Dependency Law Finder

Affirmed This opinion cites § 39.01 86 times: (1), (10), (15)(a), (15)(e), (15)(f), (2), (37)(f), (42), (53), (57), (76), and the section generallyCited as § 39.01(47) (2014 statutes), now § 39.01(57); § 39.01(65) (2014 statutes), now § 39.01(76); § 39.01(44) (2014 statutes), now § 39.01(53); § 39.01(30)(f) (2014 statutes), now § 39.01(37)(f); § 39.01(34) (2014 statutes), now § 39.01(42)

· cited by 19 in all courts

Denial of an immigrant teen's private dependency petition affirmed: his uncle was a capable caregiver, and remote or poverty-based neglect did not show dependency.

…... by [his] parent or parents or legal custodians”; and (2) that the Child has “no parent or legal custodians capable of providing supervision and care.” § 39.01(15)(a), (e), Fla. Stat. (2014). For the reasons set forth below, we affirm the trial court’s denial of the petition. A private petition for adjudication of…

Dismissed This opinion cites § 39.01 55 times: (10), (12), (15), (15)(a), (15)(e), (42), and the section generallyCited as § 39.01(34) (2015 statutes), now § 39.01(42)

· 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.

…of the Third District Court of Appeal in In re T.J., 59 So.3d 1187 (Fla. 3d DCA 2011), regarding the definition of a dependent child under section 39.01 (15)(e), Florida Statutes. 1 However, because the individual in the case under review is now an adult who cannot be adjudicated a dependent child under…

Reversed & remanded This opinion cites § 39.01 32 times: (1), (10), (15), (15)(a), (15)(e), (15)(f), (53), (57), and the section generallyCited as § 39.01(47) (2014 statutes), now § 39.01(57); § 39.01(44) (2014 statutes), now § 39.01(53)

· 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.

…as a sponsor.1 After his arrival, a private petition was filed on behalf of B.R.C.M. alleging three grounds for adjudication of dependency under section 39.01(15), Florida Statutes (2014), which defines a dependent child as a child who is found by the court: “(a) [t]o have been abandoned, abused, or neglected by the…

Affirmed This opinion cites § 39.01 32 times: (10), (15), (15)(a), (15)(e), (15)(f), (2), (42), (53), and the section generallyCited as § 39.01(34) (2015 statutes), now § 39.01(42); § 39.01(44) (2015 statutes), now § 39.01(53)

· 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.

…in Miami with her, - B.R.C.M. alleged that he is a “dependent child” under three separate criteria in the statutory definition of that term in section 39.01(15), Florida Statutes (2015): he has been abandoned and neglected by each of his parents under (15)(a); he has no parent or legal custodian capable of providing…

Affirmed in part, reversed in part This opinion cites § 39.01 25 times: (15), (15)(a), (15)(f), (2), (80), (80)(d), and the section generallyCited as § 39.01(71) (2017 statutes), now § 39.01(80); § 39.01(71)(d) (2017 statutes), now § 39.01(80)(d)

· cited by 8 in all courts

Court held the trial court misapplied the sexual abuse statutes as to the father, remanding for an abuse finding and best-interest findings; mother's dismissal affirmed.

…of the [c]hild.” § 39.806(1)(f), Fla. Stat. (2017). The parents purportedly “subjected the [c]hild to sexual battery or sexual abuse as defined in Section 39.01, or chronic abuse.” § 39.806(1)(g), Fla. Stat. (2017). In addition to the allegations of egregious conduct, sexual battery or sexual abuse, and…

Affirmed This opinion cites § 39.01 22 times: (1), (15), (15)(a), (15)(f), (2), (37)(g), (51), (53), (66)Cited as § 39.01(14) (2004 statutes), now § 39.01(15); § 39.01(45) (2004 statutes), now § 39.01(53); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(14)(a) (2005 statutes), now § 39.01(15)(a); § 39.01(52) (2005 statutes), now § 39.01(66); § 39.01(43) (2005 statutes), now § 39.01(51); § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g)

· 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.

…2005). In the instant case, the trial court applied the correct law, which includes the statutory definition of a dependent child, as provided in section 39.01(14), Florida Statutes (2004), the definition of neglect, as provided in section 39.01(45), Florida Statutes (2004), and the definition of abuse, as provided in…

Reversed & remanded This opinion cites § 39.01 21 times: (1), (10), (15), (15)(a), (15)(e), (24), (42), (57), (84), and the section generallyCited as § 39.01(47) (2010 statutes), now § 39.01(57); § 39.01(35) (2010 statutes), now § 39.01(42); § 39.01(70) (2010 statutes), now § 39.01(84)

· 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.

…to T.J. We review the summary denial of the amended petition under a de novo standard. We reverse and remand the case on the basis of our analysis of section 39.01, Florida Statutes (2010), and persuasive decisions of the Fourth and Fifth District Courts of Appeal. [2] The issue before us is whether, in the case of an…

Affirmed This opinion cites § 39.01 18 times: (1), (10), (15)(a), (3), (37), (53), and the section generallyCited as § 39.01(30) (2015 statutes), now § 39.01(37); § 39.01(44) (2015 statutes), now § 39.01(53)

· cited by 4 in all courts

Denial of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the mother had not abandoned or neglected him.

…to subsidize his heeds. In 2014, he left his mother and Honduras and illegally entered the United States. He is seeking an order of dependency under section 39.01, Florida Statutes (2015), on the basis of abandonment by his father and neglect by his mother in order to become eligible for a Special Immigrant Juvenile…

Affirmed This opinion cites § 39.01 16 times: (1), (15), (15)(a), (15)(f)

· 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.

… K.B.L.V. appeals the dismissal of his private petition for dependency in which he sought a finding of abandonment as to his father, pursuant to section 39.01(15), Florida Statutes (2013). We affirm because there is no evidence to support K.B.L.V.’s dependency adjudication as an abandoned child within the meaning of…

Reversed This opinion cites § 39.01 16 times: (15)(f), (2), (3), (37), (37)(g), (37)(i), (37)(j)Cited as § 39.01(30)(i) (2005 statutes), now § 39.01(37)(i); § 39.01(30)(j) (2005 statutes), now § 39.01(37)(j); § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(30) (2005 statutes), now § 39.01(37)

Dependency reversed because the father's unsworn prior inconsistent statement was not substantive evidence, leaving no proof of violence or drug use affecting the children.

…for dependency [2] alleged that the children were at "substantial risk or imminent threat of harm o[r] abuse or neglect" from L.R. on four bases: violence, § 39.01(30)(i), Fla. Stat. (2005); failure to protect the children, § 39.01(30)(j); substance or alcohol abuse, § 39.01(30)(g); *1243 and abandonment, § 39.010(1). See §…

Reversed This opinion cites § 39.01 16 times: (15)(f), (2), (3), (37), (37)(g), (37)(i), (37)(j)Cited as § 39.01(30)(i) (2005 statutes), now § 39.01(37)(i); § 39.01(30) (2005 statutes), now § 39.01(37); § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(30)(j) (2005 statutes), now § 39.01(37)(j)

· cited by 8 in all courts

Dependency reversed because the father's unsworn prior inconsistent statement was not substantive evidence, leaving no proof of violence or drug use affecting the children.

…for dependency 2 alleged that the children were at “substantial risk or imminent threat of harm o[r] abuse or neglect” from L.R. on four bases: violence, § 39.01(30)(i), Fla. Stat. (2005); failure to protect the children, § 39.01(30)®; substance or alcohol abuse, § 39.01(30)(g); *1243 and abandonment, § 39.010(1). See §…

This opinion cites § 39.01 16 times, a subsectionAlso cites § 39.01(11), 39.01(12), 39.01(10) under the 1975 statutes, too old to match to today's subsections.

· cited by 7 in all courts

…the statute and the validity of the first adjudication of ungovernability. The statute in question, Chapter 75-48, Section 15(11), now appears as Section 39.01(11), Florida Statutes, and provides: "`Ungovernable child' means a child who persistently disobeys the reasonable and lawful demands of his parents or other…

Reversed & remanded This opinion cites § 39.01 15 times: (15), (15)(a), (15)(f), (2), (30), (37)(i), (53)Cited as § 39.01(43) (2006 statutes), now § 39.01(53); § 39.01(14) (2006 statutes), now § 39.01(15); § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(31)(i) (2006 statutes), now § 39.01(37)(i)

· cited by 7 in all courts

Dependency adjudication reversed for a new hearing because the court admitted hearsay under a blanket ruling, though the remaining evidence could support neglect.

…final hearing. Appellant is the child's father. The department alleges that C.J. is at substantial risk of imminent threat of harm, as defined in section 39.01(30), Florida Statutes, or imminent neglect, as defined in section 39.01(43), Florida Statutes, arising out of Appellant's history of domestic violence against the…

Reversed This opinion cites § 39.01 15 times: (15)(a), (15)(f), (2), (37), (37)(a), (37)(a)4., (37)(a)4.i., (4), (66)Cited as § 39.01(14)(f) (2004 statutes), now § 39.01(15)(f); § 39.01(14)(a) (2004 statutes), now § 39.01(15)(a); § 39.01(52) (2004 statutes), now § 39.01(66); § 39.01(30) (2004 statutes), now § 39.01(37); § 39.01(30)(a)1.i. (2004 statutes), now § 39.01(37)(a)4.i.; § 39.01(30)(a) (2004 statutes), now § 39.01(37)(a); § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.

· cited by 5 in all courts

Dependency of four children reversed: one confrontation leaving a bruise and slight swelling was not abuse, and no nexus showed prospective abuse of siblings.

…appeal. The Department filed a Petition for Adjudication of Dependency alleging two counts against the Mother: (1) abuse against D.Y., pursuant to section 39.01(2), Florida Statutes; and (2) prospective abuse as to the other three children, pursuant to section 39.01(14)(f). [1] The trial court held an adjudicatory…

This opinion cites § 39.01 13 times, a subsectionAlso cites § 39.01(59)(b), 39.01(59), 39.01(59)(c), 39.01(59)(d), 39.01(61)(c), 39.01(61)(d), 39.01(61)(e), 39.01(61) under the 1996 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…had *783 committed a delinquent act because section 39.061 does not proscribe escape from “low-risk residential” commitment facilities, as defined in section 39.01(59)(b), Florida Statutes (Supp.1996), or, if it does, its terms are unconstitutionally vague. We affirm. Section 39.061, Florida Statutes (Supp. 1996), proscribes…

This opinion cites § 39.01 13 times, a subsectionAlso cites § 39.01(1) under the 1981 statutes, too old to match to today's subsections.

