Procedures and jurisdiction; right to counsel; guardian ad litem.§ 39.013
Related court rules: Rule 8.201 Commencement of proceedings · Rule 8.205 Transfer of cases · Rule 8.255 General provisions for hearings · Rule 8.260 Orders · Rule 8.320 Providing counsel to parties · Rule 8.517 Withdrawal and appointment of attorney · Rule 8.203 · Rule 8.215 · Rule 8.270 · Rule 8.315 · Rule 8.435 · Rule 8.515
91 opinions cite § 39.013
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B.B. v. Department of Children & Families 731 So. 2d 30 · 4D98-3711 · 4th DCA 1999
· cited by 5 in all courts
…it denied the mother's motion to set the case for trial. Apparent throughout Chapter 39 is the legislative intent that dependency cases be expedited. Section 39.013(5), Florida Statutes (Supp.1998), provides that the circuit court "shall expedite the judicial handling of all cases when the child has been removed from the…
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J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015
· 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.
…procedures.” Id. at 753-54. Under Florida statutory law, parents have a right to counsel in both dependency and TPR proceedings. §§ 39.013(1), (9)(a), Fla. Stat. (2011). In In re D.B., 385 So. 2d 83, 87 (Fla. 1980), however, this Court addressed the question of whether state provision of counsel…
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S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003
· 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.
…right to counsel at all stages of a dependency proceeding, and if a parent is indigent and wishes to have representation, counsel must be appointed. See § 39.013(1), Fla. Stat. (2001). Subsection (9)(a) of section 39.013 provides: At each stage of the proceedings under this chapter, the court shall advise the parents of…
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B.D. v. C.D. 4D2024-1355-2 · 4th DCA 2025
Dismissal of grandparents' guardianship petitions affirmed because the ongoing dependency custody order takes precedence and grandparents have no due process right to custody.
…(citing Beltway Cap., LLC v. Greens COA, Inc., 153 So. 3d 330, 332 (Fla. 5th DCA 2014); Lande v. Lande, 2 So. 3d 378, 380 (Fla. 4th DCA 2008)). Section 39.013(4), Florida Statutes (2024), provides: Orders entered pursuant to this chapter which affect the placement of, access to, parental time with,…
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B.D. v. C.D. 4D2024-1493-2 · 4th DCA 2025
Dismissal of grandparents' guardianship petitions affirmed because the ongoing dependency custody order takes precedence and grandparents have no due process right to custody.
…(citing Beltway Cap., LLC v. Greens COA, Inc., 153 So. 3d 330, 332 (Fla. 5th DCA 2014); Lande v. Lande, 2 So. 3d 378, 380 (Fla. 4th DCA 2008)). Section 39.013(4), Florida Statutes (2024), provides: Orders entered pursuant to this chapter which affect the placement of, access to, parental time with,…
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In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…court that is properly exercising jurisdiction in a dependency case from addressing the validity of a birth mother's consent to an adoption. Indeed, section 39.013(2), Florida Statutes (2004), provides that the circuit court in which a dependency proceeding is filed has "exclusive original jurisdiction" of all proceedings…
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Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005
· cited by 27 in all courts
Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.
…court that is properly exercising jurisdiction in a dependency case from addressing the validity of a birth mother’s consent to an adoption. Indeed, section 39.013(2), Florida Statutes (2004), provides that the circuit court in which a dependency proceeding is filed has “exclusive original jurisdiction” of all proceedings…
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Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998
· cited by 13 in all courts
…VI" of Chapter 39 pertaining to dependency, families and children in need of services, children in foster care, and termination of parental rights. See § 39.40(2), Fla. Stat. (1995). In delinquency cases, jurisdiction attaches "to the child and the case when the summons is served upon the child ... or when the child is…
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L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997
· cited by 4 in all courts
…does not permit an interpretation argued by appellants whereby we would extend juvenile jurisdiction to L.Y. by reading it in para materia with section 39.40(2), Florida Statutes. Nor do sections 39.41(2)(a)10 and 39.45, Florida Statutes, change our view. Section 39.01(10), Florida Statutes, defines children as…
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B.D. v. C.D. 4D2024-1493 · 4th DCA 2025
Dismissal of grandparents' guardianship petitions affirmed because the dependency court's custody order took precedence, and grandparents, who never sought party status, had no due process right.
…(citing Beltway Cap., LLC v. Greens COA, Inc., 153 So. 3d 330, 332 (Fla. 5th DCA 2014); Lande v. Lande, 2 So. 3d 378, 380 (Fla. 4th DCA 2008)). Section 39.013(4), Florida Statutes (2024), provides: Orders entered pursuant to this chapter which affect the placement of, access to, parental time with,…
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B.D. v. C.D. 4D2024-1355 · 4th DCA 2025
Dismissal of grandparents' guardianship petitions affirmed because the dependency court's custody order took precedence, and grandparents, who never sought party status, had no due process right.
…(citing Beltway Cap., LLC v. Greens COA, Inc., 153 So. 3d 330, 332 (Fla. 5th DCA 2014); Lande v. Lande, 2 So. 3d 378, 380 (Fla. 4th DCA 2008)). Section 39.013(4), Florida Statutes (2024), provides: Orders entered pursuant to this chapter which affect the placement of, access to, parental time with,…
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K.R. v. Department of Children & Families 4D22-3378 · 4th DCA 2023
Termination affirmed because the father forfeited appointed counsel by his hostility and non-cooperation with five appointed attorneys.
…“[w]e review a claim of deprivation of procedural due process de novo.” I.T. v. Dep’t of Child. & Fams., 338 So. 3d 6, 9 (Fla. 3d DCA 2022). Section 39.013, Florida Statutes (2022), governs a parent’s right to court-appointed counsel in a chapter 39 action and explains the procedure for waiving that right, as…
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C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022
Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.
