3d 78 · 3D16-0994 · 3rd DCA 2016

    Certiorari / writ granted This opinion cites § 39.001 2 times: (6)(c)

    · cited by 1 in all courts

    Writ granted quashing orders that a dependent teen voluntarily enter residential drug treatment, undergo drug testing, abstain from drugs and not run away, as unauthorized.

    …in an attempt to justify it. 5 DCF argues that the trial court’s order is authorized by section 39.001(6)(c), Florida Statutes (2015). However, on its face, section 39.001(6)(c) contains no language which can be interpreted as authorizing a court to order a minor…

36. Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016

    Certiorari / writ granted This opinion cites § 39.001 2 times: (1)(h), and the section generally

    · cited by 2 in all courts

    Writ granted quashing an order limiting DCF to one prospective adoptive family; selecting the adoptive home exceeded the court's authority and separation of powers.

    …biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(l)(h), Fla. Stat. (2015). “An agency granted legal custody shall have the right to determine where and-with whom the child shall live.”' § 39.521(4), Fla. Stat.…

37. Department of Children & Families v. S.A.E. 184 So. 3d 615 · 1D15-3624 · 1st DCA 2016

    Reversed This opinion cites § 39.001 2 times: (1)(b), and the section generally

    · cited by 1 in all courts

    Dependency adjudication reversed because the father's abandonment twelve years earlier in Honduras posed no present threat; avoiding deportation is not a basis for dependency.

    …it is possible to find a child dependent based on one parent’s actions. But to construe the definition of dependency in section 39.01(15)(a) as 4 Section 39.001, Florida Statutes, sets out at length and in detail the legislative purpose and intent of chapter 39. The “paramount concern” of the statutory scheme is child…

38. In re B.Y.G.m, a Minor 176 So. 3d 290 · 3D14-2409 · 3rd DCA 2015

    Affirmed This opinion cites § 39.001 2 times: (1)(a)

    · cited by 14 in all courts

    Denial of an immigrant teen's private dependency petition affirmed because the evidence showed no current abandonment or neglect; she lived safely with her mother.

    …of all children under the state’s care; and to prevent the occurrence of child abuse, neglect, and abandonment. See § 39.001(1)(a), Fla. Stat. (2013). 4 242 (Fla. 3d DCA 2010); G.C. & D.C. v. Dep’t of Children & Family Servs., 791 So. 2d…

39. Graham v. State 169 So. 3d 123 · 3D13-0561 · 3rd DCA 2015

    This opinion cites § 39.001 2 times: (1)(b)1.

    · cited by 2 in all courts

    …of operations in South Florida testified at trial that DCF maintains custody of a dependent child along with the temporary custodian. 6 See §§ 20.19(1)(a), 39.001(1)(b)(1), 39.4085, and 39.521(1)(b)3., Fla. Stat. (2000). 13 children, like Rilya, who are under temporary protective…

40. L.M. v. Department of Children & Families 946 So. 2d 42 · 4D06-1968 · 4th DCA 2006

    Affirmed This opinion cites § 39.001 2 times: (1)(h), (1)(i)

    · cited by 4 in all courts

    Dependency affirmed on evidence of the mother's mental illness, drugs, and squalid home; trial without the incompetent mother was allowed to protect the children's permanency.

    …issues would deprive the children of their right to permanency and run contrary to the goal that no child remain in foster care longer than one year. See § 39.001(1)(h),(i), Fla. Stat. (2006); B.Y. v. Dep't of Children & Families, 887 So.2d 1253, 1256 (Fla.2004); C.M. v. Dep't of Children & Family Servs., 854 So.2d…

41. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

    Reversed & remanded This opinion cites § 39.001 2 times: (1)(a), (3)

    · cited by 6 in all courts

    Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

    …Relating to Children," is suffused with clear legislative expressions of concern for children's best interests and overall well-being. See, e.g., § 39.001(1)(a), Fla. Stat. (2005) (stating the purposes of this chapter are "[t]o provide for the care, safety, and protection of children in an environment that fosters…

42. T.G. v. Department of Children & Families 927 So. 2d 104 · 1D05-5067 · 1st DCA 2006

    Reversed This opinion cites § 39.001 2 times: (1)(a), and the section generally

    · cited by 19 in all courts

    Dependency of five children reversed: one instance of corporal discipline, one failed drug test and an accidental alcohol ingestion did not show abuse or risk.

    …not supported by competent substantial evidence, we reverse. The government's removal of a child from the parents should be a method of last resort. See § 39.001(1)(a)-(b), Fla. Stat. (2005); M.F., 770 So.2d at 1192 ("The severing of the parent-child bond — even temporarily — is a refuge of last resort for the…

43. Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005

    This opinion cites § 39.001 2 times: (1)(a), (1)(h)

    · cited by 10 in all courts

    …the ... adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care for longer than 1 year," § 39.001(1)(a), (1)(h), Fla. Stat. (2003), and say that "[t]he state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt…

44. B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004

    Reversed This opinion cites § 39.001 2 times: (1)(a), (1)(h)

    · cited by 56 in all courts

    Supreme Court quashed the district court: a trial court may finalize a relative's adoption without DCF consent when DCF unreasonably withholds it.

    …and physical development; *1256 to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care." § 39.001(1)(a), Fla. Stat. (2002). The department's role in achieving this goal is important, and the department does a tremendous service by providing care, safety, and…

45. Buckner v. Family Services of Cent. Florida 876 So. 2d 1285 · 5D03-3217 · 5th DCA 2004

    Affirmed This opinion cites § 39.001 2 times: (1)(h), and the section generally

    · cited by 10 in all courts

    Dismissal affirmed of former foster parents' suit seeking adoption and visitation; they lacked standing as next friends and could not compel DCF's adoption consent.

    …of the dependency court. It is the dependency court which is charged under Florida law with protecting the rights and interests of dependent children, section 39.001, Fla. Stat. (2003), and it does so through various devices, including periodic judicial reviews and appointments of guardians ad litem and attorneys ad litem.…

46. State v. White 867 So. 2d 594 · 2D03-775 · 2nd DCA 2004

    This opinion cites § 39.001 2 times: (1)(b)1., (3)(a)

    · cited by 1 in all courts

    …concern of chapter 39 is the health and safety of children and the corresponding protection of children from abuse, abandonment, and neglect. See § 39.001(l)(b)(l), (3)(a). To disclose the identity of an anonymous child abuse reporter to the alleged perpetrator, before the report is determined to be false, would…

47. C.M. v. Department of Children & Family Services 854 So. 2d 777 · 4D03-1166 · 4th DCA 2003

    Affirmed This opinion cites § 39.001 2 times: (1)(e), (1)(h)

    · cited by 20 in all courts

    Termination affirmed; failure to appoint a guardian ad litem was error but not fundamental when the mother never objected.

    …the Legislature requires that no child remain in foster care longer than one year so that permanent placement may be achieved as soon as possible. See § 39.001(1)(h), Fla. Stat. (2002). At all stages of the proceedings, courts are compelled to expedite proceedings to prevent children from languishing in the foster care…

48. S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003

    Affirmed This opinion cites § 39.001 2 times: (1)(b)1., (1)(b)3.

    · cited by 32 in all courts

    Supreme Court held a parent in a dependency case without termination or criminal charges has no right to collaterally challenge appointed counsel's effectiveness.

    …and safety of the child is of paramount concern, and the goal is to address the concern in the most economic, effective, obvious, and direct manner. See § 39.001(1)(b)1., Fla. Stat. (2001); see also § 39.001(1)(b)3., Fla. Stat. (2001) ("The intervention should intrude as little as possible into the life of the family, be…

49. DuFresne v. State 826 So. 2d 272 · SC01-246 · Florida Supreme Court 2002

    This opinion cites § 39.001 2 times: (3)(a), (8)Cited as § 39.001(6) (2001 statutes), now § 39.001(8)

    · cited by 34 in all courts

    …"Proceedings Relating to Children," *278 and has as one of its chief purposes the protection of children, including the prevention of child abuse. See § 39.001(3)(a), Fla. Stat. (2001); see also § 39.001(6), Fla. Stat. (2001) ("The impact that abuse ... has on the victimized child, siblings, family structure, and…

50. In re M.A.D. 812 So. 2d 509 · 2D01-5312 · 2nd DCA 2002

    Other This opinion cites § 39.001 2 times: (1)(h), and the section generally

    Other (stay pending appeal): DCF appeal of a denied termination does not automatically stay the children's return to the mother; trial court stay quashed.