· cited by 18 in all courts

…issue on appeal is whether the circuit court erred in severing the rights of the mother based on a finding of "abandonment" as that term is defined in section 39.01(1), Florida Statutes (1981). That statute provides: *366 39.01 Definitions. — When used in this chapter: (1) "Abandoned" means a situation in which a…

Reversed & remanded This opinion cites § 39.01 12 times: (1), (14), (15)(a), (2), (37), (37)(g), (37)(k), (53)Cited as § 39.01(30)(k) (2015 statutes), now § 39.01(37)(k); § 39.01(44) (2015 statutes), now § 39.01(53); § 39.01(14)(a) (2002 statutes), now § 39.01(15)(a); § 39.01(30) (2015 statutes), now § 39.01(37); § 39.01(30)(g) (2015 statutes), now § 39.01(37)(g)

· cited by 5 in all courts

Dependency adjudication reversed because a sibling's SIDS death, occasional marijuana use and co-sleeping did not show abuse, neglect or imminent risk to the surviving child.

…to order the child dependent, but taken 4 together, show that the child “has been harmed,” as defined in §39.01(30)(k) and (l)3, and that the child is at “prospective risk of neglect,” pursuant to §39.01(44)4 as a result of the mother continuing to co-sleep with the child…

Reversed & remanded This opinion cites § 39.01 12 times: (2), (37)(a), (37)(a)3., (37)(a)4., (37)(a)4.a., (37)(a)4.k., (53)Cited as § 39.01(45) (2004 statutes), now § 39.01(53); § 39.01(30)(a) (2004 statutes), now § 39.01(37)(a); § 39.01(30)(a)1.a. (2004 statutes), now § 39.01(37)(a)4.a.; § 39.01(30)(a)3. (2004 statutes), now § 39.01(37)(a)3.; § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.; § 39.01(30)(a)4.k. (2004 statutes), now § 39.01(37)(a)4.k.

Dependency of the incarcerated mother's child reversed: one unexplained bruise while with caregivers she chose did not show abuse, neglect, or fault by the mother.

…that this child had been abandoned and no competent, substantial evidence to support a finding that the child was a victim of "abuse" as defined in section 39.01(2) or "neglect" as defined in section 39.01(45). Pursuant to section 39.01(2), "abuse" of a child is "any willful act ... that results in any physical, mental,…

Reversed & remanded This opinion cites § 39.01 12 times: (2), (37)(a), (37)(a)3., (37)(a)4., (37)(a)4.a., (37)(a)4.k., (53)Cited as § 39.01(45) (2004 statutes), now § 39.01(53); § 39.01(30)(a) (2004 statutes), now § 39.01(37)(a); § 39.01(30)(a)1.a. (2004 statutes), now § 39.01(37)(a)4.a.; § 39.01(30)(a)3. (2004 statutes), now § 39.01(37)(a)3.; § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.; § 39.01(30)(a)4.k. (2004 statutes), now § 39.01(37)(a)4.k.

· cited by 3 in all courts

Dependency of the incarcerated mother's child reversed: one unexplained bruise while with caregivers she chose did not show abuse, neglect, or fault by the mother.

…that this child had been abandoned and no competent, substantial evidence to support a finding that the child was a victim of “abuse” as defined in section 39.01(2) or “neglect” as defined in section 39.01(45). Pursuant to section 39.01(2), “abuse” of a child is “any willful act ... that results in any physical, mental,…

Affirmed This opinion cites § 39.01 12 times: (1), (2), (37)(a), (37)(f), (37)(i), (53), and the section generallyCited as § 39.01(30)(a) (2003 statutes), now § 39.01(37)(a); § 39.01(30)(i) (2003 statutes), now § 39.01(37)(i); § 39.01(30)(f) (2003 statutes), now § 39.01(37)(f); § 39.01(45) (2003 statutes), now § 39.01(53)Also cites § 39.01(30)(e), which couldn't be matched to today's text.

Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

…the Father's acts of domestic violence—both directed at the children and at the Mother in the presence of the children—was abuse of the children. See § 39.01(2); [6] see also § 39.01(30)(a), (i); [7] D.D. v. Dep't of Children & Families, 773 So.2d 615 , 618 n. 2 (Fla. 5th DCA 2000) ("The detrimental effect of…

Affirmed This opinion cites § 39.01 12 times: (1), (2), (37)(a), (37)(f), (37)(i), (53), and the section generallyCited as § 39.01(30)(a) (2003 statutes), now § 39.01(37)(a); § 39.01(30)(i) (2003 statutes), now § 39.01(37)(i); § 39.01(30)(f) (2003 statutes), now § 39.01(37)(f); § 39.01(45) (2003 statutes), now § 39.01(53)Also cites § 39.01(30)(e), which couldn't be matched to today's text.

· cited by 8 in all courts

Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

…the Father’s acts of domestic violence — both directed at the children and at the Mother in the presence of the children — was abuse of the children. See § 39.01(2); 6 see also § 39.01(30)(a), (i); 7 D.D. v. Dep’t of Children & Families, 773 So.2d 615 , 618 n. 2 (Fla. 5th DCA 2000) (“The detrimental effect of…

Reversed This opinion cites § 39.01 12 times: (1), (15)(a), (15)(f), (2), (37), (37)(g), (53)Cited as § 39.01(14)(a) (2002 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2002 statutes), now § 39.01(15)(f); § 39.01(45) (2002 statutes), now § 39.01(53); § 39.01(30) (2002 statutes), now § 39.01(37); § 39.01(30)(g) (2002 statutes), now § 39.01(37)(g)Also cites § 39.01(30)(g)1., 39.01(01), 39.01(02), which couldn't be matched to today's text.

· cited by 6 in all courts

Dependency reversed because a positive cocaine test at birth, without a showing the newborn was demonstrably adversely affected, did not establish statutory harm.

…solely upon a finding that the mother and child tested positive for cocaine at the child's birth. Because we conclude that a finding of harm under section 39.01(30)(g)1., Florida Statutes (2002), requires some showing of an adverse effect resulting from the mother's use of controlled substances or alcohol, we must reverse. …

This opinion cites § 39.01 12 times, a subsectionAlso cites § 39.01(30), 39.01(9)(a), 39.01(2), 39.01(1) under the 1986 statutes, too old to match to today's subsections.

…life and restore said child to good health." We find no abuse of discretion in the court's authorization of blood transfusions *1134 to the child. Section 39.01(30), Florida Statutes (Supp. 1986), defining neglect, provides that a court may direct medical treatment to a minor child if a parent or guardian does not furnish…

This opinion cites § 39.01 12 times, a subsectionAlso cites § 39.01(30), 39.01(9)(a), 39.01(2), 39.01(1) under the 1986 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…life and restore said child to good health.” We find no abuse of discretion in the court’s authorization of blood transfu *1134 sions to the child. Section 39.01(30), Florida Statutes (Supp.1986), defining neglect, provides that a court may direct medical treatment to a minor child if a parent or guardian does not furnish…

Affirmed This opinion cites § 39.01 11 times: (10), (15), (15)(e), (15)(g), (42), (57), and the section generallyCited as § 39.01(47) (2015 statutes), now § 39.01(57); § 39.01(34) (2015 statutes), now § 39.01(42)

Denial of an immigrant teen's dependency petition affirmed per O.I.C.L.; a dissent would find no capable parent or legal custodian.

…Appellant met her burden of establishing dependency based on being a child with “no parent or legal custodians capable of providing supervision and care.” § 39.01(15)(e), Fla. Stat. (2015). There was undisputed testimony that, before leaving her parents’ home in Guatemala, Appellant had been abused by her father and brother…

Reversed & remanded This opinion cites § 39.01 11 times: (1), (10), (14), (15)(e), (2), (54), (74), and the section generallyCited as § 39.01(45) (2009 statutes), now § 39.01(54); § 39.01(63) (2009 statutes), now § 39.01(74)

· cited by 4 in all courts

Dismissal of an uncle's dependency petition reversed because an orphaned child with no legal custodian is dependent; jurisdiction, service and mootness objections failed.

…regarding his nephew, K.S.L. The petition stated that K.S.L.’s parents were both deceased, K.S.L. was dependent within the meaning and intent of section 39.01(1), (2), (14)(e), (45) or (63) of the Florida Statutes (2009), and the only relative who was able to care for K.S.L. was L.T. At the dependency hearing,…

Reversed This opinion cites § 39.01 11 times: (53), and the section generallyCited as § 39.01(43) (2007 statutes), now § 39.01(53)

Neglect adjudication reversed because the child did not live at the father's drug-dealing home; neglect by environment is limited to the child's actual residence.

SHEPHERD, J. This is a parents’ appeal of a trial court adjudication of dependency on the ground of neglect. See § 39.01 (14)(a), Fla. Stat. (2007). The applicable statutory definition of “neglect” upon which the Florida Department of Children and Families filed its petition and…

Reversed This opinion cites § 39.01 11 times: (15)(f), (2), (37), (37)(a)3., (37)(i)Cited as § 39.01(30)(a)3. (2005 statutes), now § 39.01(37)(a)3.; § 39.01(30) (2005 statutes), now § 39.01(37); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(30)(i) (2005 statutes), now § 39.01(37)(i)

· cited by 12 in all courts

Dependency reversed because the father's old violence against the mother, before the children were born, did not show imminent prospective abuse of them.

…2 alleged that the children were at “substantial risk or imminent threat of harm o[r] abuse or neglect” from J.C. on two bases — inadequate supervision, § 39.01(30)(a)(3), Fla. Stat. (2005); and violence, § 39.01(30)®. *1248 See § 39.01(14)(f). The circuit court dismissed the charge of inadequate supervision during the…

Reversed This opinion cites § 39.01 11 times: (1), (15)(a), (15)(f), (2), (37), (53)Cited as § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f); § 39.01(14)(a) (1999 statutes), now § 39.01(15)(a); § 39.01(30) (1999 statutes), now § 39.01(37); § 39.01(46) (1999 statutes), now § 39.01(53)

· cited by 11 in all courts

Dependency reversed: the father's six-year-old DUI arrest was irrelevant and did not show the child faced substantial risk of imminent abuse or neglect.

…not demonstrate that the child was at substantial risk of imminent abuse, abandonment, or neglect as a result of the father's actions, we reverse. See § 39.01(14)(f), Fla. Stat. (1999). We observe first that the trial court abused its discretion in admitting evidence of the father's prior DUI arrest and in considering…

This opinion cites § 39.01 11 times: (74)Cited as § 39.01(59) (1998 statutes), now § 39.01(74)Also cites § 39.01(59)(a), 39.01(16), 39.01(59)(b), 39.01(61) under the 1996 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…group programs, nonresidential marine programs, nonresidential training and rehabilitation centers, and other local community nonresidential programs. § 39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added). In the present case, the trial court complied with the statute's requirement to consider the DJJ's recommendation…

This opinion cites § 39.01 11 times: (74)Cited as § 39.01(59)(b) (1998 statutes), now § 39.01(74); § 39.01(59) (1998 statutes), now § 39.01(74)Also cites § 39.01(59)(a), 39.01(16), 39.01(61) under the 1996 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…group programs, nonresidential marine programs, nonresidential training and rehabilitation centers, and other local community nonresidential programs. § 39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added). In the present case, the trial court complied with the statute’s requirement to consider the DJJ’s recommendation…

This opinion cites § 39.01 11 times, a subsectionAlso cites § 39.01(9), 39.01(8), 39.01(34) under the 1978 statutes, too old to match to today's subsections.