…division from hearing the chapter 63 TPR petition. A circuit court has "exclusive original jurisdiction" over children in chapter 39 proceedings. § 39.013(2) ("The circuit court has exclusive original jurisdiction of all proceedings under this chapter, of a child voluntarily placed with a licensed…
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K.D. v. In re: in the Interest of P.P., R.P., and L.P. 3D21-2420 · 3rd DCA 2022
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.
…over jurisdiction, this court found the trial court had temporary emergency jurisdiction pursuant to section 61.517(1), Florida Statutes, and section 39.013(2), Florida Statutes. Id. at 546–47. In accord with this precedent, and in the absence of parallel proceedings in Ohio or any other State, we conclude the…
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Zamperla v. Pope 120 So. 3d 132 · 2D13-513 · 2nd DCA 2013
Contempt order reversed because one circuit court cannot punish violation of a dependency order entered in another county; remanded to consider the father's paternity counterpetition.
…modify the dependency order entered in Manatee County. The circuit court found that it had jurisdiction to rule on the Mother’s petition pursuant to section 39.013(4), Florida Statutes (2012), it granted the motion for contempt, and it ordered that the parties resume time sharing provided for in the dependency order. The…
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D.D. v. Department of Children & Families 849 So. 2d 473 · 4D03-160 · 4th DCA 2003
· cited by 1 in all courts
Dependency adjudication affirmed; the 30-day deadline for the adjudicatory hearing in s. 39.507(1)(a) is directory, not mandatory, so dismissal was not required.
…paramount to the parent's interest. Moreover, unlike the Jimmy Ryce Act, Chapter 39 contains exceptions to the time limitations contained therein. Section 39.013(10) allows for reasonable periods of delay as the result of continuances granted to the parents or the child's guardian, the unavailability of witnesses or…
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S.C.T.A. v. Department of Children & Families 3D2026-0791 · 3rd DCA 2026
Motions to dismiss denied; the grandmother's appeal of the denial of her adoption review is not moot and she may appeal despite the finalized adoption.
… A The Department contends the appeal is moot because I.D.T.M. has been adopted by his nonrelative caregivers. It posits that though section 39.013(2), Florida Statutes (2025), confers jurisdiction on the circuit court 4 when an initial shelter, dependency, or…
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B.S. v. Department of Children & Families 246 So. 3d 479 · 1D17-2515 · 1st DCA 2018
· 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.
…chapter” (emphasis added). Chapter 39 sets out requirements for dependency proceedings, which again, are governed by the Rules of Juvenile Procedure. See § 39.013(1), Fla. Stat. (“All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in [chapter 39] shall be conducted according to the Florida…
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Department of Children & Families v. J.D. 198 So. 3d 960 · 5D16-1739-2 · 5th DCA 2016
Dismissal of DCF's child-abuse injunction petition for lack of jurisdiction reversed; the dependency court may hear section 39.504 injunctions without an open dependency case.
…when, inter alia, “a petition for an injunction to prevent child abuse issued pursuant to [section] 39.504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may also be triggered when DCF files a dependency petition, it is clear 'that an open dependency…
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Department of Children & Families v. J.D. 5D16-1739 · 5th DCA 2016
Dismissal of DCF's child-abuse injunction petition for lack of jurisdiction reversed; the dependency court may hear section 39.504 injunctions without an open dependency case.
…when, inter alia, “a petition for an injunction to prevent child abuse issued pursuant to [section] 39.504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may also be triggered when DCF files a dependency petition, it is clear that an…
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D.V. v. Department of Children & Families 186 So. 3d 1101 · 4D15-3445 · 4th DCA 2016
· cited by 1 in all courts
Termination reversed because the court held the manifest best interests hearing without the father's counsel and never advised him of his right to counsel.
…of that right is a violation of due process. See J.B. v. Fla. Dep’t of Children & Family Servs., 768 So. 2d 1060, 1068 (Fla. 2000). Pursuant to section 39.013, Florida Statutes (2015): (9)(a) At each stage of the proceedings under this chapter, the court shall advise the parents of the right to counsel.…
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In re B.R.C.M. 182 So. 3d 749 · 3D15-0962 · 3rd DCA 2015
· 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.
…consideration of the petition and application by federal authorities,” until the earlier . of a final decision or the child’s twenty second (22nd) birthday. § 39.013(2)(d), Fla. Stat.(2013). So there can be no doubt that the Legislature contemplated — and has in fact compelled — consideration of these “private petitions.” For…
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G.W. v. Department of Children & Families 92 So. 3d 307 · 3D12-1233 · 3rd DCA 2012
· cited by 1 in all courts
Shelter order quashed because the court did not advise the father of his right to counsel or appoint counsel before proceeding with the shelter hearing.
…makes it clear that “if indigent, ... parents have the right to be represented by appointed counsel ... pursuant to the procedures set forth in s[ection] 39.013 [of the Florida Statutes].” *309 Section 39.013 of the Florida Statutes (2011), provides: (1) All procedures, including petitions, pleadings, subpoenas,…
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A.G. v. Department of Children & Families 65 So. 3d 1180 · 1D11-2298 · 1st DCA 2011
· cited by 6 in all courts
Certiorari granted and the shelter order quashed because the court never advised the father of his right to counsel or obtained a waiver before proceeding.
…The statutes and rules governing shelter hearings are replete with language requiring counsel at this critical stage of the dependency process: • Section 39.013(1), Florida Statutes (2010) — requiring that all Chapter 39 hearings — including shelter hearings— be construed under the Florida Rules of Juvenile Procedure…
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In re A.G. 40 So. 3d 908 · 3D10-1265 · 3rd DCA 2010
· cited by 3 in all courts
Certiorari granted because an indigent non-offending father is entitled to appointed counsel in a dependency case; conflict certified with the Fifth District.
