Dependency Law Finder

1. Guardian ad Litem Program v. Department of Children & Families 5D23-0279 · 5th DCA 2023

   Affirmed in part, reversed in part This opinion cites § 39.0132 7 times: (3)

   Certiorari granted in part: birth parents with a proper interest may see dependency records, but grandparents may not see records solely about the other child.

   …to trigger our jurisdiction. See DecisionHR USA, Inc. v. Mills, 341 So. 3d 448, 452 (Fla. 2d DCA 2022). 3 Section 39.0132(3), Florida Statutes (2021), governs the inspection of court records in dependency cases. It provides, in pertinent part: All court records required…

2. Florida Pub. Co. v. Brooke 576 So. 2d 842 · 1D90-3459 · 1st DCA 1991

   This opinion cites § 39.0132 6 times, a subsectionCited as § 39.411 (1989 statutes), now § 39.0132Also cites § 39.411(3), 39.411(4) under the 1989 statutes, too old to match to today's subsections.

   · cited by 10 in all courts

   …APPLICABILITY OF STATUTORY PROVISIONS We next address the question of whether the action of the trial judge was authorized by statute. Sections 39.408(2)(c) and 39.411(3) and (4) concern the closure and confidentiality of juvenile dependency proceedings and records. A. Section 39.408(2)(c), Florida Statutes Section…

3. C.E.B. v. Birken 566 So. 2d 907 · DCA90-0900 · District Court of Appeal 1990

   This opinion cites § 39.0132 5 times, a subsectionAlso cites § 39.411(3), 39.411(2) under the 1987 statutes, too old to match to today's subsections.

   · cited by 1 in all courts

   …to be per *909 formed by the respondent — the trial judge below. The very dispute which is presented here, over the interpretation, inter alia, of section 39.411(3), Florida Statutes (1987), clearly demonstrates that the questions of whether to allow petitioner to review the “official records” in the juvenile proceedings,…

4. City of Plant City v. Department of Children & Family Services 101 So. 3d 407 · 2D11-4366 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.0132 4 times: (3)

   · cited by 2 in all courts

   A city defending a wrongful-death suit showed a proper interest in inspecting the child's confidential dependency records; denial reversed, and the nonparty's appeal was proper.

   …a motion in the dependency proceeding seeking to inspect the court records concerning J.B. By statute, dependency court records are not public. Section 39.0132(3), Florida Statutes (2011), provides in pertinent part as follows: The clerk shall keep all court records required by this chapter separate from other records…

5. Stanfield v. Department of Children & Families 698 So. 2d 321 · 3D96-3259 · 3rd DCA 1997

   This opinion cites § 39.0132 4 times, a subsectionAlso cites § 39.411(3), 39.411(4) under the 1996 statutes, too old to match to today's subsections.

   · cited by 4 in all courts

   …the Florida Statutes provides that court records filed in the context of a termination of parental rights action are to be kept confidential. [4] Subsection 39.411(3) which governs dependency proceedings tracks the language of 39.471(3). Nothing in the record in the instant case indicates that the Appellant published any…

6. C.H.-c. v. Miami Herald Publishing Co. 262 So. 3d 226 · 3D18-1421 · 3rd DCA 2018

   Certiorari / writ denied This opinion cites § 39.0132 3 times: (3)

   Certiorari denied; the court properly let a newspaper obtain a redacted transcript of a dependency judicial review hearing as a person with a proper interest.

   …not be open to inspection by the public unless the court allows “persons deemed by the court to have a proper interest therein” to inspect those records.2 § 39.0132(3), Fla. Stat. (2018). Further, “except as otherwise provided, nothing in this section prohibits the publication of the proceedings in a hearing.” § 39.507(3),…

7. R.L.F. v. Department of Children & Families 63 So. 3d 902 · 5D11-444 · 5th DCA 2011

   Certiorari / writ denied This opinion cites § 39.0132 3 times: (3), and the section generally

   · cited by 1 in all courts

   Stepfather's mandamus petition denied: party-status request was moot, and as a non-parent he had no clear legal right to confidential DCF records.

   …access to investigative reports from DCF, but the trial court ruled that he lacked standing to obtain the reports because he is not a parent. Section 39.0132 of the Florida Statutes governs access to court records: 39.0132 Oaths, records, and confidential information.— [[Image here]] (3) The…

8. J.I. v. Department of Children & Families 922 So. 2d 405 · 4D05-3921 · 4th DCA 2006

   Affirmed This opinion cites § 39.0132 3 times: (4), (4)(a)

   Termination affirmed: the Sunshine Law does not apply to DCF permanency staffings, and the father's case plan failure and residence with the mother supported termination.

   …R. 65C-13.020(2). However, all records and proceedings regarding dependency and termination proceedings are confidential and exempt from disclosure. See §§ 39.0132(4) and 39.809(4), Fla. Stat. The permanency staffing review is not a meeting of a board or commission within the meaning of the Sunshine Law. See Occidental…

9. Guardian ad Litem Program v. Alberto 3D22-0801 · 3rd DCA 2022

   Certiorari / writ granted This opinion cites § 39.0132 2 times: (3), (4)

   Certiorari granted quashing orders compelling confidential Chapter 39 records for a rule 1.540 petition, because the court never inspected them in camera or found necessity.