    …foster care pending resolution of the Department's appeal under these circumstances *512 would not serve the purposes of chapter 39 as reflected in section 39.001. In particular, the legislative directive set out in section 39.001(1)(h), that no child remain in foster care longer than one year, has already been thwarted…

51. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2) under the 1995 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …judge is bound to carry out the responsibilities which Chapter 39 places upon the court consistently with the chapter's declared legislative intent. Section 39.001, Florida Statutes (Supp.1996), provides in pertinent part: (1) The purposes of this chapter are: * * * * * * (b) To provide for the care, safety, and…

52. Q.L.J. v. State 714 So. 2d 628 · 1D97-4851 · 1st DCA 1998

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(1)(c), 39.002(3) under the 1996 statutes, too old to match to today's subsections.

    …consider (among other things) "[t]he seriousness of the offense to the community" and the need to protect the community from the child. Moreover, section 39.001(1)(c), Florida Statutes (Supp.1996), identifies "the protection of society" as one of the principal purposes of chapter 39, and section 39.002(3), Florida Statutes…

53. Q.L.J. v. State 714 So. 2d 628 · DCA97-4851 · District Court of Appeal 1998

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(1)(c), 39.002(3) under the 1996 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …consider (among other things) “[t]he seriousness of the offense to the community” and the need to protect the community from the child. Moreover, section 39.001(l)(c), Florida Statutes (Supp.1996), identifies “the protection of society” as one of the principal purposes of chapter 39, and section 39.002(3), Florida Statutes…

54. S.J. v. Department of Health & Rehabilitative Services 700 So. 2d 71 · 1D97-432 · 1st DCA 1997

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(b), 39.001(2)(c) under the 1996 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …(Emphasis supplied.) The Department also relied upon The Interest of K.H., 444 So.2d 547 (Fla. 1st DCA 1984). In K.H., the court quoted section 39.001(2)(b) and (c), to illustrate legislative intent that "the welfare of the dependent child is the supreme consideration. Consistent with that overlying philosophy is…

55. T.M. v. State 689 So. 2d 443 · 3D96-1115 · 3rd DCA 1997

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(1)(c), 39.001(1)(a) under the 1995 statutes, too old to match to today's subsections.

    …that the most appropriate control, discipline, punishment and treatment can be administered" with "the specific rehabilitation needs of the child ....". § 39.001(1)(c), Fla. Stat.(1995). The act further provides that control and guidance are to be administered in a manner to assure "the recognition, protection, and…

56. T.M. v. State 689 So. 2d 443 · 4D96-1115 · 4th DCA 1997

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(1)(e), 39.001(1)(a) under the 1995 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …... that the most appropriate control, discipline, punishment and treatment can be administered” with “the specific rehabilitation needs of the child-”. § 39.001(l)(e), Fla. Stat.(1995). The act further provides that control and guidance are to be administered in a manner to assure “the recognition, protection, and…

57. Troutman v. State 630 So. 2d 528 · SC80 · Florida Supreme Court 1993

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.002(5)(a), 39.002(6) under the 1991 statutes, too old to match to today's subsections.

    · cited by 74 in all courts

    …Stat. (1991). However, the Legislature has recognized that sentencing children as adults is generally not appropriate and should be avoided in most cases. § 39.002(5)(a), Fla. Stat. (1991) ("[A] significant number of children have been adjudicated in adult criminal court and placed in Florida's prisons where programs are…

58. In Interest of L.W. 615 So. 2d 834 · 4D91-3461 · 4th DCA 1993

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(a), 39.002(1)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 10 in all courts

    …and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care. § 39.001(2)(a) & (b), Fla. Stat. Further, the act provides in section 39.002(1)(a)-(h), Florida Statutes: (1) GENERAL PROTECTIONS FOR CHILDREN. It is a purpose of the…

59. R.F.R. v. State 558 So. 2d 1084 · 1D89-1621 · 1st DCA 1990

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(a) under the 1987 statutes, too old to match to today's subsections.

    …Am.Jur.2d Criminal Law § 633 (1981) (footnotes omitted). Appellant's waiver in the case at bar is consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987). [3] He was given the opportunity to participate in a program of rehabilitative restitution rather than retributive punishment. In…

60. Interest of R.F.R. v. State 558 So. 2d 1084 · DCA89-1621 · District Court of Appeal 1990

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(a) under the 1987 statutes, too old to match to today's subsections.

    · cited by 12 in all courts

    …Am.Jur.2d Criminal Law § 633 (1981) (footnotes omitted). Appellant’s waiver in the case at bar is consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987). 3 He was given the opportunity to participate in a program of rehabilitative restitution rather than retributive punishment. In…

61. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(c) under the 1983 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …supplied three important legislative changes, insofar as they are pertinent to the discussion at hand: The Florida Juvenile Justice Act was created, Section 39.001, Florida Statutes (Supp.1978), and provided that one of the specific purposes of the chapter was [t]o preserve and strengthen the child’s family ties…

62. In Interest of W.D.N. 443 So. 2d 493 · 2D83-1426TO83-1428 · 2nd DCA 1984

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(3), 39.001(2) under the 1979 statutes, too old to match to today's subsections.

    · cited by 27 in all courts

    …to think in terms of the child's welfare. J.L.P. at 1251-52. The Fourth District Court of Appeal affirmed the trial court's decision, saying that in section 39.001(3), Florida Statutes (1979), it was the legislature's intent that the Florida Juvenile Justice Act be liberally construed so as to effectuate its purpose.…

63. In Interest of J.L.P. 416 So. 2d 1250 · 4D81-1033 · 4th DCA 1982

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(3), 39.001(2)(b) under the 1979 statutes, too old to match to today's subsections.

    · cited by 47 in all courts

    …there must be clear and convincing evidence [2] that the child has been or will be neglected or abused. [3] We do so for a number of reasons. First, section 39.001(3), Florida Statutes (1979), expresses the Legislature's intent that the Florida Juvenile Justice Act be liberally construed so as to effectuate its purpose.…

64. R.M.P. v. Jones 392 So. 2d 301 · 1DZZ-9 · 1st DCA 1980

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(3), 39.001(2)(b) under the 1979 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …is to be placed. I do not read the underlined language as being so restricted. I must take into consideration the mandate of the Legislature in Section 39.001(3), that "This chapter be liberally interpreted and construed in conformity with its declared purpose." One of the declared purposes as set forth in Section…

65. J.M.J. v. State 389 So. 2d 1208 · 1D00-48 · 1st DCA 1980

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(b), 39.001(3) under the 1978 statutes, too old to match to today's subsections.

    …own home, which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state. [Emphasis supplied.] § 39.001(2)(b). The Act is to be liberally interpreted and construed in conformity with its declared purposes. § 39.001(3). Notably, delinquent children are those who have…

66. J.M.J. v. State 389 So. 2d 1208 · DCA00-48 · District Court of Appeal 1980

    This opinion cites § 39.001 2 times, a subsectionAlso cites § 39.001(2)(b), 39.001(3) under the 1978 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …own home, which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state. [Emphasis supplied.] § 39.001(2)(b). The Act is to be liberally interpreted and construed in conformity with its declared purposes. § 39.001(3). Notably, delinquent children are those who have…

67. Division of Family Services v. State 319 So. 2d 72 · 1DX-102 · 1st DCA 1975

    This opinion cites § 39.001 2 times, the section generally

    · cited by 15 in all courts

    …39 to the court, the provision for the exclusive original jurisdiction *76 in the court [5] and the declared purposes of the chapter as expressed in F.S. 39.001, viz: "39.001 Purposes. — The purposes of this chapter are: "(1) To protect society more effectively by substituting for retributive punishment methods of…

68. Department of Children & Families v. K.R. 4D2025-1194 · 4th DCA 2025

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(l)

    Paternity judgment reversed because DCF received no notice or meaningful opportunity to be heard before the court declared the putative father the legal father.

    …hearings by a ... respected court ... and the recognition, protection, and enforcement of their constitutional and other legal rights.” § 39.001(1)(l ), Fla. Stat. (2014). Procedural due process requires “‘fair notice and a real opportunity to be heard.’” Dep’t of Child. & Fams. v. T.S., 154 So. 3d…

69. S.B. v. Department of Children & Families 3D2024-1573 · 3rd DCA 2025

    Affirmed This opinion cites § 39.001 1 time, the section generally

    Adjudication of dependency affirmed; the court kept jurisdiction after ruling orally on rehearing, and an infant sibling's neglect-related death supported imminent risk to the children.

    … 4 We emphasize that the primary purpose of a petition for dependency is to protect the children, not to punish the parents. See § 39.001, Fla. Stat. We recognize that the Father and Mother suffered a debilitating loss in the death of their infant. Indeed, the favored result of a dependency…

70. J.M. v. Department of Children & Families 1D2023-0129 · 1st DCA 2023

    Affirmed This opinion cites § 39.001 1 time: (1)

    Termination affirmed because the mother, despite completing her case plan, defied a no-contact order and kept exposing the children to the abusive father.