…in this case, rather than dependency, frustrates the plain legislative intent of chapter 39, designating truant and runaway behavior as dependency. § 39.01(9), Fla. Stat. (Supp. 1978). [1] The state responds that a delinquency petition in substantial compliance with the pertinent statutes and rules was filed and…

Certiorari / writ granted This opinion cites § 39.01 10 times: (53), (60), (61)Cited as § 39.01(58) (2023 statutes), now § 39.01(61); § 39.01(57) (2023 statutes), now § 39.01(60); § 39.01(51) (2000 statutes), now § 39.01(61); § 39.01(50) (2023 statutes), now § 39.01(53)

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.

…the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child." § 39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P. 8.210(a) ("For the purpose of these rules the terms 'party' and 'parties' shall include the petitioner, the…

Certiorari / writ granted This opinion cites § 39.01 10 times: (53), (60), (61)Cited as § 39.01(58) (2023 statutes), now § 39.01(61); § 39.01(57) (2023 statutes), now § 39.01(60); § 39.01(51) (2000 statutes), now § 39.01(61); § 39.01(50) (2023 statutes), now § 39.01(53)

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.

…the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child." § 39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P. 8.210(a) ("For the purpose of these rules the terms 'party' and 'parties' shall include the petitioner, the…

Affirmed This opinion cites § 39.01 10 times: (1), (15), (15)(a)

· cited by 2 in all courts

Denial of a private dependency petition sought for immigration status affirmed; the father's abandonment was too remote and the mother cared for the child.

…mother”), who resides in Miami, Florida, filed a private petition, seeking an adjudication finding her minor son, F.J.G.M., dependent as defined in section 39.01(15) of the Florida Statutes. If adjudicated dependent, F.J.G.M. becomes eligible for a Special Immigrant Juvenile (“SIJ”) status visa under 8 U.S.C. §…

Affirmed This opinion cites § 39.01 10 times: (15), (15)(a), (15)(e), (15)(f), and the section generally

· 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.

…have no one there to care for her or protect her. The trial court denied the petition, holding that B.Y.G.M. was not dependent, pursuant to section 39.01(15)(e), Florida Statutes (2013). The court found that B.Y.G.M. has a parent, her mother, who is capable of providing B.Y.G.M. with supervision and care. …

This opinion cites § 39.01 10 times: (2), (37), (37)(a), (37)(a)4.a., (51), and the section generallyCited as § 39.01(31)(a) (2007 statutes), now § 39.01(37)(a); § 39.01(31) (2007 statutes), now § 39.01(37); § 39.01(31)(a)1.a. (2007 statutes), now § 39.01(37)(a)4.a.; § 39.01(41) (2007 statutes), now § 39.01(51)Also cites § 39.01(31)(a)1., which couldn't be matched to today's text.

… See DuFresne v. State, 826 So.2d 272, 277-78 (Fla.2002); State v. McDonald, 785 So.2d 640, 646 (Fla. 2d DCA 2001). “Abuse,” as defined in section 39.01(2), Florida Statutes (2007), includes “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely…

This opinion cites § 39.01 10 times, a subsectionAlso cites § 39.01(21), 39.01(61), 39.01(28) under the 1990 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…F.S.; amend[ed] s. 39.001, F.S.; provid[ed] purpose; amend[ed] s. 39.002, F.S.; provid[ed] legislative purpose for the juvenile justice system; amend[ed] s. 39.01, F.S.; revising definitions ...; provid[ed] for medical, psychiatric, psychological, substance abuse, and educational examination and treatment; provid[ed]…

This opinion cites § 39.01 10 times, a subsectionAlso cites § 39.01(21), 39.01(61), 39.01(28) under the 1990 statutes, too old to match to today's subsections.

· cited by 136 in all courts

…F.S.; amend[ed] s. 39.001, F.S.; provid[ed] purpose; amend[ed] s. 39.002, F.S.; pro-vid[ed] legislative purpose for the juvenile justice system; amend[ed] s. 39.01, F.S.; revising definitions ...; provided] for medical, psychiatric, psychological, substance abuse, and educational examination and treatment; provid[ed] for…

Affirmed This opinion cites § 39.01 10 times: (15), (15)(a), (15)(f)Cited as § 39.01(14) (2004 statutes), now § 39.01(15); § 39.01(14)(f) (2004 statutes), now § 39.01(15)(f); § 39.01(14)(a) (2004 statutes), now § 39.01(15)(a)

· cited by 2 in all courts

Dependency adjudication affirmed because competent evidence showed the father sold drugs from the children's home, placing them at substantial risk of imminent harm.

…(Fla. 3d DCA 2005). In the case before us, the trial court applied the correct law using the statutory definition of a dependent child as defined in section 39.01(14), Florida Statutes (2004), which provides, in pertinent part: "Child who is found to be dependent" means a child who, pursuant to this chapter, is found by…

Affirmed This opinion cites § 39.01 10 times: (15), (42), (59), (60), (61), and the section generallyCited as § 39.01(51) (2000 statutes), now § 39.01(61); § 39.01(50) (2000 statutes), now § 39.01(60); § 39.01(33) (2000 statutes), now § 39.01(42); § 39.01(49) (2000 statutes), now § 39.01(59); § 39.01(14) (2000 statutes), now § 39.01(15)

· cited by 2 in all courts

Dependency affirmed; a legal guardian is a participant, not a party, so needed no advocacy-services advisement, and the issue was unpreserved and harmless.

…as required by section 39.502(15), Florida Statutes (2000). B.M. is the legal guardian of D.M. and N.M. As such she is not a party as defined in section 39.01(51), but a participant as defined in section 39.01(50). It does not appear the legislature has extended the notice requirement of section 39.502(15) to…

Reversed This opinion cites § 39.01 10 times: (1), (15)(a), (15)(f), (2), (37), (37)(i)Cited as § 39.01(14)(a) (1998 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1998 statutes), now § 39.01(15)(f); § 39.01(30) (1998 statutes), now § 39.01(37); § 39.01(30)(i) (1998 statutes), now § 39.01(37)(i)

· cited by 33 in all courts

Dependency reversed: one kick to a half-sister and domestic violence the child never witnessed did not show substantial risk of imminent abuse to her.

…may be found to be "dependent" if the child has been "abandoned, abused, or neglected by the child's parent or parents, legal custodians, or caregivers." § 39.01(14)(a), Fla. Stat. (Supp.1998). A child may also be found to be dependent where the court finds the child "to be at substantial risk of imminent abuse, abandonment,…

Other This opinion cites § 39.01 10 times: (15), (88), (89)Cited as § 39.01(70) (1998 statutes), now § 39.01(89); § 39.01(14) (1998 statutes), now § 39.01(15); § 39.01(69) (1998 statutes), now § 39.01(88)

· 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.

…As the temporary legal custodian of the dependent child, the Department has the statutory authority to obtain "ordinary" medical treatment pursuant to section 39.01(70), Florida Statutes (Supp.1998), but that authority may be enlarged by a court order. See M.W., 722 So.2d at 969. Although the commitment of a child to a…

This opinion cites § 39.01 10 times, a subsectionAlso cites § 39.01(11), 39.01(12) under the 1976 statutes, too old to match to today's subsections.

· cited by 2 in all courts

… This cause is before us on direct appeal to review an order of the Circuit Court, in and for Orange County, upholding the constitutional validity of Section 39.01(11), Florida Statutes, thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution. R.M. Highsmith, an official at…

Certiorari / writ granted This opinion cites § 39.01 9 times: (2), (37)(b), (80), (83), (83)(b), (87), (90), and the section generallyCited as § 39.01(73) (2016 statutes), now § 39.01(83); § 39.01(77) (2016 statutes), now § 39.01(87); § 39.01(73)(b) (2016 statutes), now § 39.01(83)(b); § 39.01(80) (2016 statutes), now § 39.01(90); § 39.01(30)(b) (2016 statutes), now § 39.01(37)(b); § 39.01(70) (2016 statutes), now § 39.01(80)

· cited by 1 in all courts

Order starting reunification therapy with the father quashed because the court ignored the statutory reunification standard and its best-interest findings lacked evidentiary support.

…testimony at the evidentiary hearing concerning reunification established that I.N. lived with these children and referred to them as her siblings. See § 39.01(73), Fla. Stat. (2016). We will refer to them throughout this opinion as I.N.'s siblings. -2- visits with I.N.…

Reversed This opinion cites § 39.01 9 times: (1), (15)(f), (2), (37)(g), (52), (53)Cited as § 39.01(44) (2011 statutes), now § 39.01(53); § 39.01(32)(g) (2011 statutes), now § 39.01(37)(g); § 39.01(43) (2011 statutes), now § 39.01(52)

· cited by 10 in all courts

Dependency adjudication reversed; evidence of alcohol and drug abuse, domestic violence, dental neglect and self-harm was insufficient, and a drug test came in through hearsay.

…him or her, inter alia, “[t]o be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians.” § 39.01(15)(f), Fla. Stat. (2011). “Abuse,” as defined in the statute, is any willful act or threatened act resulting in “physical, mental, or sexual injury or harm …

Reversed This opinion cites § 39.01 9 times: (15), (15)(a), (15)(f), (2), (37), (37)(j), (53)Cited as § 39.01(31) (2007 statutes), now § 39.01(37); § 39.01(43) (2007 statutes), now § 39.01(53); § 39.01(14)(a) (2007 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2007 statutes), now § 39.01(15)(f); § 39.01(31)(j) (2007 statutes), now § 39.01(37)(j); § 39.01(14) (2007 statutes), now § 39.01(15)

Dependency reversed because nothing showed the mother knew her boyfriend might burn the child or that future abuse was imminent.

…dependent because "the mother neglected the [child] and the child is presently at substantial risk of imminent threat of harm as defined in Florida Statute 39.01(31); or imminent threat of physical/emotional abuse as defined in Florida Statute 39.01(2); or imminent neglect as defined in Florida Statute 39.01(43)." The…

Reversed This opinion cites § 39.01 9 times: (15), (15)(a), (15)(f), (53)Cited as § 39.01(14)(a) (2004 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2004 statutes), now § 39.01(15)(f); § 39.01(14) (2004 statutes), now § 39.01(15); § 39.01(45) (2004 statutes), now § 39.01(53)

· cited by 8 in all courts

Dependency reversed because several changes of residence did not show actual or imminent neglect, and the written order lacked specific supporting facts.