   …of the records at issue in such cases must be maintained at all times unless exempt from disclosure as set forth by law.3 3 For example, section 39.0132(3) and (4), Florida Statutes (2021) provide: (3) The clerk shall keep all court records required by this chapter separate from other records of…

10. C.G. v. R.C. 1D18-4552 · 1st DCA 2019

    This opinion cites § 39.0132 2 times: (3)

    …be appropriate to grant [counsel] access to the dependency file because [counsel] did not act as [the mother’s] attorney in the dependency case.” Section 39.0132(3), Florida Statutes, is the operative statute, but nothing in the statute limits which attorney of the parent has access to the dependency file. Moreover, it is…

11. Department of Health & Rehabilitative Services v. A.N. 604 So. 2d 11 · DCA92-1105 · District Court of Appeal 1992

    This opinion cites § 39.0132 2 times, a subsectionAlso cites § 39.411(3), 39.411(4) under the 1991 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …we issued an order to show cause. No reason has been advanced and we cannot find one that prohibits a guardian ad litem from waiving the benefit of sections 39.411(3) and (4), Florida Statutes (1991) of confidentiality on behalf of the minors. Consequently, we conclude that the circuit court was acting within its…

12. Powell v. Foxman 528 So. 2d 91 · DCA88-988 · District Court of Appeal 1988

    This opinion cites § 39.0132 2 times, a subsectionAlso cites § 39.411(6), 39.411(3) under the 1987 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …that the public interest in confidentiality in juvenile proceedings outweighs the defendant’s right to access to the witnesses’ prior statements. Section 39.411(6), Florida Statutes (1987), states that “No court record of proceedings under this chapter [Proceedings Relating to Juveniles] shall be admissible in evidence…

13. A.R. v. Department of Children & Families 2D20-2477-2 · 2nd DCA 2022

    Reversed & remanded This opinion cites § 39.0132 1 time: (3)

    Order striking a biological sibling's filings and sibling-visitation motion was reversed because due process required notice and a hearing on whether her participation served the child's best interests.

    …legislatively crafted definitions that apply and whether the statutorily created proceeding contains a recognizable basis for involvement. 2 See § 39.0132(3), Fla. Stat. (2020). 3 See § 39.502(17) (requiring reasonable notice of all proceedings and hearings under that chapter be provided to…

14. A.R. v. Department of Children & Families 2D20-2477 · 2nd DCA 2021

    Reversed & remanded This opinion cites § 39.0132 1 time: (3)

    Order striking a sibling's filings seeking sibling visitation reversed because due process required notice and a hearing on whether her participation served the child's interests.

    … We recognize that dependency proceedings are confidential1 and that the persons entitled to notice of the pleadings therein and 1 See § 39.0132(3), Fla. Stat. (2020). 5 the right to participate in those proceedings is limited.2 With the limitations of the dependency…

15. C.H.-c. v. Miami Herald Publishing Co. 248 So. 3d 1234 · 3D18-0504 · 3rd DCA 2018

    Dismissed This opinion cites § 39.0132 1 time: (3)

    Appeals and certiorari dismissed because the order giving a newspaper in camera review of a dependency hearing transcript was non-final and caused no irreparable harm.

    …Chapter 39 proceedings are not accessible to the public except “upon order of the court by persons deemed by the court to have a proper interest therein.” § 39.0132(3), Fla. Stat (2017). 2 In the order under review, the trial court held the Miami Herald and the reporter…

16. D.C. v. J.M. 133 So. 3d 1080 · 3D13-3158 · 3rd DCA 2014

    Certiorari / writ granted This opinion cites § 39.0132 1 time: (3)

    · cited by 7 in all courts

    Certiorari granted, quashing an order giving foster parents unfettered access to all dependency court files, which violated the privacy of the parents and siblings.

    …the foster parents. The order in this case did not exclude any such records, thus jeopardizing the constitutional (Art. I, § 23, Fla. Const.) and statutory (§ 39.0132(3), Fla. Stat. (2013)) rights of the natural parents and siblings to privacy and confidentiality. The foster parents rely on an alleged right to intervene in…

17. Tele. v. Fla. Dept. H. 659 So. 2d 316 · 1D94-3376 · 1st DCA 1994

    This opinion cites § 39.0132 1 time, a subsectionAlso cites § 39.411(3) under the 1993 statutes, too old to match to today's subsections.