    …under chapter 39 are centered on the protection and welfare of the child, balanced against the right of a parent to be a parent to that child. See § 39.001(1), Fla. Stat. (enumerating the purposes of the chapter, all of which focus on the “care, safety, and protection of children” and to prevent abandonment, abuse,…

71. K.D. v. In re: in the Interest of P.P., R.P., and L.P. 3D21-2420 · 3rd DCA 2022

    Reversed & remanded This opinion cites § 39.001 1 time, the section generally

    Dismissal of the aunt's dependency petition reversed because Florida had both temporary emergency and home state jurisdiction over the abused out-of-state children under the UCCJEA.

    …dependency case are controlling. Thus, there is no overlap in analysis. Finally, the safety of children in our state is of paramount concern. See § 39.001(b)1., Fla. Stat. (“The health and safety of the children served shall be of paramount concern.”). Consistent with this prerogative, the Florida Legislature has…

72. G.C. v. Department of Children & Families 3D21-1342 · 3rd DCA 2022

    Affirmed This opinion cites § 39.001 1 time: (1)(h)

    Termination affirmed; two years of services, including specialized therapy for her borderline personality disorder, did not yield substantial compliance, and termination was least restrictive.

    …as an aside that the maternal aunt and uncle, who have been acting as K.C.’s caregivers for the last two and a half years, are willing to adopt K.C. See § 39.001(1)(h), Fla. Stat. (2021) (permanent placement should be achieved within one year); § 39.0136(1), Fla. Stat. (stating “time is of the essence for…

73. B.V. v. Department of Children & Families 1D21-0029 · 1st DCA 2021

    Affirmed This opinion cites § 39.001 1 time: (1)(h)

    Termination affirmed for a deported father: the deportation's effects, no relationship with the child and the child's foster bond supported the threat ground.

    …found by the trial court, to delay permanency any further would only cause further harm to the child, which is contrary to the purpose of the chapter. See § 39.001(1)(h), Fla. Stat. (A purpose of this chapter is “[t]o ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for…

74. W.C.W. v. Department of Children & Families 2D20-3666 · 2nd DCA 2021

    Affirmed This opinion cites § 39.001 1 time: (1)(h)

    Dismissal of the grandfather's post-termination adoption petition affirmed because he had not completed DCF's adoption application; court criticized children's long foster care stay.

    …Ad Litem Program, 186 So. 3d 1084, 1090 (Fla. 1st DCA 2016) (quoting B.Y. v. Dep't of Child. & Fams., 887 So. 2d 1253, 1256 (Fla. 2004)); see § 39.001(1)(h), Fla. Stat. (2020) (stating that 3 the purpose of chapter 39 is "[t]o ensure that permanent placement with the…

75. L.C.A. v. Department of Children & Families 3D20-1289 · 3rd DCA 2021

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(b)

    Termination reversed because the domestic violence victim completed her case plan, DCF caused delays, and lack of insight cannot alone justify termination.

    …children and that children achieve their greatest potential when families are able to support and nurture the growth and development of their children,” § 39.001(1)(b), Fla. Stat., the Florida Legislature has endowed the Department with the responsibility of developing a case plan 6 Invoking estoppel, the mother…

76. L.C.A. v. Department of Children & Families 3D20-1289-2 · 3rd DCA 2021

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(b)

    Termination reversed because the domestic-violence-victim mother completed her case plan, experts supported reunification, and DCF did not prove noncompliance or that termination was least restrictive.

    …children and that children achieve their greatest potential when families are able to support and nurture the growth and development of their children,” § 39.001(1)(b), Fla. Stat., the Florida Legislature has endowed the Department with the responsibility of developing a case plan 6 Invoking estoppel, the mother…

77. Q.L. v. Department of Children & Families 4D19-0526 · 4th DCA 2019

    Reversed This opinion cites § 39.001 1 time: (1)(h)

    Termination reversed because the mother completed all services and findings of ongoing domestic violence and housing instability were unsupported or stale.

    …dissent. Florida has a goal for permanent placement of children as soon as possible and that “no child remains in foster care longer than one year.” §39.001(1)(h), Florida Statutes (2018). Here, seven years transpired between the children first being sheltered and the trial court’s termination of the mother’s parental…

78. A.D. v. Department of Children & Families 273 So. 3d 1016 · 4D18-3753 · 4th DCA 2019

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(h)

    · cited by 2 in all courts

    Termination reversed and remanded for a prompt new hearing because key manifest-best-interests findings about the troubled child's prospects lacked evidentiary support.

    …39 is to ensure the child’s permanent placement with his biological or adoptive family and that no child remains in foster care for more than one year. § 39.001(1)(h), Fla. Stat. (2018). Clearly, at the time of the final hearing, it had been nearly three years from removal, but there is no indication that the child is any…

79. J.D. v. Department of Children & Families 263 So. 3d 60 · 4D18-2432 · 4th DCA 2019

    Affirmed This opinion cites § 39.001 1 time, the section generally

    · cited by 3 in all courts

    Dependency affirmed because ongoing domestic violence by the boyfriend, whom the mother wished to stay with, posed a present threat of neglect.

    …the primary purpose of a petition for 4 dependency is to protect the child, not to punish the caregiver. § 39.001, Fla. Stat. (2018); A.B. v. Dep’t of Children & Family Servs., 901 So. 2d 324, 327 (Fla. 3d DCA 2005). Based on the foregoing discussion, we conclude the…

80. B.S. v. Department of Children & Families 246 So. 3d 479 · 1D17-2515 · 1st DCA 2018

    Dismissed This opinion cites § 39.001 1 time: (1)(h)

    · cited by 3 in all courts

    Grandmother's appeal from dismissal of her post-TPR adoption petition dismissed as untimely; juvenile rules apply, so her rehearing motion did not toll the appeal deadline.

    …biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(1)(h), Fla. Stat. Adoptions are governed by Chapter 63 of the Florida Statutes. However, section 63.037, Florida Statutes, provides that “[a] case in which a…

81. Guardian ad Litem Program v. Department of Children & Families 207 So. 3d 1000 · 5D16-3380 · 5th DCA 2016

    Reversed This opinion cites § 39.001 1 time, the section generally

    · cited by 2 in all courts

    Denial of termination reversed with directions to terminate both parents; mother's repeated case plan failures satisfied least restrictive means.

    …biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(h), Fla. Stat. (2016). Allowing Mother more time to work on her rehabilitation and case plan, although generous, would add to the children’s time in shelter…

82. Department of Children & Families v. M.N. 199 So. 3d 452 · 3D16-1111 · 3rd DCA 2016

    Reversed & remanded This opinion cites § 39.001 1 time, the section generally

    · cited by 2 in all courts

    Order closing the case and informally transferring it to Puerto Rico reversed; Florida retained home-state jurisdiction and the court made no inconvenient-forum findings.

    …Id. This duty exists to carry out the legislature’s goal that all dependency proceedings are to seek to achieve permanency for the children. §§ 39.001(h), .621, Fla. Stat. (2016). The 5 trial court’s dismissal of the case without further provision for two children…

83. R.J. v. Department of Children & Families 187 So. 3d 362 · 4D15-4026 · 4th DCA 2016

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(a)

    · cited by 1 in all courts

    After a private dependency petition by a teen, court wrongly thought it could not place him in DCF custody; reversed and remanded for reconsideration.

    …health and well-being of all children under the state’s care; and to prevent the occurrence of child abuse, neglect, and abandonment. § 39.001(1)(a), Fla. Stat. (2014). To that end, chapter 39 provides for the protection of a child who has “been abandoned, abused, or neglected by the child’s parent or…

84. Guardian ad Litem Program v. A.A. 171 So. 3d 174 · 5D15-966 · 5th DCA 2015

    Reversed This opinion cites § 39.001 1 time: (1)(h)

    · cited by 16 in all courts

    Denial of termination reversed: available relative placement and possible parental contact do not defeat least restrictive means, so termination and adoption were directed.

    …39, Florida Statutes, is to ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child. See § 39.001(l)(h), Fla. Stat.' (2014). Section 39.621(1) also notes that “[t]ime is of the essence for permanency of children in the dependency system.” Adoption is preferred…

85. Department of Children & Families v. T.S. 154 So. 3d 1223 · 4D14-3629 · 4th DCA 2015

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(l)

    · cited by 11 in all courts

    Sua sponte dismissal of a dependency petition at arraignment reversed: DCF and the child got no notice or hearing, and best interests were ignored.