…concerning how the original written order should be altered, it appears that the intention was to delete any findings as to existing neglect, see § 39.01(14)(a), Fla. Stat. (2004), and retain findings as to prospective- neglect, see § 39.01(14)(f). However, to ensure a complete analysis, our discussion will address…

Reversed & remanded This opinion cites § 39.01 9 times: (15)(a), (15)(f), (2), (37)(j), (42), (59)Cited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(30)(j) (2003 statutes), now § 39.01(37)(j); § 39.01(14)(f) (2003 statutes), now § 39.01(15)(f); § 39.01(33) (2003 statutes), now § 39.01(42); § 39.01(49) (2003 statutes), now § 39.01(59)

Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.

…is found to be dependent" is one found by the court "[t]o have been abandoned, abused, or neglected by the child's parent or parents or legal custodians[.]" § 39.01(14)(a). "`Abuse' means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's…

Reversed & remanded This opinion cites § 39.01 9 times: (15)(a), (15)(f), (2), (37), (37)(j), (42), (59)Cited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(30)(j) (2003 statutes), now § 39.01(37)(j); § 39.01(30) (2003 statutes), now § 39.01(37); § 39.01(14)(f) (2003 statutes), now § 39.01(15)(f); § 39.01(33) (2003 statutes), now § 39.01(42); § 39.01(49) (2003 statutes), now § 39.01(59)

· cited by 6 in all courts

Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.

…found to be dependent” is one found by the court “[t]o have been abandoned, abused, or neglected by the. child’s parent or parents or legal custodians[.]” § 39.01(14)(a). “ ‘Abuse’ means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the…

This opinion cites § 39.01 9 times, a subsectionAlso cites § 39.01(61), 39.01(61)(c), 39.01(61)(d), 39.01(61)(b) under the 1990 statutes, too old to match to today's subsections.

…declared the juvenile escape statute, section 39.061, Florida Statutes (Supp.1990), to be unconstitutional. The Court ruled that section 39.061 and section 39.01(61), Florida Statutes (Supp. 1990), defining the term “restrictiveness level,” constituted an unlawful delegation of legislative authority to the Department of…

This opinion cites § 39.01 9 times, a subsectionAlso cites § 39.01(2), 39.01(30), 39.01(26), 39.01(37), 39.01(3) under the 1980 statutes, too old to match to today's subsections.

· cited by 37 in all courts

…that the evidence is clear and convincing is supported by the record and cannot be held to be unreasonable as a matter of law. CHILD ABUSE Section 39.01(2), Florida Statutes, [14] defines child abuse as "any willful act that results in any physical, mental or sexual injury that causes or is likely to cause the…

This opinion cites § 39.01 9 times, a subsectionAlso cites § 39.01(8), 39.01(9), 39.01(34) under the 1978 statutes, too old to match to today's subsections.

…State of Florida, F.S. Chapter 39," because he had violated the November 1981 court order, and was therefore "in contempt of Court pursuant to sections 39.412 and 39.01(8), Florida Statutes." A.O. pled nolo contendere and specifically reserved the right to appeal the question whether the continued truancy shown could support an…

This opinion cites § 39.01 9 times, a subsectionAlso cites § 39.01(8), 39.01(9), 39.01(34) under the 1978 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…State of Flori-da, F.S. Chapter 39,” because he had violated the November 1981 court order, and was therefore “in contempt of Court pursuant to sections 39.412 and 39.01(8), Florida Statutes.” A.O. pled nolo contendere and specifically reserved the right to appeal the question whether the continued truancy shown could support an…

Affirmed This opinion cites § 39.01 8 times: (15), (15)(a), (15)(f), (53)Cited as § 39.01(50) (2018 statutes), now § 39.01(53)

Dependency adjudication affirmed because competent evidence linked the mother's untreated mental illness to neglect or imminent neglect of her medically fragile young child.

…adjudication on a finding that T.H. had been, or was at substantial risk of imminently being, abused or neglected, and thus dependent pursuant to section 39.01(15), Florida Statutes (2018). T.H.’s sole argument on appeal is that the trial court erred by basing its findings of dependency on the mother having untreated…

Affirmed This opinion cites § 39.01 8 times: (15), (15)(a), (15)(e), (15)(f)

Denial of an immigrant teen's private dependency petition affirmed under controlling circuit precedent; a dissent would have required an evidentiary hearing and individualized findings.

…on behalf of an undocumented, sixteen-year-old immigrant from Honduras, seeks an adjudication of dependency based on three separate subsections of section 39.01(15), *746 Florida Statutes (2015), and as to each parent. The petition alleges that his parents were also born in Honduras and that they left him with an older…

This opinion cites § 39.01 8 times: (19), (37), (42), (51), (59), (66), and the section generallyCited as § 39.01(42) (2010 statutes), now § 39.01(51); § 39.01(49) (2010 statutes), now § 39.01(59); § 39.01(32) (2010 statutes), now § 39.01(37); § 39.01(56) (2010 statutes), now § 39.01(66); § 39.01(35) (2010 statutes), now § 39.01(42)

· cited by 1 in all courts

…3, and 5. The Committee’s fourth proposal is to amend the instruction to include only the statutory definition of “mental injury,” which is found in section 39.01(42), Florida Statutes (2010). The Minority Report, by contrast, urges that the statutory definitions from chapter 39, Florida Statutes, for “abuse,” “harm,”…

Dismissed This opinion cites § 39.01 8 times: (1), (42), (60), (61), (89), and the section generallyCited as § 39.01(50) (2006 statutes), now § 39.01(61); § 39.01(49) (2006 statutes), now § 39.01(60); § 39.01(34) (2006 statutes), now § 39.01(42); § 39.01(73) (2006 statutes), now § 39.01(89)Also cites § 39.01(9) under the 1971 statutes, too old to match to today's subsections.

· cited by 6 in all courts

Grandmother's appeal of the child's placement with the father dismissed; legal custodians are participants, not parties, and lack standing to appeal.

…the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child. § 39.01(50). Rather, a legal custodian is included under the rubric of "participant," which is a status separate from that of "party." See § 39.01(49) (defining…

Affirmed This opinion cites § 39.01 8 times: (15)(f), (2), (53), (58)Cited as § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f); § 39.01(49) (1999 statutes), now § 39.01(58); § 39.01(46) (1999 statutes), now § 39.01(53)

Dependency affirmed on the father's untreated bipolar disorder and marijuana use posing imminent risk, with remand to revise the written order to adjudicate dependency.

…abuse" of the children based on Appellant's mental-health condition. Appellant contends that the lower court misconstrued the findings required under section 39.01(14)(f), Florida Statutes (1999), and that the evidence does not support a finding of dependency. The pertinent statute defines a "[c]hild who is found to be…

Affirmed This opinion cites § 39.01 8 times: (15), (15)(f), (2), (53), (58)Cited as § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f); § 39.01(14) (1999 statutes), now § 39.01(15); § 39.01(49) (1999 statutes), now § 39.01(58); § 39.01(46) (1999 statutes), now § 39.01(53)

· cited by 25 in all courts

Dependency affirmed on the father's untreated bipolar disorder and marijuana use posing imminent risk, with remand to revise the written order to adjudicate dependency.

…abuse” of the children based on Appellant’s mental-health condition. Appellant contends that the lower court misconstrued the findings required under section 39.01(14)(f), Florida Statutes (1999), and that the evidence does not support a finding of dependency. The pertinent statute defines a “[c]hild who is found to be…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(61), 39.01(61)(b), 39.01(15) under the 1993 statutes, too old to match to today's subsections.

…security classification—where, as here, the trial court selects a restrictiveness level other than one recommended by the Department. Id. §§ 39.052(3)(e)3, 39.01(61). Consequently this court has the power to review J.M.'s appeal of his assignment to the "low risk residential" restrictiveness level. However, J.M. completed…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(61), 39.01(61)(b), 39.01(15) under the 1993 statutes, too old to match to today's subsections.

…classification — where, as here, the trial court selects a restrictiveness level other than one recommended by the Department. Id. §§ 39.052(3)(e)3, 39.01(61). Consequently this court has the power to review J.M.’s appeal of his assignment to the “low risk residential” restrictiveness level. However, J.M. completed…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(45), 39.01(16), 39.01(10), 39.01(8)(a), 39.01(9) under the 1990 statutes, too old to match to today's subsections.

· cited by 33 in all courts

…defined by the legislature as "a physically restricting facility for the temporary care of children, pending delinquency adjudication or court disposition." § 39.01(45), Fla. Stat. (Supp. 1988). Thus, under section 39.0321, a juvenile could never be placed in secure detention for any of the reasons enumerated. More…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(2), 39.01(7), 39.01(9) under the 1985 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…standards for screening shall also ensure that the person has not been judicially determined [1] 1 to have committed abuse against a child as defined in s. 39.01(2) and (7), [2] to have a substantiated indicated report of abuse as defined in s. 415.503, or [3] to have committed an act which constitutes domestic violence…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(9), 39.01(17), 39.01(25), 39.01(27) under the 1974 statutes, too old to match to today's subsections.

· cited by 15 in all courts

…petition is filed shall control the child and the case in accordance with this chapter." (Underlining added) Appellant seeks to rely on that portion of F.S. 39.01(9) which provides that: "An agency granted legal custody shall have the right to determine where and with whom the child shall live, but an individual granted…

This opinion cites § 39.01 8 times, a subsectionAlso cites § 39.01(11), 39.01(13)(a), 39.01(13)(b) under the 1959 statutes, too old to match to today's subsections.

· cited by 21 in all courts

…The aforestated statute provides that the definition for delinquent child should be derived from the general laws of Florida. Florida Statutes (1972), Section 39.01(11), [1] defines delinquent child, as follows: "(11) `Delinquent Child' means a child who commits a violation of law, regardless of where the violation…

Reversed & remanded This opinion cites § 39.01 7 times: (1), (61)Cited as § 39.01(52) (2017 statutes), now § 39.01(61)

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.

…“unless otherwise provided by law.” § 39.801(1), Fla. Stat. Both DCF and the guardian ad litem (“GAL”) program are parties in any chapter 39 proceedings. § 39.01(52), Fla. Stat.; cf. § 39.807(2)(a), Fla. Stat. (requiring trial court to “appoint a guardian ad litem to represent the best interest of the child in any…

Affirmed This opinion cites § 39.01 7 times: (37), (37)(g)2., (37)(i)Cited as § 39.01(35)(g)2. (2020 statutes), now § 39.01(37)(g)2.; § 39.01(35)(i) (2020 statutes), now § 39.01(37)(i); § 39.01(35)(t) (2020 statutes), now § 39.01(37)

Dependency affirmed on other grounds, but the violent-behavior ground was reversed because the mother was the victim of the father's violence.

…of these grounds would warrant an adjudication of dependency. In this appeal, the Mother has challenged only two of the statutory grounds—(1) section 39.01(35)(g)2., which pertains to “harm” “to a child’s health or welfare” based on “[e]vidence of extensive, abusive, and chronic use of a controlled substance or alcohol…

Reversed & remanded This opinion cites § 39.01 7 times: (15), (15)(a), (15)(e), (15)(f), and the section generally

· 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.