…the essential requirements of law in denying the father's motion. See Justice Admin. Comm'n v. Peterson, 989 So.2d 663 (Fla. 2d DCA 2008). Section 39.013(1), Florida Statutes (2010), does not add to the definition of "parent" the added restriction imposed by the Fifth District in C.L.R ., that only a parent…
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L.R. v. J.F. 960 So. 2d 836 · 4D06-4003 · 4th DCA 2007
Custody order reversed because the mother had a right to appointed counsel in the retained dependency case and the child should have testified.
…unequivocally: Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. § 39.013(1), Fla. Stat. (2006). The trial court may elect to retain jurisdiction over a child even after protective supervision has been terminated, until the child…
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L.R. v. J.F. 960 So. 2d 836 · 4D4B06-4003 · 4th DCA 2007
· cited by 1 in all courts
Custody order reversed because the mother had a right to appointed counsel in the retained dependency case and the child should have testified.
…unequivocally: Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. . § 39.013(1), Fla. Stat. (2006). The trial court may elect to retain jurisdiction over a child even after protective supervision has been terminated, until the child…
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Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006
Dependency against the custodian affirmed: the court had jurisdiction despite the foreign mother not being joined, though DCF must address the child's immigration status.
…v. State, Dep’t of Health & Rehabilitative Servs., 641 So.2d 957, 961 (Fla. 3rd DCA), review denied, 649 So.2d 870 (Fla.1994). Pursuant to section 39.013(2), Florida Statutes (2005), circuit courts have “exclusive original jurisdiction” of dependency actions brought under Chapter 39. This section further provides…
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C.L.R. v. Department of Children & Families 913 So. 2d 764 · 5D03-3323 · 5th DCA 2005
· cited by 3 in all courts
Father remained a party entitled to notice and a hearing on reunification despite DCF's oral dismissal, but had no right to appointed counsel.
…form in 1998 as part of Chapter 98-403, § 23, Laws of Florida, and now states that "Parents who are unable to afford counsel must be appointed counsel." § 39.013(1), Fla. Stat. (2003). The reference to "parents" appears to refer to those parents who are respondents; parents against whom allegations of the acts or…
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Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994
· cited by 24 in all courts
…(Fla. 1953); Pollack v. Pollack, 159 Fla. 224, 226 , 31 So.2d 253, 254 (1947); In re J.S., 444 So.2d 1148, 1149-50 (Fla. 5th DCA 1984). Section 39.40(2), Florida Statutes (1991), codifies the court's inherent power to exercise continuing jurisdiction over dependent children. The inherent authority of the…
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In re F.B. 534 So. 2d 899 · DCA88-369 · District Court of Appeal 1988
· cited by 1 in all courts
…Waddell. 1 The father contends that it was error for the trial court to dismiss his petition for lack of jurisdiction. We agree and reverse. Section 39.40, Florida Statutes (1987) provides that jurisdiction over dependency proceedings lies in the circuit courts: 39.40 Procedures and jurisdiction.— ****** …
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In Interest of K.A.B. 483 So. 2d 898 · 5D85-712 · 5th DCA 1986
· cited by 20 in all courts
…has appointed with respect to the placement of a child over which the court has jurisdiction in a place the court has determined to be suitable. Section 39.40(2), Florida Statutes, provides: ... When the jurisdiction of any child who has been found to be dependent is obtained, the court shall retain jurisdiction,…
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Julian v. Lee 473 So. 2d 736 · 5D85-329 · 5th DCA 1985
· cited by 4 in all courts
…(1983), no comparable provision has been adopted for dependency proceedings. See section 39.404 and section 39.408, Florida Statutes (1983). Section 39.40 provides that all procedures, including hearings, in dependency cases shall be according to the *739 Florida Rules of Juvenile Procedure unless otherwise…
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In Interest of J.R.T. 427 So. 2d 251 · 5D81-1434 · 5th DCA 1983
· cited by 13 in all courts
…that the trial court could have conducted *253 termination proceedings on its own authority. A trial court has continuing jurisdiction under section 39.40(2), Florida Statutes (1981), over a child adjudicated dependent. Inherent in this statutory grant of jurisdiction is the trial court's authority to order that…
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Department of Children & Families v. J.B. 2D23-1796 · 2nd DCA 2024
Certiorari granted, order quashed: Chapter 39 does not let a relative seeking placement and adoption intervene as a party; she may only be a participant.
…977–78. "Dependency proceedings are governed by [c]hapter 39, Florida Statutes, and Florida Rules of Juvenile Procedure." S.T., 353 So. 3d at 1247; see also § 39.013; Fla. R. Juv. P. 8.000. The statute and rule "limit[] the parties to a juvenile proceeding." See J.L., 687 So. 2d at 977. Other interested persons are …
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Department of Children & Families v. J.B. 2D2023-1796 · 2nd DCA 2024
Certiorari granted and the order quashed because a great aunt seeking to adopt is a participant, not a party, and cannot intervene as a party.
…977–78. "Dependency proceedings are governed by [c]hapter 39, Florida Statutes, and Florida Rules of Juvenile Procedure." S.T., 353 So. 3d at 1247; see also § 39.013; Fla. R. Juv. P. 8.000. The statute and rule "limit[] the parties to a juvenile proceeding." See J.L., 687 So. 2d at 977. Other interested persons are …
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D.P. v. Department of Children & Families 2D2022-3836 · 2nd DCA 2023
Order denying the father's reunification motion was quashed because it lacked written findings on each s. 39.621(10)(c) factor, and no rehearing motion was needed to preserve the issue.