    …assured fair hearings by a . . . respected court . . . and the recognition, protection, and enforcement of their constitutional and other legal rights.” § 39.001(1)(l), Fla. Stat. (2014). Procedural due process requires “‘fair notice and a real opportunity to be heard.’” C.K., 88 So. 3d at 977 (quoting Borden v. Guardianship…

86. D.B. v. Department of Children & Families 87 So. 3d 1279 · 4D11-3372 · 4th DCA 2012

    Affirmed This opinion cites § 39.001 1 time: (1)(b)

    · cited by 6 in all courts

    Termination affirmed; the father's untreated schizophrenia and years of medication noncompliance threatened the child, so no case plan was needed and termination was least restrictive.

    … (Fla. 4th DCA 1989); In Interest of Baby Boy A, 544 So.2d 1136, 1137 (Fla. 4th DCA 1989). See also In Interest of J.L.P., 416 So.2d at 1252 ; 39.001(1)(b)l, Fla. Stat. (2011) (purpose of chapter 39 includes “[t]o preserve and strengthen the child’s family ties whenever possible, removing the child from parental…

87. In re T.J. 59 So. 3d 1187 · 3D10-1111 · 3rd DCA 2011

    Reversed & remanded This opinion cites § 39.001 1 time: (1)

    · cited by 6 in all courts

    Summary denial of an orphaned immigrant teen's dependency petition reversed, though a majority found the diligent search for her father insufficient.

    …for foreign minors, I must agree that the manner in which that Chapter currently is written may be interpreted to provide an avenue for such use. See § 39.001(1), Fla. Stat. (2010) (stating generally the purpose of Chapter 39 as being to provide for the care, safety and protection of children). Specifically, section…

88. M.B.T. v. Department of Children & Families 976 So. 2d 623 · 5D07-703 · 5th DCA 2008

    Affirmed This opinion cites § 39.001 1 time: (1)(h)

    Termination affirmed because the mother ignored her case plan, rarely visited, was repeatedly jailed, and termination served the children's manifest best interests.

    …Legislature requires *624 that no child remain in foster care longer than one year so that permanent placement may be achieved as soon as possible. See § 39.001(1)(h), Fla. Stat. (2002). At all stages of the proceedings, courts are compelled to expedite proceedings to prevent children from languishing in the foster care…

89. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

    Affirmed This opinion cites § 39.001 1 time: (1)(h)

    · cited by 12 in all courts

    Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

    …to Appellant would be futile. Further, achieving a safe and permanent home expeditiously for children is a primary purpose of Chapter 39. See *505 §§ 39.001(1)(h), 39.013(5), 39.402(14)(e) & 39.621(1), Fla. Stat. (2006). "[A]s between the parent and the child the ultimate welfare of the child itself must be…

90. B.L. v. Department of Children & Families 950 So. 2d 1264 · 5D06-1228 · 5th DCA 2007

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(h)

    · cited by 11 in all courts

    Long-term relative placement reversed because the court applied mere case plan completion rather than the statutory substantial compliance standard.

    …to Chapter 39, Florida Statutes (2006), it is the intent of the Florida Legislature to achieve permanency for every child in the dependency system. § 39.001(1)(h). When it is determined that *1266 reunification with either parent is inappropriate, the court must make a permanency determination for the child. §…

91. In re J.T. 947 So. 2d 1212 · 2D06-1523 · 2nd DCA 2007

    Certiorari / writ denied This opinion cites § 39.001 1 time: (1)(h)

    · cited by 5 in all courts

    Appeals from order letting an adoption agency intervene and transferring the case were treated as certiorari and denied; the dependency court keeps jurisdiction.

    …intent to insure that J.T.'s permanent placement with her biological or adoptive family is achieved within one year of her placement into foster care. § 39.001(1)(h). The Florida Legislature *1219 has also decreed that "[i]f a child will not be reunited with a parent, adoption, under chapter 63, is the primary…

92. E.K. v. Department of Children & Families 948 So. 2d 54 · 3D05-599 · 3rd DCA 2007

    Reversed This opinion cites § 39.001 1 time, the section generally

    · cited by 5 in all courts

    Dependency reversed because DCF failed to prove the father failed to protect the newborn from the mother's drug use or abandoned her.

    …the legislature has reposed in DCF to intervene to provide for the care, safety, and protection of the children of this state when statutorily required. § 39.001, Fla. Stat. (2004). However, it is also well settled that a parent has a fundamental liberty interest in the care, custody, and management of his or her…

93. In re K.M. 946 So. 2d 1214 · 2D06-713 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.001 1 time: (1)(h)

    · cited by 3 in all courts

    Order giving long-term custody to the grandmother is appealable and was reversed because the court did not apply the nonoffending-parent placement statute or find endangerment.

    …would follow. We explain our order here. It is the intent of the Florida Legislature to achieve permanency for every child in the dependency system. § 39.001(1)(h). When it is determined that reunification with either parent is inappropriate, the court must make a permanency determination for the child. § 39.621(1). When…

94. Guardian ad Litem Program v. Department of Children & Families 936 So. 2d 1183 · 5D06-1764 · 5th DCA 2006

    Affirmed This opinion cites § 39.001 1 time: (1)(k)

    · cited by 1 in all courts

    Denial of foster parents' motions for change of placement and visitation affirmed; the earlier placement order was untimely appealed, and keeping siblings together justified it.

    …v. T.L., 854 So.2d 819 (Fla. 4th DCA 2003). We find no abuse of discretion in the trial court's denial of this order, particularly in view of section 39.001(1)(k), Florida Statutes (2005), instructing the courts to make "every possible effort" to place siblings in the same home. AFFIRM. PALMER and LAWSON, JJ.,…

95. G.T. v. Department of Children & Family Services 935 So. 2d 1245 · 1D06-0280 · 1st DCA 2006

    Reversed This opinion cites § 39.001 1 time: (1)(i)

    · cited by 2 in all courts

    Commitment of a dependent teen to residential mental health treatment reversed because DCF offered only hearsay, not competent expert evidence, of an emotional disturbance.

    …which children ... are assured fair hearings ... and the recognition, protection and enforcement of their constitutional and other legal rights”) (quoting § 39.001(l)(i), Fla. Stat. (Supp.1998)), that an evidentiary hearing was constitutionally required before placing a dependent child in a mental health treatment facility, it…

96. T.S. v. Department of Children & Families 935 So. 2d 626 · 1D06-0393 · 1st DCA 2006

    Affirmed This opinion cites § 39.001 1 time: (1)(b)1.

    · cited by 4 in all courts

    Dependency affirmed: the mother knew her boyfriend, a prior child molester, repeatedly touched her daughter's breast area yet failed to protect her.

    …DCA 2003). In the Department's administration of a child protection system, "[t]he health and safety of the children served shall be of paramount concern." § 39.001(1)(b)1., Fla. Stat. (2005). The Supreme Court of Florida has stated that "[t]he purpose of a dependency proceeding is not to punish the offending parent but to…

97. A.B. v. Department of Children & Families 901 So. 2d 324 · 3D04-467 · 3rd DCA 2005

    Affirmed This opinion cites § 39.001 1 time, the section generally

    · cited by 16 in all courts

    Dependency affirmed; the out-of-state child's deposition was admissible despite confrontation claims, and the mother failed to protect her from the stepfather's sexual abuse.

    …& Families, 851 So.2d 689, 691 (Fla.2003). The primary purpose of a petition for dependency is to protect the child, not to punish the caregiver. § 39.001, Fla. Stat. (2003); S.B., 851 So.2d at 693 . Hence, the procedures and goals in dependency proceedings are different in form and function from those in…

98. State v. J.P. 907 So. 2d 1101 · SC02-2288 · Florida Supreme Court 2004

    This opinion cites § 39.001 1 time: (3)

    …at large. Parents have responsibilities. The State already demands a certain threshold level of care under its child neglect statutes. See, e.g., § 39.001(3), Fla. Stat. (2002) (outlining general protections for children); § 39.01, Fla. Stat. (2002) (defining abuse and abandonment). Parents must ensure that their…

99. M.W. v. Department of Children & Family Services 881 So. 2d 734 · 3D03-2281 · 3rd DCA 2004

    Affirmed This opinion cites § 39.001 1 time: (1)(b)1.

    · cited by 4 in all courts

    Dependency of three daughters affirmed: the father's sexual abuse of their stepsister, with no remorse or treatment, created a substantial risk of imminent abuse.

    …39.501(2), Fla. Stat. (2002). In administering the child protection system, "The health and safety of the children served shall be of paramount concern." § 39.001(1)(b)1., Fla. Stat. (2002). Under the statute, a dependent child includes one who is "at substantial risk of imminent abuse, abandonment, or neglect by the parent…

100. I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004

     Reversed & remanded This opinion cites § 39.001 1 time: (1)(h)

     · cited by 18 in all courts

     Foster parents had standing to be heard, and the court must hold a best-interests hearing before moving the child to DCF-selected out-of-state relatives.