…at risk even though they have been abused, abandoned, or left without a parent or legal custodian capable of caring for them while living elsewhere. 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.…

Reversed This opinion cites § 39.01 7 times: (15)(a), (15)(f), (37)(f), (53), and the section generallyCited as § 39.01(32)(f) (2013 statutes), now § 39.01(37)(f); § 39.01(44) (2013 statutes), now § 39.01(53)

Neglect adjudication reversed because police removed the unsecured gun, leaving no evidence of a continuing risk of harm to the children.

…or neglected by the child’s parent or parents” or one who is “at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents.” § 39.01(15)(a), (f), Fla. Stat. (2013). There being no evidence of actual harm to the children within the meaning of subsections 39.01(32)(f) 1 or (44) 2 , the adjudication…

Affirmed in part, reversed in part This opinion cites § 39.01 7 times: (15)(a), (15)(f), (2), (37)(a), (37)(j), (53)Cited as § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(31)(a) (2006 statutes), now § 39.01(37)(a); § 39.01(31)(j) (2006 statutes), now § 39.01(37)(j); § 39.01(43) (2006 statutes), now § 39.01(53)

Dependency of the two older children affirmed because the mother stayed with the abuser; the infant's adjudication reversed on the department's concession of no evidence.

…proves by a *515 preponderance of the evidence that the child has been abused or neglected or is at substantial risk of imminent abuse or neglect. See §§ 39.01(14)(a),(f), .507(1)(b), Fla. Stat. (2006). "Abuse" is "any willful act" that results in "any ... mental ... injury or harm that causes or is likely to cause the…

Affirmed in part, reversed in part This opinion cites § 39.01 7 times: (15)(a), (15)(f), (2), (37)(a), (37)(j), (53)Cited as § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(31)(a) (2006 statutes), now § 39.01(37)(a); § 39.01(31)(j) (2006 statutes), now § 39.01(37)(j); § 39.01(43) (2006 statutes), now § 39.01(53)

· cited by 4 in all courts

Dependency of the two older children affirmed because the mother stayed with the abuser; the infant's adjudication reversed on the department's concession of no evidence.

…proves by a *515 preponderance of the evidence that the child has been abused or neglected or is at substantial risk of imminent abuse or neglect. See §§ 39.01(14)(a),(f), .607(l)(b), Fla. Stat. (2006). “Abuse” is “any willful act” that results in “any ... mental ... injury or harm that causes or is likely to cause the…

This opinion cites § 39.01 7 times: (51), and the section generallyCited as § 39.01(41) (2007 statutes), now § 39.01(51); § 39.01(44) (1999 statutes), now § 39.01(51)

· cited by 2 in all courts

…827.03 does not define “mental injury,” the supreme court, in DuFresne v. State, 826 So.2d 272, 278-79 (Fla.2002), held that the definition in section 39.01 could be used, as the two statutes should be read in pari materia. See also Zerbe v. State, 944 So.2d 1189, 1193 (Fla. 4th DCA 2006); State v. Coleman,…

Affirmed This opinion cites § 39.01 7 times: (1), (15), (53), (87)Cited as § 39.01(71) (2006 statutes), now § 39.01(87); § 39.01(14) (2006 statutes), now § 39.01(15); § 39.01(43) (2006 statutes), now § 39.01(53)

· 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.

…her ability to comprehend and implement the basic parenting skills and practices necessary to assure her child's health, safety, and well-being. See § 39.01(71), Fla. Stat. (2006) *498 (defining "substantial compliance" to mean "that the circumstances which caused the creation of the case plan have been…

Reversed This opinion cites § 39.01 7 times: (37)(g), (39), (51), (53), (60), and the section generallyCited as § 39.01(50) (2005 statutes), now § 39.01(60); § 39.01(45) (2005 statutes), now § 39.01(53); § 39.01(43) (2005 statutes), now § 39.01(51); § 39.01(31)(a) (2005 statutes), now § 39.01(39); § 39.01(31)(g)2. (2005 statutes), now § 39.01(39); § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g)

· cited by 13 in all courts

Dependency reversed because the mother's statements were wrongly admitted against the father and the evidence showed no neglect or imminent risk from his drug use.

…the department, the guardian ad litem or the representative of the guardian ad *557 litem program when the program has been appointed, and the child." § 39.01(50), Fla. Stat. An admission is made by a party to the litigation and it comes into evidence regardless of whether its maker is present at trial. Hunt v.…

This opinion cites § 39.01 7 times: (37), (37)(a), (37)(a)4.Cited as § 39.01(30)(a) (2004 statutes), now § 39.01(37)(a); § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.; § 39.01(30) (2004 statutes), now § 39.01(37)

· cited by 8 in all courts

…in a prosecution for simple child abuse." Id. at 1020 . Corporal punishment or corporal discipline is not defined in chapter 827. However, section 39.01(30)(a)4, Florida Statutes (2004), provides: 4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury as…

This opinion cites § 39.01 7 times: (2), (37), (51), and the section generallyCited as § 39.01(44) (1998 statutes), now § 39.01(51); § 39.01(30) (2004 statutes), now § 39.01(37); § 39.01(43) (2004 statutes), now § 39.01(51)

· cited by 1 in all courts

…was unconstitutionally vague because it was not defined in chapter 827. The court found that "mental injury" was defined in a closely related statute, section 39.01(44), Florida Statutes (Supp.1998), which under State v. Fuchs, 769 So.2d 1006, 1009 (Fla.2000), should be read in pari materia with chapter 827. Section…

Reversed This opinion cites § 39.01 7 times: (2), (37)(a)2., (37)(a)4., (37)(a)4.k., (37)(g)Cited as § 39.01(30)(a)4. (2005 statutes), now § 39.01(37)(a)4.; § 39.01(30)(a)4.k. (2005 statutes), now § 39.01(37)(a)4.k.; § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g); § 39.01(30)(g)2. (2005 statutes), now § 39.01(37)(g); § 39.01(30)(a)2. (2005 statutes), now § 39.01(37)(a)2.

· 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.

…of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child. § 39.01(2), Fla. Stat. (2005); see M.F., 770 So.2d at 1192 (explaining purposes of Florida Juvenile Justice Act); A.A. v. Dep't of Children & Families, 908…

Reversed This opinion cites § 39.01 7 times: (15)(a), (2), (37)(a), (37)(j), (53)Cited as § 39.01(30)(a) (2003 statutes), now § 39.01(37)(a); § 39.01(30)(j) (2003 statutes), now § 39.01(37)(j); § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(45) (2003 statutes), now § 39.01(53)

Dependency of two children reversed with directions to dismiss: a trivial incident of poor judgment showed no willful abuse or neglect; nothing concerned the brother.

…on the one hand, or the significant impairment of the health of the child, on the other, which are both required to support a finding of dependency. § 39.01(2), 2 (14)(a), 3 (45), 4 Fla. Stat. (2003); see G.C. v. Dep’t of Children & Families, 791 So.2d 17 (Fla. 5th DCA 2001), 5 mandamus denied by Guardian…

Reversed This opinion cites § 39.01 7 times: (1), (15)(a), (15)(f), (2), (37)(a), (37)(a)4., (37)(g)Cited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2003 statutes), now § 39.01(15)(f); § 39.01(30)(a) (2003 statutes), now § 39.01(37)(a); § 39.01(30)(a)4. (2003 statutes), now § 39.01(37)(a)4.; § 39.01(30)(g)2. (2003 statutes), now § 39.01(37)(g)

· cited by 3 in all courts

Dependency reversed because evidence of abandonment, one thrown container, and some cocaine use showed no resulting harm to the children.

…is found "[t]o have been abandoned, abused, or neglected by the child's parent" or "[t]o be at substantial risk of imminent abuse, abandonment, or neglect." § 39.01(14)(a), (f), Fla. Stat. (2003). Abandonment is defined as "a situation in which the parent . . ., while being able, makes no provision for the child's support and…

Reversed & remanded This opinion cites § 39.01 7 times: (1), (15), (2), (37)(a)3., (53)Cited as § 39.01(14) (2003 statutes), now § 39.01(15); § 39.01(45) (2003 statutes), now § 39.01(53); § 39.01(30)(a)3. (2003 statutes), now § 39.01(37)(a)3.

· cited by 5 in all courts

Shelter and dependency orders reversed: no sworn testimony supported sheltering, and leaving older children with caretakers during trips was not abuse, neglect or abandonment.

…or parents or legal custodians;... or (f) To be at substantial risk of imminent abuse, abandonment or neglect by the parent or parents or legal custodians." § 39.01(14), Fla. Stat. (2003). These are not generic terms without meaning. Florida Statutes give these terms specific and distinct definitions. Therefore, we must…

Affirmed in part, reversed in part This opinion cites § 39.01 7 times: (15)(a), (15)(f), (2), (3), (37), (37)(i)Cited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2003 statutes), now § 39.01(15)(f); § 39.01(30) (2003 statutes), now § 39.01(37); § 39.01(30)(i) (2003 statutes), now § 39.01(37)(i)

· cited by 5 in all courts

Dependency affirmed for the son struck by the grandfather the mother failed to supervise, but reversed for the daughter, who did not witness it.

…of the hearing he was no longer in her home. A child may be adjudicated dependent if the court finds that the child was "abandoned, abused, or neglected," § 39.01(14)(a), Fla. Stat. (2003), or that the child is "at substantial risk of imminent abuse, abandonment, or neglect," § 39.01(14)(f). We review the trial court's order…

Affirmed This opinion cites § 39.01 7 times: (15)(a), (15)(f), (2), (53), and the section generallyCited as § 39.01(14)(a) (1998 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1998 statutes), now § 39.01(15)(f); § 39.01(46) (1998 statutes), now § 39.01(53)

· cited by 6 in all courts

Dependency affirmed because the mother exposed the infant to the father's abuse; the court also erred in striking the pediatrician's expert testimony on cross-appeal.

…are supported by competent substantial evidence. D.D. v. Department of Children and Families, 773 So.2d 615, 617 (Fla. 5th DCA 2000). Under section 39.01, Florida Statutes (1998), the definition of a dependent child includes one who has been abandoned, abused, or neglected by his or her parents, custodians or…

This opinion cites § 39.01 7 times, a subsectionAlso cites § 39.01(2), 39.01(30), 39.01(26), 39.01(3), 39.01(37) under the 1987 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…that the evidence is clear and convincing is supported by the record and cannot be held to be unreasonable as a matter of law. CHILD ABUSE Section 39.01(2), Florida Statutes, 14 defines child abuse as “any willful act that results in any physical, mental or sexual injury that causes or is likely to cause the…

This opinion cites § 39.01 7 times, a subsectionAlso cites § 39.01(1) under the 1983 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…1983) and the dissent in In the Interest of K.A.F., 442 So.2d 365 (Fla. 5th DCA 1983). HRS relies on the statutory definition of abandonment in section 39.01(1), Fla. Stat., which describes "a situation in which a parent, who, while being able, makes no provision for the child's support and makes no effort to…

This opinion cites § 39.01 7 times, a subsectionAlso cites § 39.01(9), 39.01(8) under the 1978 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…in this case, rather than dependency, frustrates the plain legislative intent of chapter 39, designating truant and runaway behavior as dependency. § 39.01(9), Fla.Stat. (Supp.1978). 1 The state responds that a delinquency petition in substantial compliance with the pertinent statutes and rules was filed and that…

Reversed & remanded This opinion cites § 39.01 6 times: (43), (59)Cited as § 39.01(56) (2021 statutes), now § 39.01(59); § 39.01(40) (2021 statutes), now § 39.01(43)

Supplemental adjudication reversed because the trial court wrongly refused to consider on the merits the guardian ad litem's rule 8.270 challenge to a birth-certificate parent's status.