…proceedings under chapter 39, Florida Statutes, "shall be conducted according to Florida Rules of Juvenile Procedure unless otherwise provided by law." § 39.013(1), Fla. Stat. (2022). While we recognize that Family Law Rule of Procedure 12.530(a) was recently amended to require the filing of a motion for rehearing to…
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K.N. v. Department of Children & Families 4D22-2273 · 4th DCA 2023
Denial of intervention to former foster parents affirmed since they were only participants; their appeal of the placement change was dismissed for lack of standing.
…Therefore, we apply a de novo standard of review. All chapter 39 dependency proceedings are governed by the Florida Rules of Juvenile Procedure. § 39.013(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.000. This includes MOP hearings. § 39.522(2), Fla. Stat. (2022); Fla. R. Jud. P. 8.345(a). Appellants argue that…
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E.S. v. L.G. 1D20-0458 · 1st DCA 2020
Order changing the child's placement from the father was affirmed; section 39.522 governs, and the Chapter 61 time-sharing factors do not apply in dependency cases.
…indicates that “the best interest of the child shall be the primary consideration.” See § 61.13(3), Fla. Stat. We reject the father’s argument. Section 39.013(1) specifically provides that all procedures in chapter 39 shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by…
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J.S.H. v. Department of Children & Families 268 So. 3d 186 · 2D17-5072 · 2nd DCA 2018
Denial of the biological father's joinder reversed; he was entitled to an evidentiary hearing on standing under Kendrick despite the mother's intact marriage.
…228 So. 3d 628, 630 n.3 (Fla. 2d DCA 2017). However, we will refer to the motion as it is titled. -4- 39.013(4), Florida Statutes (2017), orders of the dependency court take precedence over those in other civil actions. Because the dependency court's…
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Department of Children & Families v. T.S. 154 So. 3d 1223 · 4D14-3629 · 4th DCA 2015
· 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.
…the court shall retain jurisdiction, unless relinquished by its order, until the child reaches [twenty-one] years of age,” subject to a few exceptions. § 39.013(2), Fla. Stat. (2014). Had the trial court eventually adjudicated the child dependent, it would not have been divested of jurisdiction over the child upon her…
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E.M.J. v. Department of Children & Families 124 So. 3d 246 · 1D13-2056 · 1st DCA 2013
Injunction to prevent child abuse reversed because DCF conceded the court did not hold a full evidentiary hearing; jurisdiction after adoption was upheld.
…to hold an evidentiary hearing once appellant objected to the injunction. Contrary to appellant’s assertion, the trial court had jurisdiction under section 39.013(2), Florida Statutes (2012), to hear the Department’s motion for an *247 injunction, which was filed before entry of the final judgment of adoption. See In re…
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V.A. v. Department of Children & Families 114 So. 3d 391 · 4D13-775 · 4th DCA 2013
Disposition order reversed on the agency's concession because the father was not given counsel or a proper waiver of counsel.
…the father in sufficient detail to ascertain that the waiver is made knowingly, intelligently and voluntarily, and make its findings in writing. See § 39.013(9)(a), Fla. Stat. (2012); see also A.G. v. Florida Dep’t. of Children & Families, 65 So.3d 1180, 1183 (Fla. 1st DCA 2011) (holding that “the trial court…
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MT v. Department of Children & Families 10 So. 3d 1182 · 3D09-55 · 3rd DCA 2009
Dependency adjudication vacated on DCF's concession because the court failed to appoint trial counsel for the mother as required.
…against the Appellant. Because the trial court erred in failing to appoint the mother trial counsel to represent her at trial as required by section 39.013(9)(a), Florida Statutes (2008), see M.D. v. Dep’t of Children & Family Servs., 6 So.3d 115 (Fla. 2d DCA 2009), we vacate the order of adjudication…
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In re C.S. 6 So. 3d 115 · 2D08-2661 · 2nd DCA 2009
Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.
…829 (Fla. 2d DCA 2008) (discussing due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(1)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for…
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M.D. v. Department of Children & Family Services 6 So. 3d 115 · 2D08-2661-2 · 2nd DCA 2009
· cited by 2 in all courts
Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.
… (Fla. 2d DCA 2008) (discussing • due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(l)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for…
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In re A.W.P., Jr. 10 So. 3d 134 · 2D08-4165 · 2nd DCA 2009
Treating the appeal as certiorari, the court quashed an order barring the father's visitation entered without real notice or opportunity to be heard.
…a real opportunity to be heard. In addition, the father and the Department agree that the trial court did not address the father's right to counsel as section 39.013(9)(a), Florida Statutes (2008), requires. It is undisputed that Dougherty served her Motion for Order Approving Educational Plans on the father, who lives in New…
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A.W.P. v. Department of Children & Family Services 10 So. 3d 134 · 2D08-4165-2 · 2nd DCA 2009
· cited by 18 in all courts
Treating the appeal as certiorari, the court quashed an order barring the father's visitation entered without real notice or opportunity to be heard.
…a real opportunity to be heard. In addition, the father and the Department agree that the trial court did not address the father’s right to counsel as section 39.013(9)(a), Florida Statutes (2008), requires. It is undisputed that Dougherty served her Motion for Order Approving Educational Plans on the father, who lives in New…
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In re C.J. 987 So. 2d 828 · 2D07-5990 · 2nd DCA 2008
Termination reversed on concessions that abandonment and best interests were unproven; court voiced concern over lack of counsel advice, notice and a case plan.