     …family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year. (emphasis added) § 39.001(1)(h), Fla. Stat. Here the child remained with the foster parents for longer than one year through no fault or delay on their part. The issues raised by the…

101. Herald-Tribune v. Department of Children & Family Services 873 So. 2d 506 · 2D03-2794 · 2nd DCA 2004

     This opinion cites § 39.001 1 time, the section generally

     · cited by 1 in all courts

     …actions of the Department of Children and Family Services and the court system in providing ... children of this state with the protections enumerated in [s.] 39.001.... However, this subsection does not con *510 travene [s.] 39.202 ..., which protect[s] the name of any person reporting the abuse, neglect, or exploitation…

102. Department of Children & Family Services v. B.Y. 863 So. 2d 418 · 4D03-715 · 4th DCA 2003

     Reversed & remanded This opinion cites § 39.001 1 time: (12)Cited as § 39.001(9) (2002 statutes), now § 39.001(12)

     · cited by 3 in all courts

     Adoption by the grandmother reversed because the trial court could not order DCF to consent or waive its final home study requirement.

     …to work in tandem. Chapter 39 governs proceedings related to children, and its provisions are to be liberally construed based on Florida Statutes section 39.001(9). The provision at issue in the present case is section 39.812(1): If the department is given custody of a child for subsequent adoption in accordance with…

103. Department of Children & Families v. Guardian ad Litem Program 855 So. 2d 688 · 1D03-0607 · 1st DCA 2003

     Affirmed This opinion cites § 39.001 1 time: (1)(a)

     · cited by 1 in all courts

     Affirmed order disapproving DCF's prospective adoptive placement; the court may review the placement's appropriateness and best interests under s. 39.812(4), and evidence supported its findings.

     …intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state’s care.” § 39.001(l)(a), Fla. Stat. (2002). We therefore follow J.C. and hold that the trial court did not exceed its jurisdiction by considering the children’s best interests and…

104. S.H. v. Department of Children & Families 837 So. 2d 1117 · 4D02-2215 · 4th DCA 2003

     Reversed This opinion cites § 39.001 1 time: (12)Cited as § 39.001(9) (2001 statutes), now § 39.001(12)

     · cited by 4 in all courts

     Default dependency disposition against the father reversed because substituted service at the mother's home, where he no longer lived, was invalid despite his actual knowledge.

     …"in a hearing before the court"; he appeared outside the courtroom, before the hearing. Even the "liberal construction" of the statute allowed under section 39.001(9), Florida Statues (2001) does not allow us to ignore the boldfaced prepositions in the preceding sentence. There was no substituted service under section…

105. L.F. v. Department of Children & Family Services 837 So. 2d 1098 · 4D01-4152 · 4th DCA 2003

     Reversed & remanded This opinion cites § 39.001 1 time: (1)(k)

     · cited by 2 in all courts

     Order leaving both children in the father's permanent custody reversed because a stepfather is not a parent or relative and no noncompliance was found.

     …effort, when two or more children who are in the care or under the supervision of the department are siblings, to place the siblings in the same home." § 39.001(1)(k), Fla. Stat. (2002). Although we have concluded that the court was within its discretion in ordering permanent custody of T.F. with her father, the trial…

106. F.G. v. Department of Children & Families 820 So. 2d 1027 · 4D01-3946 · 4th DCA 2002

     Affirmed This opinion cites § 39.001 1 time: (1)(a)

     · cited by 4 in all courts

     Dependency affirmed; the father's ten-year incarceration plus the mother's abuse of another child showed neglect and abandonment; Eighth Amendment cruel-punishment claim rejected.

     … Id. at 96 , 78 S.Ct. 590 . Chapter 39 is not a penal statute. Its purpose is "[t]o provide for the care, safety, and protection of children ...." § 39.001(1)(a), Fla. Stat. (1999). The disposition order does not punish the father. The sanctions imposed are for the purposes of another legitimate governmental…

107. M.C. v. Department of Children & Family Services 814 So. 2d 449 · 4D01-1187 · 4th DCA 2001

     Affirmed This opinion cites § 39.001 1 time: (1)(b)1.

     · cited by 8 in all courts

     Termination of a 15-year-old mother's rights affirmed on egregious conduct; no guardian ad litem for her was required, and no case plan was needed.

     …essential, the child's entitlement to an environment free of physical and emotional violence at the hands of his or her most trusted caretaker is more so); § 39.001(1)(b)(1), Fla. Stat. (1999). We conclude, the DCF was not required by law to attempt to preserve and unify the family unit in this instance, and the trial court did…

108. In re Report of Fam. Ct. Steering Comm. 794 So. 2d 518 · SC00-1410 · Florida Supreme Court 2001

     This opinion cites § 39.001 1 time: (1)

     · cited by 13 in all courts

     …dissolution of marriage." § 61.001(2)(a)-(c). The Committee's principles do not conflict with other legislative policies regarding dependency cases in section 39.001(1), Florida Statutes (2000); delinquency cases in section 985.02, Florida Statutes (2000); or domestic violence cases in section 741.2902, Florida Statutes…

109. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

     Other This opinion cites § 39.001 1 time: (1)(b)

     · cited by 8 in all courts

     Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

     …is not to punish the parents. The paramount concern of the Court and the Legislature is the health and safety of the child or children involved. See § 39.001(1)(b)1, Fla. Stat. (1999). Because of this overriding concern, the mandatory closure of certain proceedings involving children is not an unconstitutional limitation…

110. J.B. v. Department of Children & Family Services 768 So. 2d 1060 · SC95890 · Florida Supreme Court 2000

     Reversed & remanded This opinion cites § 39.001 1 time, the section generally

     · cited by 63 in all courts

     Termination reversed: twenty-four hours' notice of the advisory hearing and denial of counsel violated due process, though consent by default is facially constitutional.

     …and other interested parties are assured fair hearings... and the recognition, protection, and enforcement of their constitutional and other legal rights." § 39.001, Fla. Stat. (1995). Pursuant to chapter 39, parental *1065 rights can only be terminated under certain circumstances. See § 39.464, Fla. Stat. (1995)…

111. State v. Fuchs 769 So. 2d 1006 · SC96766 · Florida Supreme Court 2000

     This opinion cites § 39.001 1 time, the section generallyCited as § 39.002 (1997 statutes), now § 39.001

     · cited by 32 in all courts

     …and guardian responsibilities), lends further support to the conclusion that these provisions are to be read in proper relationship to one other. See §§ 39.002, 984.02, 985.02, Fla. Stat. (1997). In addition, subsection (2) of section 827.04 also supports a finding that the terms at issue here are to be defined by …

112. M.F. v. Department of Juvenile Justice 782 So. 2d 402 · 4D99-2711 · 4th DCA 2000

     Affirmed This opinion cites § 39.001 1 time, the section generally

     · cited by 2 in all courts

     Dismissal affirmed of a mother's dependency petition alleging neglect by the juvenile justice department, which is not a parent or legal custodian under Chapter 39.

     …child custody and to enter any order appropriate to a child's welfare, Henry & Rilla White Found., Inc. v. Migdal, 720 So.2d 568 (Fla. 4th DCA 1998); § 39.001 et seq., Fla. Stat. (1999); it may not dictate how DJJ should run its department or spend its money. This is what Foster was effectively asking the trial…

113. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

     Other This opinion cites § 39.001 1 time: (1)(l)

     · cited by 53 in all courts

     Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

     …by a respectful and respected court or other tribunal and the recognition, protection and enforcement of their constitutional and other legal rights.... § 39.001(1)( l ). The Department assures us that the laws regulating dependency proceedings in Chapter 39 provide ample protections for children. [32] Because placing a child…

114. Arnold v. State 755 So. 2d 796 · 2D98-4857 · 2nd DCA 2000

     This opinion cites § 39.001 1 time: (1)(l)Cited as § 39.001(1)(a) (1997 statutes), now § 39.001(1)(l)

     · cited by 22 in all courts

     …but not criminally so, our child welfare system can provide services to help those children and the adults responsible for them. As set out in section 39.001(1)(a), Florida Statutes *800 (1999), the expressed goal of chapter 39 ("Proceedings Relating to Children") and of the courts enforcing that comprehensive…

115. S.J. ex rel. M.W. v. W.L. 755 So. 2d 753 · 4D99-2724 · 4th DCA 2000

     Affirmed This opinion cites § 39.001 1 time, the section generally

     Affirmed denial of siblings' motion to vacate a foster child's adoption; siblings who never lived with her lacked standing, and removal wasn't in her interest.