…T.M.—was A.L.'s biological father. Chapter 39 of the Florida Statutes governs proceedings relating to children, including dependency. Section 39.01(56) defines "parent" in pertinent part as "a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s.…

Reversed & remanded This opinion cites § 39.01 6 times: (54), (60), (61)Cited as § 39.01(57) (2020 statutes), now § 39.01(60); § 39.01(58) (2020 statutes), now § 39.01(61); § 39.01(51) (2020 statutes), now § 39.01(54)

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.

…notice of all proceedings and hearings under that chapter be provided to certain identified persons and "all other parties and participants"); see also § 39.01(57), (58) (defining party and participant); Fla. R. Juv. P. 8.235(a) (providing for the filing of motions by a party). 6 …

Reversed & remanded This opinion cites § 39.01 6 times: (54), (60), (61)Cited as § 39.01(58) (2020 statutes), now § 39.01(61); § 39.01(57) (2020 statutes), now § 39.01(60); § 39.01(51) (2020 statutes), now § 39.01(54)

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.

…a person must be either a participant or a party. The record is clear that A.R. does not qualify under the statutory definition of a party found in section 39.01(58), Florida 2 See § 39.502(17) (requiring reasonable notice of all proceedings and hearings under that chapter be provided to certain identified persons…

Affirmed This opinion cites § 39.01 6 times: (15)(e), and the section generally

Summary denial of four orphaned immigrant children's dependency petition affirmed under binding precedent; concurrence urges Supreme Court review and dissent would require an evidentiary hearing.

…twins M.V.A.V. and F.A.A.V. (each age 15 at that time), and J.E.A.V. (age seven at that time), petitioned for an adjudication of dependency under section 39.01(15)(e), Florida Statutes (2016). The petition was summarily denied “based on case law” following a brief non-evidentiary hearing.1 I would reverse and…

Certiorari / writ granted This opinion cites § 39.01 6 times: (15), (15)(a), (15)(f)

· cited by 5 in all courts

Certiorari granted; the order forcing DCF to provide a case plan was invalid because it rested on a mother's default on her own dependency petition.

…to the point, a valid dependency determination rests on a finding by the *1143 court of one or more of the conditions enumerated in section 39.01(15), Florida Statutes (2010). 9 We reject the premise that the statutory obligation of a court to find that a child is dependent and make findings…

This opinion cites § 39.01 6 times: (57)Cited as § 39.01(47) (2009 statutes), now § 39.01(57)

· cited by 4 in all courts

…in section 827.01(1) “does not encompass the seventeen (17) year old Defendant in this case.” Without articulating a reason, the court looked to section 39.01(47), Florida Statutes (2009), which for purposes of chapter 39 defines *82 “other person responsible for a child’s welfare” to include “an adult sitter ...…

Reversed This opinion cites § 39.01 6 times: (15)(a), (15)(f), (37)(g), (53)Cited as § 39.01(14)(a) (2007 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2007 statutes), now § 39.01(15)(f); § 39.01(43) (2007 statutes), now § 39.01(53); § 39.01(31)(g) (2007 statutes), now § 39.01(37)(g); § 39.01(31)(g)2. (2007 statutes), now § 39.01(37)(g)

· cited by 4 in all courts

Dependency adjudication reversed because DCF did not prove the father knew of the mother's drug use or that his own drug use endangered the children.

…failure to protect the children from the mother; and (3) the children are presently at risk of imminent neglect based upon the father's own drug use. See § 39.01(14)(a), (f), Fla. Stat. (2007); § 39.01(43), Fla. Stat. (2007). The department has the burden of proving that the children are dependent by a preponderance of the…

Reversed This opinion cites § 39.01 6 times: (15), (37), (53)Cited as § 39.01(30) (2005 statutes), now § 39.01(37); § 39.01(45) (2005 statutes), now § 39.01(53); § 39.01(14) (2005 statutes), now § 39.01(15)

· cited by 1 in all courts

Dependency reversed because domestic violence occurred outside the child's presence, the mother kept the father away, and evidence of his mental illness was scant.

…Mother had taken with regard to the referrals. Solely on Mother's and Richards' testimony, the trial court found the child dependent pursuant to sections 39.01(30) and 39.01(45), Florida Statutes (2005), based upon (1) the domestic violence incident in the garage; (2) the fact that Mother failed to appear for trial in…

Affirmed This opinion cites § 39.01 6 times: (15)(a), (15)(f), (2), (37)(a), (37)(b), (80)(d)Cited as § 39.01(14)(a) (2005 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(30)(a) (2005 statutes), now § 39.01(37)(a); § 39.01(30)(b) (2005 statutes), now § 39.01(37)(b); § 39.01(63)(d) (2005 statutes), now § 39.01(80)(d)

· 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.

…includes a child who is found by the trial court "[t]o have been abandoned, abused, or neglected by the child's parent or parents or legal custodians" under § 39.01(14)(a), Florida Statutes (2005); or "[t]o be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians." §…

Reversed This opinion cites § 39.01 6 times: (15)(a), (2), (37), (37)(g), (53)Cited as § 39.01(14)(a) (2004 statutes), now § 39.01(15)(a); § 39.01(30)(g) (2004 statutes), now § 39.01(37)(g); § 39.01(30) (2004 statutes), now § 39.01(37); § 39.01(45) (2004 statutes), now § 39.01(53)

· cited by 5 in all courts

Dependency reversed because small amounts of drugs in the home, without chronic severe use or demonstrated harm, did not show abuse, neglect or imminent risk.

…either: (1) abused, abandoned, or neglected by the parents; or (2) at imminent risk of being abused, abandoned, or neglected by the parents. See id. ; § 39.01(14)(a) & (f), Fla. Stat. (2004). Abuse An abused child is one who is subjected to "any willful act or threatened act that results in any physical, mental,…

Reversed This opinion cites § 39.01 6 times: (15)(a), (15)(f), (37), (37)(g), (53), and the section generallyCited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2003 statutes), now § 39.01(15)(f); § 39.01(45) (2003 statutes), now § 39.01(53); § 39.01(30) (2003 statutes), now § 39.01(37); § 39.01(30)(g) (2003 statutes), now § 39.01(37)(g)

· cited by 17 in all courts

Dependency reversed because parenting deficits, past drug use and anger problems did not show actual harm or substantial risk of imminent harm to the children.

…by a preponderance of the evidence that the child has been "abandoned, abused, or neglected by the child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. (2003). The court may also find a child to be dependent where the court finds the child "to be at substantial risk of imminent abuse, abandonment,…

Reversed This opinion cites § 39.01 6 times: (1), (15)(a), (2), (37)(a), (37)(g), (53)Cited as § 39.01(14)(a) (2002 statutes), now § 39.01(15)(a); § 39.01(30)(a) (2002 statutes), now § 39.01(37)(a); § 39.01(30)(g) (2002 statutes), now § 39.01(37)(g); § 39.01(45) (2002 statutes), now § 39.01(53)

· cited by 15 in all courts

Dependency reversed: the blood alcohol result lacked a proper records predicate, and the remaining evidence of drinking and 'beating' showed no harm to the child.

…abused, or neglected" by the parents, or a child who is found "[t]o be at substantial risk of imminent abuse, abandonment, or neglect" by the parents. See § 39.01(14)(a) & (f), Fla. Stat. (2002). Therefore, before we can affirm the trial court's adjudication of dependency, we *950 must either find: competent, substantial…

Reversed & remanded This opinion cites § 39.01 6 times: (15), (15)(a)Cited as § 39.01(14)(a) (2003 statutes), now § 39.01(15)(a); § 39.01(14) (2003 statutes), now § 39.01(15)

· cited by 18 in all courts

Written order must be conformed to the oral ruling withholding adjudication; dependency may rest on one parent, but a non-offending father gets placement absent danger.

…The written order stated that "[b]ased on the mother's consent, the Court finds the child(ren) to be dependent within the intent and meaning of Chapter 39.01(14)(a), Florida Statutes." Thus, the written order did not withhold adjudication of dependency, as had been agreed at the arraignment hearing. Where there is a…

Reversed This opinion cites § 39.01 6 times: (1), (2), and the section generally

· cited by 4 in all courts

Dependency reversed because no competent evidence showed abandonment or abuse; the mother visited, called, supported the children living with grandparents, and used only ordinary discipline.

…law, and whether the trial court’s ruling is supported by competent, substantial evidence. See In re M.F., 770 So.2d 1189 , 1192 (Fla.2000). Section 39.01(1), Florida Statutes (2001), defines “abandoned” as follows: a situation in which the parent or legal custodian of a child or, in the absence of a parent or…

This opinion cites § 39.01 6 times: (2), (51)Cited as § 39.01(44) (1998 statutes), now § 39.01(51); § 39.01(43) (2001 statutes), now § 39.01(51)Also cites § 39.01(30) under the 1996 statutes, too old to match to today's subsections.

· cited by 34 in all courts

…on Fuchs , held that the term "mental injury," as used in section 827.03(1)(b), is not unconstitutionally vague since the term is defined in section 39.01(44), Florida Statutes (Supp.1998). See id. at 894. The Fourth District, however, certified the above question as one of great public importance. [1] Id. at…

Reversed & remanded This opinion cites § 39.01 6 times: (15), (15)(a), (15)(f), (2), (53)Cited as § 39.01(14)(a) (1999 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f); § 39.01(46) (1999 statutes), now § 39.01(53); § 39.01(14) (1999 statutes), now § 39.01(15)

· cited by 4 in all courts

Dependency based on the mother's mental illness remanded for clarifying findings because the judge's oral remarks conflicted with the written adjudication.

…a sufficient nexus between Appellant's mental-health problems and the danger of significant impairment of the child's physical, mental, or emotional health. § 39.01(2),(14)(a), (14)(f), & (46), Fla. Stat. (1999); E.M.A. v. Department of Children & Families, 795 So.2d 183 (Fla. 1st DCA 2001) (revised opinion); Richmond…

Reversed This opinion cites § 39.01 6 times: (15)(a), (15)(f), (2), (51), (53)Cited as § 39.01(46) (1999 statutes), now § 39.01(53); § 39.01(14)(a) (1999 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f); § 39.01(44) (1999 statutes), now § 39.01(51)

· cited by 4 in all courts

Dependency adjudication reversed because verbal arguments between the parents, with no injury or witnessed violence, did not show neglect or harm to the child.