…the Mother in August 2007, prior to that time it appears that the Mother was not properly advised of her right to counsel at all appropriate stages. See § 39.013(1), Fla. Stat. (2005) (requiring the trial court to inform parents of their right to counsel in dependency proceedings at each stage of the proceedings and to…
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Justice Administrative Com'n v. Peterson 989 So. 2d 663 · 2D07-6075 · 2nd DCA 2008
· cited by 16 in all courts
Order making the state pay appointed counsel for a nonparent grandfather custodian quashed because only indigent parents have a right to appointed counsel in dependency.
…the grandfather because he is a nonparent acting in loco parentis. Neither does Mr. Peterson's client have a statutory right to appointed counsel. Section 39.013(9)(a), Florida Statutes (2006), establishes the statutory right to counsel in dependency proceedings against indigent parents: "At each stage of the proceedings…
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A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007
· 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.
…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 controlling." State ex…
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B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006
· cited by 3 in all courts
Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.
…possible, determine the identity of the minor child's father. Consequently, this determination is material to the dependency proceeding. For example, section 39.013 requires both parents to be advised of their right to counsel at each stage of the dependency proceedings. Section 39.502 requires all parents to be…
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E.T. v. Department of Children & Families 930 So. 2d 721 · 4D04-1450 · 4th DCA 2006
· cited by 12 in all courts
Dismissal of the father's habeas petition claiming ineffective counsel at his termination trial affirmed; no evidentiary hearing was required and no collateral mechanism was shown.
…constitutional due process clause, Florida statutes provide for court-appointed counsel in all dependency proceedings, including a TPR proceeding. See § 39.013(9)(a), Fla. Stat. (2002). Our supreme court's most recent statement on collateral challenges regarding counsel's effectiveness in dependency proceedings is S.B.…
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L.G. v. Department of Children & Families 917 So. 2d 1015 · 1D04-2238 · 1st DCA 2006
· cited by 2 in all courts
Denial of the father's habeas petition reversed and a belated appeal from the termination order granted, with counsel to be appointed if he qualifies.
…R.App. P. 9.141(c)(5)(D). The circuit court shall appoint counsel to represent the appellant in that appeal, if he qualifies for such appointment. See § 39.013(9), Fla. Stat. KAHN, C.J., ALLEN and WEBSTER, JJ., concur.
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Department of Children & Families v. J.J.E. 901 So. 2d 215 · 5D05-364 · 5th DCA 2005
· cited by 3 in all courts
Prohibition granted: a father's claim that his termination was void for lack of service belongs in the original termination court, not a separate habeas judge.
…jurisdiction and shall retain jurisdiction of a child until the child's eighteenth birthday or unless relinquished by that court. §§ 39.01(16) and (18); 39.013(2), Florida Statutes (2004). 3. We agree with DCF that were we to deny the petitioner's request for a writ of prohibition and remand to the circuit court below…
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E.K. v. Department of Children & Family Services 874 So. 2d 720 · 2D03-5797 · 2nd DCA 2004
· cited by 1 in all courts
Reversed an order compelling paternity testing of a Pennsylvania man with no Florida ties; the court lacked personal jurisdiction to determine his paternity.
…the circuit court’s conclusion that its jurisdiction over the child in a dependency action is irrelevant to personal jurisdiction over the parents. Section 39.013(2) confers upon the circuit court original jurisdiction in dependency proceedings. And, as stated in section 39.506(3), “[fjailure of a person served with notice…
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D.F. v. Department of Children & Family Services 877 So. 2d 733 · 3D03-1478 · 3rd DCA 2004
· cited by 1 in all courts
Termination reversed because denying continuances once the incarcerated mother was located, and allowing only brief counsel contact, denied her a meaningful opportunity to respond.
…the prisoner to appear telephonieally). The trial court could have permitted a reasonable period of time for D.F. to present her own witnesses. See § 39.013(10), Fla. Stat. (2002)(allowing for reasonable periods of delay that result from a continuance granted at the party’s request). The trial court’s decision to…
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K.H. v. Department of Children & Family Services 846 So. 2d 544 · 3D01-2113 · 3rd DCA 2003
· cited by 2 in all courts
Termination reversed for lack of clear and convincing evidence after a two-year delay and confusion over the case plan; jurisdiction and venue claims were rejected.
…jurisdiction of all proceedings [under] this chapter.... Jurisdiction attaches when ... a *547 child is taken into the custody of the Department." § 39.40(2), Fla. Stat. (1997). Furthermore, the Uniform Child Custody Jurisdiction and Enforcement Act [UCCJA], which applies to dependency proceedings, see §…
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Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002
· cited by 8 in all courts
DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.
…to exercise its review powers in analyzing the appropriateness of a DCF proposed adoptive placement. See § 39.812(4), Fla. Stat. (2001). See also, §§ 39.013(2), 39.812, 39.813, Fla. Stat. (2001). This is evidenced by the plain language of Section 39.812(4), which states that the court "shall retain jurisdiction…
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S.B. v. Department of Children & Families 825 So. 2d 1057 · 4D01-13 · 4th DCA 2002
· cited by 1 in all courts
Denial of the mother's late collateral attack affirmed; no right to competent counsel in dependency, and she consented by skipping arraignment (conflicts with First District).
… NOTES [1] Indigent parents have the right to counsel in all dependency cases and parents who are unable to afford counsel must be appointed counsel. § 39.013(1), Fla. Stat. (1999).
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In re BB 820 So. 2d 409 · 3D02-1667 · 3rd DCA 2002
· cited by 5 in all courts
Certiorari granted and shelter order barring all contact between mother and child quashed because the recycled and minor allegations could not show abuse.