     …parents and to provide to all children who can benefit by it a permanent family life, and, whenever possible, to maintain sibling groups. See also § 39.001(k), Fla. Stat. (1997) (providing that the Department should make every possible effort, when two or more children who are in the care or under the supervision of…

116. B.B. v. Department of Children & Families 731 So. 2d 30 · 4D98-3711 · 4th DCA 1999

     This opinion cites § 39.001 1 time, the section generally

     · cited by 5 in all courts

     …the parent only when the child's welfare and safety require it, and providing judicial and other procedures to assure due process to all concerned. See § 39.001, Fla. Stat. (Supp. 1998). Although the child's welfare and best interests must always remain paramount, the courts must also be careful to safeguard parents'…

117. Brown v. Feaver 726 So. 2d 322 · 3D98-227 · 3rd DCA 1999

     This opinion cites § 39.001 1 time, the section generally

     · cited by 7 in all courts

     …of the purposes of the AACWA and the Florida Juvenile Justice Act is to keep children with their families where possible, see 42 U.S.C. § 625 (a)(1)(C); § 39.001(d), Fla. Stat. (1997), the possibility of doing so is largely determined by the resources available to the Department. The legislature has not given the courts…

118. State v. S.C.W. 718 So. 2d 320 · 2D98-00540 · 2nd DCA 1998

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(33) under the 1995 statutes, too old to match to today's subsections.

     …been issued under the new chapter. [3] See § 985.207(3), Fla. Stat.(1997); § 39.0471, Fla. Stat. (1995). [4] See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat. (1995). [5] See § 985.211(2)(a), Fla. Stat. (1997); § 39.038(2)(a), Fla. Stat.(1995). [6] See § 39.049(7), Fla. Stat.(1995). [7] §…

119. State v. S.C.W. 718 So. 2d 320 · 2D98-00540-2 · 2nd DCA 1998

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(33) under the 1995 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …been issued under the new chapter. . See § 985.207(3), Fla. Stat.(1997); § 39.0471, Fla. Stat. (1995). . See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat.(1995). . See § 985.21 l(2)(a), Fla. Stat. (1997); § 39.038(2)(a), Fla. Stat.(1995). . See § 39.049(7), Fla. Stat.(1995). . §…

120. Department of Children & Families v. A.A. 706 So. 2d 367 · 5D97-1086 · 5th DCA 1998

     This opinion cites § 39.001 1 time, the section generally

     · cited by 4 in all courts

     … It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purpose . (emphasis added). § 39.001, Fla. Stat. (Supp.1996). Because the statute logically can be interpreted to provide for commitment for mental health treatment for this child, I am of the…

121. J.K. v. State 695 So. 2d 868 · 4D96-0655 · 4th DCA 1997

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(1)(c) under the 1995 statutes, too old to match to today's subsections.

     · cited by 15 in all courts

     …parents. Due to the youth of the offender, Chapter 39 imposes this limitation on the restitution required by section 775.089 Florida Statutes (1995). See § 39.001(1)(c), Fla. Stat. (1995) (identifying as a purpose of Chapter 39 to provide restitution "whenever" possible). We reverse that portion of the restitution order…

122. Stuberfield v. State 690 So. 2d 636 · 4D95-1198 · 4th DCA 1997

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(5)(a) under the 1995 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …the availability of juvenile services as a consideration. The legislature itself has recognized the deficiency of juvenile treatment programs. See, e.g., § 39.002(5)(a), Fla.Stat. (1995)(reeogniz-ing the “inadequate number of beds for serious or habitual offenders” and the “inadequate number of community and residential…

123. In Interest of A.C. 660 So. 2d 330 · 2D94-02303 · 2nd DCA 1995

     This opinion cites § 39.001 1 time, the section generally

     · cited by 3 in all courts

     …result. State v. Webb, 398 So.2d 820 (Fla. 1981). The purpose of chapter 39 is to provide for the care, safety, and protection of children. § 39.001, Fla. Stat. (1991). While it seems absurd to terminate one parent's rights where the parents continue their relationship as a family, it would be more absurd,…

124. Department HRS v. B.J.M. 656 So. 2d 906 · SC83067 · Florida Supreme Court 1995

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1991 statutes, too old to match to today's subsections.

     · cited by 86 in all courts

     …care, guidance, and control ... which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state." § 39.001(2)(d), Fla. Stat. (1991). [9] Id. (emphasis added). However, it is undisputed that HRS was providing services to B.J.M. pursuant to a permanent placement plan…

125. B.H. v. State 645 So. 2d 987 · SC82361 · Florida Supreme Court 1994

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(4) under the 1990 statutes, too old to match to today's subsections.

     · cited by 74 in all courts

     … a delinquency hearing. Commitment to a juvenile facility is one option the juvenile judge has after the child is adjudicated delinquent. Compare § 39.002(4), Fla. Stat. (Supp. 1990) with § 39.01(18), Fla. Stat. (Supp. 1990) and with § 39.01(45), Fla. Stat. (Supp. 1990). [2] This contrasts with the federal…

126. Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994

     This opinion cites § 39.001 1 time, the section generally

     · cited by 24 in all courts

     …power over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. Hollis, 439 So.2d at 948 ; see, e.g., §§ 39.001, 39.40, 39.404, 39.41, 409.145, Fla. Stat. (1991); see generally In re J.S., 444 So.2d at 1150 . To determine whether the particular activity is an…

127. B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · 3D92-1004 · 3rd DCA 1993

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1991 statutes, too old to match to today's subsections.

     …care, guidance, and control ... which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state." § 39.001(2)(d), Fla. Stat. (1991). B.J.M. has alleged that H.R.S. breached its duty of care to him by failing to provide basic education and counseling. The record on…

128. Coy v. Department of Health & Rehabilitative Services 623 So. 2d 792 · DCA92-3140 · District Court of Appeal 1993

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(b) under the 1991 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …case plan. The purpose of the Juvenile Justice Act is, inter alia, to ensure secure and safe custody of all children in the state’s care. Section 39.001(2)(b), Fla.Stat. (1991). It appears that, because of the serious nature of the offenses perpetrated by the father against his child in this case, the trial court is…

129. State v. F.G. 630 So. 2d 581 · 3D92-1440 · 3rd DCA 1993

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(3)(b) under the 1992 statutes, too old to match to today's subsections.

     …simply "disposition hearing means a hearing provided for under s. 39.9(3), in delinquency cases ..." And in the legislative intent provisions articulated in 39.002(3)(b), added to the statute in 1990, the policy of the state is set forth as "to develop and implement effective programs to prevent delinquency, to divert children…

130. State v. F.G. 630 So. 2d 581 · 3D92-1440-2 · 3rd DCA 1993

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(3)(b) under the 1992 statutes, too old to match to today's subsections.

     · cited by 20 in all courts

     …simply "disposition hearing means a hearing provided for under s. 39.9(3), in delinquency cases ...” And in the legislative intent provisions articulated in 39.002(3)(b), added to the statute in 1990, the policy of the state is set forth as "to develop and implement effective programs to prevent delinquency, to divert children…

131. H.L. v. Woolsey 618 So. 2d 268 · 1D92-907 · 1st DCA 1993

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(4) under the 1992 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …Petitioner argues that there is no provision in Chapter 39 which authorizes detention upon a finding of guilt. On the merits, the State argues that section 39.002(4) implicitly authorizes detention prior to disposition as that statute reads in pertinent part: The Legislature finds that detention under the provision of…

132. In Interest of R. 591 So. 2d 1130 · 4D90-3177 · 4th DCA 1992

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(50) under the 1989 statutes, too old to match to today's subsections.

     · cited by 11 in all courts

     …to the extent that the well-being and safety of the child will not be endangered upon the child's being returned to the child's parent or guardian." Section 39.001(50), Fla. Stat. (1989). Appellant maintains that she did in fact substantially comply with the terms of the performance agreements. The record is clear,…

133. Marion County v. Johnson 586 So. 2d 1163 · 5D90-752 · 5th DCA 1991

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.002(8) under the 1989 statutes, too old to match to today's subsections.

     · cited by 7 in all courts

     …counsel for a child can be provided in a dependency proceeding. D.B., at 91 (Trial judge may use his historical authority to provide legal assistance.); § 39.002(8), Fla. Stat. (1989) (It is the goal of the legislature that children of the state be provided with an independent, trained advocate when intervention is…

134. Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · 1D90-2475 · 1st DCA 1991

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(b) under the 1989 statutes, too old to match to today's subsections.