…of dependency, the trial court found: The minor child, is at risk of emotional abuse by the natural father, [K.R.], as *597 defined in Florida Statutes 39.01(46) in that while the parents were together, [K.R.] did in part cause and allow to exist a great deal of tension in the home environment which placed the child's…

Reversed This opinion cites § 39.01 6 times: (2), (37)(a), (51)Cited as § 39.01(30)(a) (1999 statutes), now § 39.01(37)(a); § 39.01(44) (1999 statutes), now § 39.01(51)

· cited by 16 in all courts

Dependency reversed because belt spankings with no proof of significant bruises, disfigurement, or likely future harm did not establish abuse.

…disorder and did not testify. The trial court found, based on the spankings with the belt, that the children were being abused by the father under section 39.01(2), Florida Statutes (1999) which provides: "Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that…

This opinion cites § 39.01 6 times, a subsectionAlso cites § 39.01(2), 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 22 in all courts

…and A.J.S., were legally dependent. We hold that there was insufficient evidence to support the trial court's finding of abuse and neglect under sections 39.01(2) and 39.01(27), Florida Statutes (1985), and reverse the trial court's determination of dependency. We further find that the trial court erred in its failure…

This opinion cites § 39.01 6 times, a subsectionAlso cites § 39.01(12), 39.01(10) under the 1975 statutes, too old to match to today's subsections.

· cited by 15 in all courts

…of committing a crime applies to delinquency proceedings. The answer depends upon a construction of the term "delinquent child" as defined by Section 39.01(12), Florida Statutes: "`Delinquent child' means a child who commits a violation of law, regardless of where the violation occurs, except a child *1165 who…

This opinion cites § 39.01 5 times: (2), and the section generally

…on abuse: (7) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or 7 This legislation garnered unanimous support and was signed into law by the Governor on May 11, 2010. See Ch. 2010-54, Laws…

Affirmed This opinion cites § 39.01 5 times: (15)(a), (2), (37), (50), (53)Cited as § 39.01(35) (2019 statutes), now § 39.01(37); § 39.01(47) (2019 statutes), now § 39.01(50); § 39.01(50) (2019 statutes), now § 39.01(53)

Dependency adjudication affirmed: the infant had leg fractures indicating abuse that the parents, the sole caregivers, could not explain.

…order, the trial court, relying on the testimony of the multiple medical experts who treated the child, found the child dependent pursuant to section 39.01(15)(a) of the Florida Statutes. Specifically, the trial court found that both child abuse and medical neglect occurred. See § 39.01(2), (35), (47), (50), Fla.…

This opinion cites § 39.01 5 times: (39), (57), and the section generallyCited as § 39.01(32) (2014 statutes), now § 39.01(39); § 39.01(47) (2014 statutes), now § 39.01(57)

· cited by 11 in all courts

…abuse. We agree with the Archdiocese and school. Section 95.11(7), Florida Statutes, provides: An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after the age of majority, or…

Reversed This opinion cites § 39.01 5 times: (15), (15)(a)

· 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.

…Department of Children and Families appeals the final order of which adjudicated A.A.A.-E. dependent, on the ground that the trial court misapplied section 39.01(15)(a), Florida Statutes, to the undisputed facts of the case. We agree with DCF and reverse the final order. This case commenced when A.A.A.-E.’s mother,…

Reversed & remanded This opinion cites § 39.01 5 times: (1), (59)Cited as § 39.01(49) (2014 statutes), now § 39.01(59)

· cited by 4 in all courts

Termination reversed: a prospective parent cannot abandon a child before paternity is established, his later visits showed regular contact, and least restrictive means was unproven.

…trial court entered an order terminating A.S.’s parental rights, finding the evidence was clear and convincing that A.S. abandoned J.A. as defined in section 39.01(1), Florida Statutes (2014), and within the meaning of section 39.806(1)(b), Florida Statutes (2014).3 The trial court further concluded that termination was the…

Reversed & remanded This opinion cites § 39.01 5 times: (15)(f), (37)(a), (53)Cited as § 39.01(32)(a) (2013 statutes), now § 39.01(37)(a); § 39.01(44) (2013 statutes), now § 39.01(53)

· cited by 5 in all courts

Dependency adjudication reversed because homelessness and unemployment, and mistreatment of another child eighteen months earlier, did not show imminent risk of neglect or harm.

…a child dependent if the child is at substantial risk of imminent harm or neglect “based on the conduct of one parent, both parents, or a legal custodian.” §§ 39.01(15)(f); 39.507(7)(a), Fla. Stat. (2013). “Harm” to a child’s health or welfare occurs when the child suffers “physical, mental, or emotional injury.” …

Affirmed This opinion cites § 39.01 5 times: (1)

· cited by 26 in all courts

Termination affirmed: the father abandoned the child through sporadic visits and nonpayment, and failed his case plan, never testing negative for marijuana.

…reference to the findings set out above, there is clear and convincing evidence that the father abandoned the child as contemplated by sections 39.806(l)(b) and 39.01(1), Florida Statutes. 2 “Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and…

This opinion cites § 39.01 5 times: (2), (21), (39), and the section generallyCited as § 39.01(32) (1999 statutes), now § 39.01(39); § 39.01(19) (1999 statutes), now § 39.01(21)Also cites § 39.01(35), which couldn't be matched to today's text.

· cited by 13 in all courts

…you should find [him][her] guilty, if all of the elements of the charge have been proven beyond a reasonable doubt. Definitions, give as applicable. § 39.01(2), Florida Statutes? “Abuse” means any willful-acb or threatened act that results in- any-physical, mental, or sexual-injury abuse, injury, or harm that…

Reversed This opinion cites § 39.01 5 times: (15)(f), (37), (37)(g)Cited as § 39.01(32)(g) (2010 statutes), now § 39.01(37)(g); § 39.01(32) (2010 statutes), now § 39.01(37)

· cited by 4 in all courts

Dependency adjudication as to the mother reversed because no competent evidence showed she would fail to protect the children from the father's drinking.

…allocation of the entire balance to the wife in equitably distributing this marital liability was an abuse of discretion). VI. Applicable Law Section 39.01(15)(f), Florida Statutes (2010), requires a dependency adjudication if the circuit court finds the children to be “at substantial risk of imminent abuse,…

Affirmed This opinion cites § 39.01 5 times: (15)(f), (37), (53)Cited as § 39.01(32) (2009 statutes), now § 39.01(37); § 39.01(44) (2009 statutes), now § 39.01(53)

Dependency adjudication affirmed based on prospective harm from the mother's abuse of a half-sibling, with remand only to correct the order's mistaken reference to neglect.

…at significant risk of harm based on the mother’s physical abuse of D.O. and the previous dependency adjudication of D.O. for that harm. See § 39.01(15)(f), (32), Fla. Stat. (2009). At the hearing, the mother’s physical and emotional harm of D.O, the previous adjudication of dependency for that harm, and the…

Reversed & remanded This opinion cites § 39.01 5 times: (1)

· cited by 2 in all courts

Abandonment termination reversed because the court excluded evidence of the incarcerated mother's case plan efforts, which bear on her intent.

… On April 30, 2010, the Department filed a petition for termination of parental rights. The Department alleged abandonment, pursuant to section 39.01(1) of the Florida Statutes, as its only ground for termination as to L.K. L.K. argued the trial court erroneously excluded evidence of her compliance with her…

This opinion cites § 39.01 5 times: (1), (2), (20), and the section generally

· cited by 3 in all courts

…a presumption of detriment is that a parent “[h]as been the subject of a report to the child abuse hotline alleging sexual abuse of any child as defined in s. 39.01.” § 39.0139(3)(a)1, Fla. Stat. (2008). In this case, the wife contends that her report to a *4 hotline 1 triggered the presumption…

Reversed This opinion cites § 39.01 5 times: (15)(a), (15)(f), (30), (53)Cited as § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(43) (2006 statutes), now § 39.01(53)

· cited by 4 in all courts

Adjudication reversed because the mother's cocaine use during pregnancy, without proof of harm or a nexus to neglect, did not show prospective neglect.

SHEPHERD, J. This is an appeal from an order adjudicating L.P.’s three children dependent as to her on the ground of prospective neglect under section 39.01(14)(f) of the Florida Statutes. The substance of the testimony on which L.P. was adjudicated was cocaine use during the last trimester of her third pregnancy and…

Reversed This opinion cites § 39.01 5 times: (1), (12), (15)(f), (2)Cited as § 39.01(14)(f) (2004 statutes), now § 39.01(15)(f)

· 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.

…change by DCF in its legal and factual theories to achieve that result. Apparently concerned about the viability of its petition as filed, see section 39.01(12), Florida Statutes (2004) ("`[c]hild' or `youth' means any *56 unmarried person under the age of 18 years who has not been emancipated by order of the…

Affirmed This opinion cites § 39.01 5 times: (15)(a), (15)(f), (2), (53), and the section generallyCited as § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(43) (2006 statutes), now § 39.01(53)

· 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.

…that adversely affected the children's care, exposed the children to illegal drugs in the home, and kept her home in a deplorable condition. Under section 39.01, Florida Statutes, the definition of a dependent child includes one who has been abandoned, abused, or neglected by his or her parents, custodians, or…

Reversed & remanded This opinion cites § 39.01 5 times: (15)(a), (15)(f), (2), (37)(i)Cited as § 39.01(14)(a) (2004 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2004 statutes), now § 39.01(15)(f); § 39.01(30)(i) (2004 statutes), now § 39.01(37)(i)

· cited by 12 in all courts

Dependency reversed: one domestic violence incident witnessed by the children, with the parents now separated and no later incidents, showed no present threat of harm.

…abused, or neglected by his or her parents or one who is "at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents." § 39.01(14)(a), (f), Fla. Stat. (2004). "Abuse" is defined as "any willful act or threatened act that results in any physical, mental or sexual injury or harm." § 39.01(2).…

Reversed This opinion cites § 39.01 5 times: (1)

· cited by 2 in all courts

Termination reversed: DCF stopped the cognitively impaired mother's therapy for seven months, and the record did not show further services would be futile.

…abandonment, or neglect; and 3) section 39.806(1)(b), Florida Statutes (2004), which provides that the parent has abandoned the child as defined in section 39.01(1), Florida Statutes (2004), if the parent, while being able, makes no provision for the support of the child and no effort to communicate with the child. [4] …

Reversed This opinion cites § 39.01 5 times: (15)(e), and the section generallyCited as § 39.01(14)(e) (2005 statutes), now § 39.01(15)(e)

· cited by 14 in all courts

Orphaned minor with no legal custodian was dependent, no Attorney General consent was needed, and the court must enter a nunc pro tunc dependency order.