…order entered in a family court proceeding can never be altered by an order of a dependency court That is clearly not the law, nor should it be. Section 39.013, Fla. Stat. (2001). Should legally sufficient evidence ever be presented to DCF that this child is in danger of abuse, abandonment or neglect by either …
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D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553 · 4th DCA 2002
Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.
…venue, and this appeal followed. Chapter 39, Florida Statutes (2001), Proceedings Relating to Children, does not contain any venue provisions. Section 39.013(2) authorizes the circuit court to assert exclusive jurisdiction over dependency proceedings under chapter 39, but it says nothing expressly about venue. D.M.…
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D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553-2 · 4th DCA 2002
· cited by 7 in all courts
Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.
…venue, and this appeal followed. Chapter 39, Florida Statutes (2001), Proceedings Relating to Children, does not contain any venue provisions. Section 39.013(2) authorizes the circuit court to assert exclusive jurisdiction over dependency proceedings under chapter 39, but it says nothing expressly about venue. D.M.…
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L.W. v. Department of Children & Families 812 So. 2d 551 · 1D01-368 · 1st DCA 2002
· cited by 20 in all courts
Parents are entitled to competent appointed counsel in dependency proceedings and may challenge counsel's competence by habeas corpus; remanded to consider the petitions on the merits.
…the importance of the interests at stake, the legislature has extended the right to counsel to indigent parents in all dependency proceedings. See § 39.013(1) & (8)(a), Fla. Stat. (1999). It is undisputed that, because both parents faced felony criminal charges involving allegations of child abuse and neglect, they…
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S.E.R. v. J.R. 803 So. 2d 861 · 4D01-4142 · 4th DCA 2002
Certiorari dismissed: dependency custody orders take precedence over a domestic violence injunction custody award, but petitioners showed no irreparable harm from denial of dismissal.
…the circuit court below may not enforce its custody *862 award because precedence is given to the custody orders entered in the dependency case. See §§ 39.013(4), 39.521(3)(b)1., Fla. Stat. (2001); Fla. R. Juv. P. 8.260(d). However, petitioners have failed to establish that the circuit court’s denial of the motion to…
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A.W.P. v. State 787 So. 2d 76 · 2D97-4362 · 2nd DCA 2001
…concedes that A.W.P., Sr.’s rights were violated by the trial court’s failure to inform him of his right to counsel at each stage of the proceedings. § 39.013(9)(a), Fla. Stat. (1997); In re Interest of D.M., 750 So.2d 128 (Fla. 2d DCA 2000); In re Interest of S.N.D., 605 So.2d 1340 (Fla. 2d DCA 1992).…
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M.M. v. Department of Health & Rehabilitative Services 679 So. 2d 39 · DCA94-03361 · District Court of Appeal 1996
· cited by 1 in all courts
…Thus the trial court retains jurisdiction until the child reaches eighteen years of age, unless jurisdiction is relinquished by order of the trial court. § 39.40(2), Fla. Stat. (1993). The trial court has not relinquished jurisdiction in this case. The nonfinal order is not an appeal-able nonfinal order under Florida…
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T.H. v. Department of Health & Rehabilitative Services 661 So. 2d 403 · 1D95-531 · 1st DCA 1995
… PER CURIAM. Appellant, T.H., the mother of an infant daughter who was adjudicated dependent by the trial court under Chapter 39, Part III, section 39.40, et seq., Florida Statutes (1993), appeals the adjudication/disposition order entered in the dependency proceeding which, among other things, requires the…
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Jett v. State 605 So. 2d 926 · 5D90-257 · 5th DCA 1992
· cited by 5 in all courts
…for victims of child abuse for the benefit of the abuser. [6] § 415.512, Fla. Stat. (1989). [7] §§ 382.703; 827.04; 827.05, Fla. Stat. (1989). [8] § 39.40-39.409; §§ 39.46-39.468, Fla. Stat. (1989). [9] Sexual battery clearly may be the basis for a child abuse charge, but all sexual battery prosecutions…
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S.N. v. State 529 So. 2d 1156 · 1D88-670 · 1st DCA 1988
· cited by 1 in all courts
…should be denied. Reversed and remanded for further proceedings consistent with this opinion. SMITH, C.J., and ZEHMER, J., concur. NOTES [1] Section 39.40(1), Florida Statutes, expressly provides that all procedures in dependency cases shall be according to the Florida Rules of Juvenile Procedure unless otherwise…
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In the Interest of S.N. v. State 529 So. 2d 1156 · DCA88-670 · District Court of Appeal 1988
· cited by 10 in all courts
…should be denied. Reversed and remanded for further proceedings consistent with this opinion. SMITH, C.J., and ZEHMER, J., concur. . Section 39.40(1), Florida Statutes, expressly provides that all procedures in dependency cases shall be according to the Florida Rules of Juvenile Procedure unless otherwise…
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Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988
· cited by 9 in all courts
…grounds, 373 U.S. 379 , 83 S.Ct. 1322 , 10 L.Ed.2d 428 (1963). The Committee summarized the HRS dependency proceedings as follows: Sections 39.40-39.415, Florida Statutes, are the basic legislation giving rise to dependency cases in Florida. A child who is found to be dependent is, under § 39.01, …
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In Interest of J.S. 444 So. 2d 1148 · 5D83-156 · 5th DCA 1984
· cited by 4 in all courts
…exceptional common law jurisdiction of courts of chancery to act on the court's *1150 own volition to protect the interests of infants. In addition section 39.40(2), Florida Statutes, explicitly recognizes the continuing jurisdiction of the juvenile court over a child adjudicated to be dependent. The proper exercise of…
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State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983
· cited by 16 in all courts
…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 this…
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Fruh v. Department of Health & Rehabilitative Services 430 So. 2d 581 · 5D83-1 · 5th DCA 1983
· cited by 14 in all courts
…not warranted. [3] Chapter 39, however, does not provide the exclusive procedure for dealing with every situation arising in a dependency action. Section 39.40(1) specifically directs that all procedures in dependency cases shall be according to the Florida Rules of Juvenile Procedure unless otherwise governed by law.…