     · cited by 10 in all courts

     …HRS have a clear right to receive necessary medical and mental health services and the Department has no discretion to withhold such services. See section 39.001(2)(b). However, the information that the court is entitled to obtain must necessarily be limited to information relevant to the issues before it. We agree with…

135. Caso v. Department of Health & Rehabilitative Services 569 So. 2d 466 · 3D89-677 · 3rd DCA 1990

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(b) under the 1989 statutes, too old to match to today's subsections.

     · cited by 9 in all courts

     … (Fla. 4th DCA 1989); In Interest of Baby Boy A, 544 So.2d 1136, 1137 (Fla. 4th DCA 1989). See also In Interest of J.L.P., 416 So.2d at 1252 ; § 39.001(2)(b), Fla. Stat. (1989) (purpose of chapter 39 includes "[t]o assure to all children ... the care ... which will best serve the ... welfare of the child... ."). …

136. In Interest of J.A. 561 So. 2d 356 · 3D89-1739 · 3rd DCA 1990

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(b) under the 1989 statutes, too old to match to today's subsections.

     · cited by 12 in all courts

     … 419 U.S. 866 , 95 S.Ct. 121 , 42 L.Ed.2d 103 (1974)]." In the Interest of J.L.P., 416 So.2d 1250, 1252 (Fla. 4th DCA 1982); see also § 39.001(2)(b), Fla. Stat. (1989) (purposes of chapter 39 include "[t]o assure to all children ... the care ... which will best serve the ... welfare of the child... .").…

137. State v. M.G. 550 So. 2d 1122 · 3D88-251 · 3rd DCA 1989

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1985 statutes, too old to match to today's subsections.

     …matters. State v. C.C., 476 So.2d 144 (Fla. 1985). The goal of the Florida Juvenile Justice Act is rehabilitation rather than retribution. See § 39.001(2), Fla. Stat. (1985). The Act's procedures expedite the disposition of charges. State v. C.C., 476 So.2d at 146 . Although the legislature's objective was…

138. State v. M.G. 550 So. 2d 1122 · DCA88-251 · District Court of Appeal 1989

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1985 statutes, too old to match to today's subsections.

     · cited by 16 in all courts

     …matters. State v. C.C., 476 So.2d 144 (Fla.1985). The goal of the Florida Juvenile Justice Act is rehabilitation rather than retribution. See § 39.001(2), Fla.Stat. (1985). The Act’s procedures expedite the disposition of charges. State v. C.C., 476 So.2d at 146 . Although the legislature’s objective was…

139. Dupes v. Department of Health & Rehabilitative Services 536 So. 2d 311 · 1DBR-426 · 1st DCA 1988

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1985 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …clause. One of the declared purposes of Chapter 39 (Florida Juvenile Justice Act) is the protection of society, as evidenced by language found in section 39.001(2), which speaks of the necessity for removal of a child from custody of his parents "only when his welfare or the safety and protection of the public cannot be…

140. Russell v. Wanicka 524 So. 2d 1077 · DCA87-1480 · District Court of Appeal 1988

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(a) under the 1985 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …(whether felony or misdemeanor). The goal of the delinquency alternative is to provide a rehabilitative disposition, as opposed to a punitive disposition. § 39.001(2)(a), Fla.Stat. (1985). Appellants raise an alternative theory as to why the trial court was in error in ordering forfeiture: summary judgment was improper…

141. In Interest of I.B.J. 497 So. 2d 1265 · 5D86-8 · 5th DCA 1986

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(c) under the 1985 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …whenever possible, removing the child from the custody of the parents only when the child's welfare cannot be adequately safeguarded without such removal. § 39.001(2)(c), Fla. Stat. (1985). As this court stated in In re Adoption of Braithwaite, 409 So.2d 1178 (Fla. 5th DCA 1982): The severance of a parent-child…

142. In Interest of N.C. 479 So. 2d 200 · 1DBF-255 · 1st DCA 1985

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1983 statutes, too old to match to today's subsections.

     …to remain in the State of Florida, Department of Health and Rehabilitative Services." No disposition was made with respect to the third child. Section 39.001(2)(d), Florida Statutes (1983), recognizes that chapter 39 juvenile proceedings must accord with constitutional standards of fundamental fairness. Section…

143. Monteiro v. State 477 So. 2d 45 · DCA85-692 · District Court of Appeal 1985

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1983 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …§ 39.409, Fla.Stat. (1983); A.T.P. v. State, 427 So.2d 355 (Fla. 5th DCA 1983); A.Z. v. State, 383 So.2d 934 (Fla. 5th DCA 1980). See also § 39.001(2)(d), Fla.Stat. (1983); In re A.D.J., 466 So.2d 1156 (Fla. 1st DCA 1985). Accordingly, the adjudication of dependency is reversed and the cause remanded…

144. State v. C.C. 476 So. 2d 144 · SC64354 · Florida Supreme Court 1985

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1981 statutes, too old to match to today's subsections.

     …they are separate proceedings and are controlled by chapter 39, Florida Statutes. The purposes of the Florida Juvenile Justice Act are set out in subsection 39.001(2) and include, among other things, a substitution for retributive punishment methods of offender rehabilitation. The procedures call for expeditious handling of…

145. State v. C.C. 476 So. 2d 144 · SC64354-2 · Florida Supreme Court 1985

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1981 statutes, too old to match to today's subsections.

     · cited by 69 in all courts

     …they are separate proceedings and are controlled by chapter 39, Florida Statutes. The purposes of the Florida Juvenile Justice Act are set out in subsection 39.001(2) and include, among other things, a substitution for retributive punishment methods of offender rehabilitation. The procedures call for expeditious handling of…

146. In re A.G.N. 460 So. 2d 498 · DCAAX-147 · District Court of Appeal 1984

     This opinion cites § 39.001 1 time, the section generally

     · cited by 1 in all courts

     …purposes of chapter 39, those being the preservation and strengthening of the child’s family ties, and the safeguarding of the child’s welfare, section 39.001, we carefully and conscientiously scrutinized the record before us only to conclude that the trial court did not abuse its discretion in finding A.G.N., Jr.,…

147. A.O. v. State 456 So. 2d 1173 · SC63974 · Florida Supreme Court 1984

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(a) under the 1981 statutes, too old to match to today's subsections.

     …of the legislature in chapter 39 to balance the interests of society and the juvenile and to avoid retributive punishment whenever reasonably possible. § 39.001(2)(a) et seq., Fla. Stat. (1981). Our holding does not detract from or modify R.M.P. v. Jones . While an adjudication of delinquency is not a permissible…

148. Lambert v. Doe 453 So. 2d 844 · 1DAS-152 · 1st DCA 1984

     This opinion cites § 39.001 1 time, the section generally

     · cited by 14 in all courts

     …were inadmissible by reason of any failure to properly caution or advise Sean of his rights. [3] The purposes of Chapter 39, which are stated in Section 39.001 are, in summary, to protect society by substituting, whenever possible, methods of rehabilitation for retributive punishment; to assure proper home…

149. State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983

     This opinion cites § 39.001 1 time, the section generally

     · cited by 16 in all courts

     …Florida statutes delegate power over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. See generally ss. 39.001, 39.40, 39.404, 39.41, 409.168, 409.145, Florida Statutes (1981). When such an overlap of powers occurs, the legitimate exercise of powers by one branch, in…

150. Department of Health & Rehabilitative Services v. Lancione 430 So. 2d 970 · DCA82-964 · District Court of Appeal 1983

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(c) under the 1981 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …from her parents. Chapter 39 specifically provides that one of its purposes is to “preserve and strengthen the child’s family ties whenever possible.” § 39.001(2)(c), Fla.Stat. (1981). Hard cases make bad law. I am very much aware that an affirmance in this case might mean that this three-year-old child is returned to…

151. Fruh v. Department of Health & Rehabilitative Services 430 So. 2d 581 · 5D83-1 · 5th DCA 1983

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(3) under the 1981 statutes, too old to match to today's subsections.

     · cited by 14 in all courts

     …psychological evaluations as a reasonable preliminary step in determining the need for family or psychological counseling. The department points to section 39.001(3), which states that chapter 39 should be liberally construed in conformity with its declared purposes, and argues that a juvenile judge needs to have the…

152. In Interest of J.P. 405 So. 2d 497 · 4D79-487 · 4th DCA 1981

     This opinion cites § 39.001 1 time, the section generally

     · cited by 8 in all courts

     …his chances of becoming a happy and well adjusted member of society. In Re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967); [2] § 39.001, Fla. Stat. (1977). For the most part, the differences in treatment are far more favorable to the offender treated in the juvenile system than in the adult…

153. G.D.W. v. State 395 So. 2d 638 · 2D80-383AND80-1131 · 2nd DCA 1981

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(e) under the 1979 statutes, too old to match to today's subsections.