    …at 537 , 109 S.Ct. at 2611 . We do not discount the importance of the state's interest in protecting the interests of these children. See §§ 39.408(2)(c) and 39.411(3), Fla. Stat. Here, the trial court made findings of the effect on the children of the involvement in the case of a state representative but the link between…

18. Jacksonville Television, Inc. v. Department of Health & Rehabilitative Services 659 So. 2d 316 · DCA94-3376 · District Court of Appeal 1994

    This opinion cites § 39.0132 1 time, a subsectionAlso cites § 39.411(3) under the 1993 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …at 537 , 109 S.Ct. at 2611 . We do not discount the importance of the state’s interest in protecting the interests of these children. See §§ 39.408(2)(c) and 39.411(3), Fla.Stat. Here, the trial court made findings of the effect on the children of the involvement in the case of a state representative but the link between…

19. Investigation: Florida Statute 27.04 v. State 589 So. 2d 978 · 4D90-3071 · 4th DCA 1991

    This opinion cites § 39.0132 1 time, the section generallyCited as § 39.411 (1989 statutes), now § 39.0132

    · cited by 4 in all courts

    …was adjudicated guilty of indirect criminal contempt. Roche then filed a notice of appeal from the trial court's order. The parties agree that sections 39.411 and 39.467, Florida Statutes (1989), require that proceedings terminating parental rights are protected and not subject to public scrutiny. Furthermore, they…

20. Anderson v. Dept. of H & R. Services 482 So. 2d 491 · 1DBJ-285 · 1st DCA 1986

    This opinion cites § 39.0132 1 time, the section generallyCited as § 39.411 (1985 statutes), now § 39.0132

    · cited by 6 in all courts

    …that may be accomplished by reference to the child's initials (as is done in court proceedings to comply with the confidentiality requirements in sections 39.411 and 39.413, Florida Statutes (1985), relating to juvenile dependency proceedings). We find nothing in section 415.51 that would prevent this identification.…

21. In Interest of S.J.T. 475 So. 2d 951 · 1DBD-375 · 1st DCA 1985

    This opinion cites § 39.0132 1 time, a subsectionAlso cites § 39.411(6) under the 1984 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …In fact, separate proceedings under the present statutory scheme are required before either of the two events *954 can occur. As to the former, Section 39.411(6), Florida Statutes, provides, except as to proceedings which are not pertinent to the case at bar: "No court record of proceedings under this chapter shall be…

22. O.A. v. State 393 So. 2d 604 · DCA78-2065 · District Court of Appeal 1981

    This opinion cites § 39.0132 1 time, the section generallyCited as § 39.411 (1978 statutes), now § 39.0132

    · cited by 3 in all courts

    …order “affected” the juvenile defendant, it has been made expressly appealable by Section 39.413(1), Florida Statutes (Supp.1978) [formerly numbered 39.411], which became effective October 1, 1978. Ch. 78^14, § 20, Laws of Fla.

23. In re Amendments to the Florida Rules of Judicial Administration 2.420 - 2019 Fast-Track Report SC19-1531 · Florida Supreme Court 2019

    Rule amendment This opinion cites § 39.0132 4 times: (3), (4)(a)

    …V, § 2(a), Fla. Const. child abuse, neglect, and abandonment” as information the clerk must designate and maintain as confidential and cites to sections 39.0132(3) and 39.0132(4)(a), Florida Statutes. The amendment to subdivision (d)(1)(B)(i) adds a reference to section 39.202, Florida Statutes, which prohibits the…

24. In re Amendments to Florida Rule of Judicial Administration 2.420 156 So. 3d 499 · SC14-2434 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 39.0132 2 times: (3), (4)(a)

    … (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank…

25. In re Amendments to Florida Rule of Judicial Administration 2.420 124 So. 3d 819 · SC11-2466 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 39.0132 2 times: (3), (4)(a)

    · cited by 1 in all courts

    …Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§_39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. §…

26. In re Amendments to Florida Rule of Judicial Administration 2.420 31 So. 3d 756 · SC07-2050 · Florida Supreme Court 2010

    Rule amendment This opinion cites § 39.0132 2 times: (3)

    · cited by 8 in all courts

    … (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers in court…

27. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 39.0132 1 time: (5)

    · cited by 2 in all courts

    …clerk shall open a file and assign a case number. 3 Rule 8.260 (Orders) is amended to clarify that all orders must be signed 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). …

28. In re Amendments to Florida Rule of Judicial Administration 2.420 68 So. 3d 228 · SC10-2242 · Florida Supreme Court 2011

    Rule amendment This opinion cites § 39.0132 1 time: (3)

    · cited by 5 in all courts

    … _ Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (If the document is filed within a Chapter 39 case, this form is not required.) _ Adoption records. § 63.162, Fla. Stat. (If the document…

29. Amendments to Fl. Rule of Jud. Admin. 2.420 954 So. 2d 16 · SC06-2136 · Florida Supreme Court 2007

    Rule amendment This opinion cites § 39.0132 1 time: (3)

    · cited by 13 in all courts

    …restricted by operation of state or federal law or court rule, see Fla. R. Jud. Admin. 2.420(c)(7)-(8), such as in child dependency cases. See, e.g., § 39.0132(3)-(4), Fla. Stat. (2006); Fla. R.App. P. 9.146(f). Otherwise, our rules strongly disfavor court records that are hidden from public scrutiny. The rules provide…

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1. CFOP 170-1 Florida Child Welfare Practice Model p. 148p. 149 (3)p. 153 (3)
2. CFOP 170-13 Child Support in Child Welfare Cases p. 13 (3)p. 15 (3)

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