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Department of Health & Rehabilitative Services v. M.W. 424 So. 2d 56 · 1DAN-108 · 1st DCA 1982
· cited by 4 in all courts
…was competent record evidence that M.W.'s parents were rehabilitated to the point that the child no longer required supervision and protection under Section 39.40, et seq., Florida Statutes (1981). However, by granting legal custody, the court in effect entered an order dissolving M.W.'s dependency status, as is its…
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Department of Health & Rehabilitative Services v. J.W.A. 421 So. 2d 25 · DCAAI-244 · District Court of Appeal 1982
…case, in which the circuit court finally denied a Department of Health and Rehabilitative Services petition to declare an abused child dependent, sections 39.40, et seq., Florida Statutes (1981), and granted the petition by the half-brother of the infant’s unmarried 16-year-old mother, and his wife, to adopt the…
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In Interest of C.M.H. 413 So. 2d 418 · 1DAE-88 · 1st DCA 1982
· cited by 22 in all courts
…commitment is included in Section 39.41, F.S. "Powers of Disposition". Therefore, it is another form of disposition and is not an adjudication. (2) Section 39.40(2), F.S., states that when the Court obtains jurisdiction of any child found to be dependent, the Court shall retain jurisdiction, unless relinquished by its…
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Matter of Adoption of Cottrill 388 So. 2d 302 · 3D79-2258 · 3rd DCA 1980
· cited by 13 in all courts
…and placed in others whenever the parents' neglect or abuse makes that action necessary for the best interests of the child. Section 39.01(9) and Sections 39.40, et seq., Florida Statutes (Supp. 1978). But grounds which may legally justify depriving a natural parent of custody do not necessarily constitute grounds for…
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Solomon v. McLucas 382 So. 2d 339 · 2D79-769 · 2nd DCA 1980
· cited by 26 in all courts
…and placed in others whenever the parents' neglect or abuse makes that action necessary for the best interests of the child. Section 39.01(9) and Sections 39.40, et seq., Florida Statutes (Supp. 1978). But grounds which may legally justify depriving a natural parent of custody do not necessarily constitute grounds for…
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Office of the Public Defender of the Ninth Judicial Circuit v. Baker 371 So. 2d 684 · DCA78-2444 · District Court of Appeal 1979
· cited by 1 in all courts
…to grant the motion to withdraw filed by the Public Defender. PROHIBITION GRANTED. DOWNEY, C. J., concurs. CROSS, J., dissents without opinion. . § 39.40-39.414 Fla.Stat. (Supp.1978).
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In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018
…§§ 3, 8, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch. 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of Fla. (amending §§ 39.013(2), 39.402(8)(c), 39.507(7)(b), 39.521(1)(a), 39.522(2), (3), 39.6035(4), 39.801(3)(a), Fla. Stat.; effective July 1, 2017). …
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In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018
…of rule 8.435 (Reinstatement of Jurisdiction for Young Adult) is in response to chapter 2017-151, section 3, Laws of Florida, which amended section 39.013(2), Florida .Statutes (2016), to extend the court’s jurisdiction over a child with a 'disability who is in foster care until that child reaches the age of 22.…
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In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017
…J.B., etc. v. Florida Department of Children and Families, 170 So. 3d 780 (Fla. 2015). A parent’s right to appointed counsel is governed by sections 39.013(9)a. and 27.511, Florida Statutes. - 22 - RULE 8.525 ADJUDICATORY HEARINGS (a) – (h) [no change] …
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…by the judge, see section 39.0132(5), Florida Statutes (2012), and to list the types of orders over which a dependency order takes precedence, see section 39.013(4), Florida Statutes (2012). The title of rule 8.285 (Contempt) is amended to reflect that the rule addresses only criminal contempt proceedings, and new rule…
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In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005
· cited by 1 in all courts
…TO EXTEND JURISDICTION OR TO REINSTATE JURISDICTION AND TO SCHEDULE HEARING I, .....(name, address, and date of birth)..... request the court, under section 39.013(2), Florida Statutes to ..... extend jurisdiction, or *609 ..... reinstate jurisdiction, and to schedule a hearing in this matter. 1. I am currently…
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Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…motion for continuance, extension, or waiver of time in dependency and termination of parental rights proceedings. This amendment conforms the rule to section 39.013(10), Florida Statutes (2004). Rule 8.290, Dependency Mediation, is amended to delete the language “unless waived by all parties and approved by the court,” from…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…rights proceedings. For example, Chapter 98-403, section 23, Laws of Florida, amends section 39.40, Florida Statutes (1997), renumbering it as section 39.013, to provide that at each stage of Chapter 39 proceedings, the court shall advise specified persons of the right to counsel, and addresses the appointment of…
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In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024
…program has been appointed” from the list of individuals who are considered parties. Section 6 of chapter 2024-70, Laws of Florida, amended section 39.013(11), Florida Statutes (2023), to now require a court -2- to appoint a guardian ad litem at the earliest possible…
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In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023
…8.979 (Summons for Advisory Hearing), and 8.982 (Notice of Action for Advisory Hearing). 1 The amendments reflect changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506, 39.521, and 39.801, Florida Statutes, made by chapter 2023-302, Laws of Florida, which went into effect on June 27, 2023.…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018
…JURISDICTION AND TO SCHEDULE HEARING I, .....(name, address, and date of birth)..... request the court, under section 39.013(2), Florida Statutes to ..... extend jurisdiction, or ..... reinstate jurisdiction, and to schedule a hearing in this matter. …
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(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in this chapter shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. Parents who are unable to afford counsel must be appointed counsel.