     …Act, that "all findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standard of fundamental fairness." § 39.001(2)(e), Fla. Stat. (1979). The requirement unquestionably is meant to facilitate intelligent appellate review. Accord, Woods v. State, 369 So.2d 632 (Fla.…

154. State v. G.D.M. 394 So. 2d 1017 · SC58762 · Florida Supreme Court 1981

     This opinion cites § 39.001 1 time, the section generally

     · cited by 7 in all courts

     …unlawfully depriving the juvenile court of jurisdiction of that offense, in contravention to the purposes of the juvenile court set forth in Florida Statute 39.001... . * *1018 An order clarifying the original order of dismissal also recites that the statute violates substantive due process and equal protection of…

155. G.A. v. State 391 So. 2d 720 · 1DOO-475 · 1st DCA 1980

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1979 statutes, too old to match to today's subsections.

     …than on fixing criminal responsibility, guilt and punishment. Kent v. United States, 383 U.S. 541 , 86 S.Ct. 1045 , 16 L.Ed.2d 84 (1966); Section 39.001(2), Fla. Stat. (1978 Supp.). The legislature and the Supreme Court have recognized that in order to effectuate this policy and insure that a juvenile is properly…

156. G.A. v. State 391 So. 2d 720 · 5DOO-175 · 5th DCA 1980

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2) under the 1979 statutes, too old to match to today's subsections.

     · cited by 8 in all courts

     …than on fixing criminal responsibility, guilt and punishment. Kent v. United States, 383 U.S. 541 , 86 S.Ct. 1045 , 16 L.Ed.2d 84 (1966); Section 39.001(2), Fla.Stat. (1978 Supp.). The legislature and the Supreme Court have recognized that in order to effectuate this policy and insure that a juvenile is properly…

157. R.B.S. v. Capri 384 So. 2d 692 · 3D80-817 · 3rd DCA 1980

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(c) under the 1979 statutes, too old to match to today's subsections.

     · cited by 12 in all courts

     …from the custody of his parents only when his welfare or the safety and protection of the public cannot be adequately safeguarded without such removal; . ." § 39.001(2)(c), Fla. Stat. (1979). That purpose was not served in the present case. For the foregoing reasons, we have granted the writ of habeas corpus. NOTES [1] …

158. A.Z. v. State 383 So. 2d 934 · 5DOO-215/T1-114 · 5th DCA 1980

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1979 statutes, too old to match to today's subsections.

     …hearing are not to be held together without the prior consent of the parent, § 39.408(2); (5) Parties are entitled to procedures to insure a fair hearing, § 39.001(2)(d).

159. Interest of A.Z. v. State 383 So. 2d 934 · DCAOO-215/T1-114 · District Court of Appeal 1980

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(2)(d) under the 1979 statutes, too old to match to today's subsections.

     · cited by 18 in all courts

     …hearing are not to be held together without the prior consent of the parent, § 39.408(2); (5) Parties are entitled to procedures to insure a fair hearing, § 39.001(2)(d).

160. State ex rel. Register v. Safer 368 So. 2d 620 · 1DMM-374 · 1st DCA 1979

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(4) under the 1978 statutes, too old to match to today's subsections.

     · cited by 19 in all courts

     …foresee every potential conflict or inconsistent *623 area within a piece of massive legislation such as the revision of Chapter 39. In Part I, Section 39.001(4), it is stated: It is the intent of the legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes. …

161. In Interest of Hutchins 345 So. 2d 703 · SC48306 · Florida Supreme Court 1977

     This opinion cites § 39.001 1 time, the section generally

     · cited by 7 in all courts

     … (1967), and Breed v. Jones, 421 U.S. 519 , 95 S.Ct. 1779 , 44 L.Ed.2d 346 (1975). ENGLAND and HATCHETT, JJ., concur. NOTES [1] Section 39.001, Florida Statutes, provides: " Purposes. — The purposes of this chapter are: (1) To protect society more effectively by substituting for retributive…

162. State v. D.H. 340 So. 2d 1163 · SC47298 · Florida Supreme Court 1976

     This opinion cites § 39.001 1 time, a subsectionAlso cites § 39.001(1) under the 1975 statutes, too old to match to today's subsections.

     · cited by 15 in all courts

     …for retributive punishment methods of training and treatment directed toward the correction and rehabilitation of children who violate the laws." Section 39.001(1). This common law presumption concerning crimes has no place in juvenile proceedings because its application in cases such as those at bar can very well…

163. K.P. v. State 327 So. 2d 820 · 1DZ-343 · 1st DCA 1976

     This opinion cites § 39.001 1 time, the section generally

     …who violate the laws and to provide for the care, guidance and control which will be conducive to the child's welfare and the best interests of society. (F.S. 39.001) Such purposes do not conform to the generally accepted characteristics of the "criminal process". In fact, it was the very attempt to depart from the…

164. In Interest of K.P. v. State 327 So. 2d 820 · DCAZ-343 · District Court of Appeal 1976

     This opinion cites § 39.001 1 time, the section generally

     · cited by 10 in all courts

     …who violate the laws and to provide for the care, guidance and control which will be conducive to the child’s welfare and the best interests of society. (F.S. 39.001) Such purposes do not conform to the generally accepted characteristics of the “criminal process”. In fact, it was the very attempt to depart from the…

165. A.D.T. v. State 318 So. 2d 478 · 1DX-330 · 1st DCA 1975

     This opinion cites § 39.001 1 time, the section generally

     …are the purposes of the chapter of the Florida Statutes relating to the judicial treatment of juveniles as expressed by the Florida *480 Legislature in F.S. 39.001. The four purposes listed are: "(1) To protect society more effectively by substituting for retributive punishment methods of training and treatment…

166. A.D.T. v. State 318 So. 2d 478 · DCAX-330 · District Court of Appeal 1975

     This opinion cites § 39.001 1 time, the section generally

     · cited by 8 in all courts

     …are the purposes of the chapter of the Florida Statutes relating to the judicial treatment of juveniles as expressed by the Florida *480 Legislature in F.S. 39.001. The four purposes listed are: “(1) To protect society more effectively by substituting for retributive punishment methods of training and treatment…

167. F.B. v. State 319 So. 2d 77 · 1DX-39 · 1st DCA 1975

     This opinion cites § 39.001 1 time, the section generally

     …child shall have been obtained, the court shall retain jurisdiction, unless relinquished by order, until the child reaches twenty-one years of age, ..." § 39.001, Florida Statutes, lists, among other purposes of the chapter, the following: "(3) To assure that a child removed from the control of the child's parent…

168. F.B. v. State 319 So. 2d 77 · DCAX-39 · District Court of Appeal 1975

     This opinion cites § 39.001 1 time, the section generally

     · cited by 7 in all courts

     …child shall have been obtained, the court shall retain jurisdiction, unless relinquished by order, until the child reaches twenty-one years of age, . . .” § 39.001, Florida Statutes, lists, among other purposes of the chapter, the following: “(3) To assure that a child removed from the control of the child’s parent…

169. Ponce v. Children's Home Society of Florida 97 So. 2d 194 · CL7488499 · Florida Supreme Court 1957

     This opinion cites § 39.001 1 time, the section generallyCited as § 39.20 (1956 statutes), now § 39.001

     · cited by 10 in all courts

     …from the custody of the parents of the child, that the child be placed in an approved family home and be made a member of the family by adoption.” Sec. 39.20. We indulge the presumption, as we must, that the Juvenile and Domestic Relations Court Judge will perform his duties as contemplated trader Chapter 39 to…

170. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

     Rule amendment This opinion cites § 39.001 1 time: (3)

     …39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(4), Fla. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019). …

171. In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a) 770 So. 2d 152 · SC96265 · Florida Supreme Court 2000

     Rule amendment This opinion cites § 39.001 1 time, the section generally

     · cited by 1 in all courts

     …should prevail over trial court proceedings. (45) The case in which the trial date has been first set should take precedence. . See, e.g., § 39.001 (h) — (j), Fla.Stat. (1999) (recognizing permanent placement for dependent children as one purpose of Chapter 39); § 39.701(8)(f), Fla.Stat. (1999) (requiring…

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1. Rule 65C-9.002 Definitions. Implements
2. Rule 65C-9.003 Procedure for Handling Undocumented Foreign National Children Alleged to Be Abused, Neglected or Abandoned. Implements
3. Rule 65C-15.021 Services to Families and Children in Foster Care. (1)(d)cites (1)

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1. CFOP 60-5, ch. 12 Drug-Free Workplace p. 1 (2)(d)
2. CFOP 170-1 Florida Child Welfare Practice Model p. 7p. 170 (113)
3. CFOP 170-8 Plan of Safe Care for Infants Affected by Prenatal Substance Use p. 7

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