(2) The circuit court has exclusive original jurisdiction of all proceedings under this chapter, of a child voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the department, and of the adoption of children whose parental rights have been terminated under this chapter. Jurisdiction attaches when the initial shelter petition, dependency petition, or termination of parental rights petition, or a petition for an injunction to prevent child abuse issued pursuant to s. 39.504, is filed or when a child is taken into the custody of the department. The circuit court may assume jurisdiction over any such proceeding regardless of whether the child was in the physical custody of both parents, was in the sole legal or physical custody of only one parent, caregiver, or some other person, or was not in the physical or legal custody of any person when the event or condition occurred that brought the child to the attention of the court. When the court obtains jurisdiction of any child who has been found to be dependent, the court shall retain jurisdiction, unless relinquished by its order, until the child reaches 21 years of age, or 22 years of age if the child has a disability, with the following exceptions:
(a) If a young adult chooses to leave foster care upon reaching 18 years of age.
(b) If a young adult does not meet the eligibility requirements to remain in foster care under s. 39.6251 or chooses to leave care under that section.
(c) If a young adult petitions the court at any time before his or her 19th birthday requesting the court’s continued jurisdiction, the juvenile court may retain jurisdiction under this chapter for a period not to exceed 1 year following the young adult’s 18th birthday for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided.
(d) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings for the child shall be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction terminates upon the final decision of the federal authorities. Retention of jurisdiction in this instance does not affect the services available to a young adult under s. 409.1451. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday.
(3) When a child is under the jurisdiction of the circuit court pursuant to this chapter, the circuit court assigned to handle dependency matters may exercise the general and equitable jurisdiction over guardianship proceedings under chapter 744 and proceedings for temporary custody of minor children by extended family under chapter 751.
(4) Orders entered pursuant to this chapter which affect the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for a minor child shall take precedence over other orders entered in civil actions or proceedings. However, if the court has terminated jurisdiction, the order may be subsequently modified by a court of competent jurisdiction in any other civil action or proceeding affecting placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same minor child.
(5) The court shall expedite the resolution of the placement issue in cases involving a child who has been removed from the parent and placed in an out-of-home placement.
(6) The court shall expedite the judicial handling of all cases when the child has been removed from the parent and placed in an out-of-home placement.
(7) Children removed from their homes shall be provided equal treatment with respect to goals, objectives, services, and case plans, without regard to the location of their placement.
(8) For any child who remains in the custody of the department, the court shall, within the month which constitutes the beginning of the 6-month period before the child’s 18th birthday, hold a hearing to review the progress of the child while in the custody of the department.
(9)(a) At each stage of the proceedings under this chapter, the court shall advise the parents of the right to counsel. The court shall appoint counsel for indigent parents. The court shall ascertain whether the right to counsel is understood. When right to counsel is waived, the court shall determine whether the waiver is knowing and intelligent. The court shall enter its findings in writing with respect to the appointment or waiver of counsel for indigent parents or the waiver of counsel by nonindigent parents.
(b) Once counsel has entered an appearance or been appointed by the court to represent the parent of the child, the attorney shall continue to represent the parent throughout the proceedings. If the attorney-client relationship is discontinued, the court shall advise the parent of the right to have new counsel retained or appointed for the remainder of the proceedings.
(c)1. A waiver of counsel may not be accepted if it appears that the parent is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.
2. A waiver of counsel made in court must be of record.
3. If a waiver of counsel is accepted at any hearing or proceeding, the offer of assistance of counsel must be renewed by the court at each subsequent stage of the proceedings at which the parent appears without counsel.
(d) This subsection does not apply to any parent who has voluntarily executed a written surrender of the child and consents to the entry of a court order terminating parental rights.
(10) Court-appointed counsel representing indigent parents at shelter hearings shall be paid from state funds appropriated by general law.
(11) The court shall appoint a guardian ad litem at the earliest possible time to represent a child throughout the proceedings, including any appeals. The guardian ad litem may represent the child in proceedings outside of the dependency case to secure the services and benefits that provide for the care, safety, and protection of the child.
(12) The department shall be represented by counsel in each dependency proceeding. Through its attorneys, the department shall make recommendations to the court on issues before the court and may support its recommendations through testimony and other evidence by its own employees, employees of its contractors, employees of its contractor’s subcontractors, or from any other relevant source.
(13) Except as otherwise provided in this chapter, an individual’s appearance or attendance at dependency proceedings may be through his or her physical appearance or attendance or, by agreement of the parties or at the discretion of the court, through audio or audio-video communication technology, unless the court determines that appearance through audio or audio-video communication technology is inconsistent with the United States Constitution, the State Constitution, a statute, a rule of court, or a court order.
History. s. 20, ch. 78-414; s. 5, ch. 84-311; s. 4, ch. 87-289; s. 4, ch. 90-306; s. 2, ch. 92-158; s. 3, ch. 94-164; s. 5, ch. 95-228; s. 8, ch. 98-280; s. 24, ch. 98-403; s. 7, ch. 99-193; s. 16, ch. 2000-139; s. 1, ch. 2002-216; s. 1, ch. 2005-179; s. 3, ch. 2005-239; s. 3, ch. 2006-86; s. 5, ch. 2006-194; s. 2, ch. 2012-178; s. 2, ch. 2013-178; s. 4, ch. 2014-224; s. 3, ch. 2017-151; s. 2, ch. 2023-77; s. 1, ch. 2023-302; s. 6, ch. 2024-70.