…is part of the general background. Later in the petition, petitioner alleges that "the minor child is dependent within the intent and meaning of [section] 39.01, Florida Statutes." The trial court held a final hearing on the petition on November 13, 2003. At trial, evidence established that the boy was 17 years old,…

Reversed This opinion cites § 39.01 5 times: (2), (37)(a), (37)(a)4.Cited as § 39.01(30)(a) (2004 statutes), now § 39.01(37)(a); § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.

· cited by 13 in all courts

Dependency reversed because corporal discipline by the brother caused no significant bruises or disfigurement, so evidence of excessive discipline was lacking.

…mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." § 39.01(2), Fla. Stat. (2004). The trial court found C.M. was abused because "the mother allowed corporal punishment to be administered on him at the hands of his…

Affirmed This opinion cites § 39.01 5 times: (15)(a), (15)(f), (2), (37)(a), (37)(a)4.h.Cited as § 39.01(14)(a) (2002 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2002 statutes), now § 39.01(15)(f); § 39.01(30)(a)1.h. (2002 statutes), now § 39.01(37)(a)4.h.; § 39.01(30)(a) (2002 statutes), now § 39.01(37)(a)

· cited by 6 in all courts

Dependency adjudication affirmed because the father's violent propensity toward the mother posed a substantial risk of imminent harm to the child.

…swollen lip. Under chapter 39, a dependent child is one who has been abandoned, abused, or neglected by the child's parent or parents or legal custodians. § 39.01(14)(a), Fla. Stat. (2002). A dependent *331 child is also one who is "at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or…

Affirmed This opinion cites § 39.01 5 times: (1), (10), (12), (15), (57)Cited as § 39.01(14) (2003 statutes), now § 39.01(15); § 39.01(47) (2003 statutes), now § 39.01(57)

· cited by 6 in all courts

Denial of a teenager's dependency petition, sought for immigration status, affirmed because parents sending him to live with his uncle was not abandonment.

…has arisen before and will reoccur. Logan v. State, 846 So.2d 472 (Fla.2003). Abandonment, which is a ground for a finding of dependency under section 39.01(14), Florida Statutes (2003) is defined under section 39.01(1): “Abandoned” means a situation in which the parent or legal custodian of a child or, in the…

Reversed & remanded This opinion cites § 39.01 5 times: (15)(a), (15)(f), (2), (37)(a), (37)(g)Cited as § 39.01(14)(a) (2002 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2002 statutes), now § 39.01(15)(f); § 39.01(30)(a) (2002 statutes), now § 39.01(37)(a); § 39.01(30)(g) (2002 statutes), now § 39.01(37)(g)

· cited by 31 in all courts

Dependency reversed: domestic violence in the child's presence was too remote, and no evidence showed harm or imminent prospective harm from the father's substance use.

…abused, or neglected by his or her parents or one who is "at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents." § 39.01(14)(a), (f), Fla. Stat. (2002). "Abuse" is defined as "any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes…

This opinion cites § 39.01 5 times: (2), (37), (37)(a)4.k., and the section generallyCited as § 39.01(30) (1999 statutes), now § 39.01(37); § 39.01(30)(a)4.k. (1999 statutes), now § 39.01(37)(a)4.k.

· cited by 2 in all courts

…us. The legislature has recognized three different levels of excessive corporal punishment of a child. The first is civil child *1111 abuse under section 39.01, Florida Statutes (1999). Abuse is defined in section 39.01(2) as "any willful act or threatened act that results in any physical, mental, or sexual injury or…

Affirmed This opinion cites § 39.01 5 times: (37), (53), and the section generallyCited as § 39.01(46) (1999 statutes), now § 39.01(53); § 39.01(30) (1999 statutes), now § 39.01(37)

· cited by 30 in all courts

Dependency adjudication affirmed: the child witnessing the father's abuse of the mother supported prospective neglect, and expert testimony was not required.

…(Fla. 2nd DCA 2000). An adjudication must be upheld if the trial court's findings of fact are supported by competent substantial evidence. Id. Section 39.01(46) of the Florida Statutes (1999) defines neglect for purposes of dependency proceedings as follows: 39.01 Definitions.—When used in this chapter, unless the…

Affirmed This opinion cites § 39.01 5 times: (15), (15)(a), (15)(f), and the section generallyCited as § 39.01(11) (1997 statutes), now § 39.01(15); § 39.01(11)(a) (1997 statutes), now § 39.01(15)(a); § 39.01(11)(f) (1997 statutes), now § 39.01(15)(f)

· 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.

…this chapter, is found by the court: . . . . (f) To be at substantial risk of imminent abuse or neglect by the parent or parents or the custodian. § 39.01, Fla. Stat. (1997) (emphasis added). "Abuse" and "neglect" are defined as follows: (2) "Abuse" means any willful act that results in any physical, mental,…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(61), 39.01(59), 39.01(61)(c), 39.01(59)(c), 39.01(59)(e) under the 1993 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…was still very much in control of A.S. and had indeed imposed certain restrictions on A.S.'s activities in the aftermath of this incident. [2] Subsection 39.01(61), Florida Statutes (1993) (amended and renumbered 1994, see § 39.01(59), Fla.Stat. (1995)) defines "restrictiveness level" as "the level of custody provided…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(61), 39.01(59), 39.01(61)(c), 39.01(59)(c), 39.01(59)(e) under the 1993 statutes, too old to match to today's subsections.

· cited by 30 in all courts

…was still very much in control of A.S. and had indeed imposed certain restrictions on A.S.'s activities in the aftermath of this incident. . Subsection 39.01(61), Florida Statutes (1993) (amended and renumbered 1994, see § 39.01(59), Fla.Stat. (1995)) defines "restrictiveness level” as "the level of custody provided…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1) under the 1985 statutes, too old to match to today's subsections.

· cited by 97 in all courts

…child. Id. at 744 (emphasis added). When this Court decided Doe, chapter 63 did not include a definition of abandonment. The Court looked to section 39.01(1), Florida Statutes (1985), which defined abandonment *966 in juvenile proceedings. The definition in chapter 39 did not discuss a father's prebirth conduct,…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1) under the 1985 statutes, too old to match to today's subsections.

· cited by 12 in all courts

…child. Id. at 744 (emphasis added). When this Court decided Doe, chapter 63 did not include a definition of abandonment. The Court looked to section 39.01(1), Florida Statutes (1985), which defined abandonment *966 in juvenile proceedings. The definition in chapter 39 did not discuss a father’s prebirth conduct,…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(10)(a), 39.01(2) under the 1993 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…should therefore have been dismissed. We agree. A dependent child is one who has been abandoned, abused, or neglected by his parents or custodians. Sec. 39.01(10)(a), Fla. Stat. (1993); Hardy v. Department of H.R.S., 568 So.2d 1314, 1316 (Fla. 5th DCA 1990). Based upon the conclusions in support of the order of…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1), 39.01(2) under the 1993 statutes, too old to match to today's subsections.

…entitled "Proceedings related to juveniles," dealing with termination of parental rights. The problem with the statutory definition set forth in subsection 39.01(1), and subsequently engrafted by the legislature into subsection 63.032(14), is that the primary definition clearly envisions circumstances where the parent has…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1), 39.01(2) under the 1993 statutes, too old to match to today's subsections.

…entitled “Proceedings related to juveniles,” dealing with termination of parental rights. The problem with the statutory definition set forth in subsection 39.01(1), and subsequently engrafted by the legislature into subsection 63.032(14), is that the primary definition clearly envisions circumstances where the parent has…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(61), 39.01(18), 39.01(45) under the 1990 statutes, too old to match to today's subsections.

· cited by 74 in all courts

…the individual child. Restrictiveness levels must be established by [HRS] *990 by rule, provided however that there shall be no more than eight levels. § 39.01(61), Fla. Stat. (Supp. 1990). In D.P., the First District concluded that these provisions improperly delegate legislative authority to HRS, in effect, to…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(51) under the 1989 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…officials.” V.C.F. then entered a plea of nolo contendere, specifically reserving her right to appeal the lower court’s denial of this motion. Section 39.01(51), Florida Statutes (1989), defines the term “taken into custody” for purposes of that chapter to mean “the status of a child immediately when temporary…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1), 39.01(2), 39.01(27) under the 1979 statutes, too old to match to today's subsections.

…alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those terms are defined by Section 39.01, Florida Statutes (1979). The initial hearing was continued because the mother was hospitalized due to her mental condition. At the second hearing, the…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(1), 39.01(2), 39.01(27) under the 1979 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those terms are defined by Section 39.01, Florida Statutes (1979). The initial hearing was continued because the mother was hospitalized due to her mental condition. At the second hearing, the…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(25), 39.01(29), 39.01(10) under the 1977 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…of jurisdiction from the County Court to the Circuit Court in the case sub judice. ****** The Court having considered the aforesaid [Florida Statutes §§ 39.01(25); 39.02; 316.625, 316.045 (renumbered 316.630); 322.16; 322.39] and in addition thereto having considered the District Court Of Appeal, First District, Case…

This opinion cites § 39.01 5 times, a subsectionAlso cites § 39.01(10), 39.01(11) under the 1955 statutes, too old to match to today's subsections.

· cited by 10 in all courts

…under any age specified by the Legislature" are involved, the legislature would have the power to classify them (minors) as dependent or delinquent. F.S. § 39.01(10), F.S.A., defines dependent child as one "who, for any reason, is destitute, homeless, dependent upon the public for support, or has not proper parental…

Affirmed This opinion cites § 39.01 4 times: (15)(a), (15)(f)

Dependency adjudication affirmed because the serious domestic violence and the children's statements supported abuse or substantial risk of abuse; one judge dissented on evidence.

…petition for dependency arguing protection of the children was necessary in part because they had been abused, abandoned, or neglected as defined in section 39.01(15)(a), Florida Statutes (2025), and were at substantial risk of imminent abuse, abandonment, or neglect as contemplated by section 39.01(15)(f). In a thorough…

This opinion cites § 39.01 4 times, the section generally

…added in 2012. See Ch. 2012-155, § 9, Laws of Fla. Prior to the 2012 amendments, courts relied on the definition of “mental injury” set forth in section 39.01, Florida Statutes. See Zerbe v. State, 944 So. 2d 1189, 1193 (Fla. 4th DCA 2006) (relying on definition of “mental injury” in section 39.01, Florida…

Affirmed This opinion cites § 39.01 4 times: (1)

Termination affirmed because the father, who delayed stepping forward, rarely visited and paid support once, abandoned the child; best interests and least restrictive means met.

…seeks to reverse the amended final judgment terminating his parental rights to the child (“C.B.”) on grounds of abandonment, pursuant to sections 39.01(1) and 39.806(1)(b), Florida Statutes (2023). We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). We affirm. BACKGROUND …

Reversed This opinion cites § 39.01 4 times: (2), and the section generally

Order denying shelter reversed with directions to grant it; a child born during the mother's open dependency case without substantial compliance establishes probable cause.

… substantially complied with the case plan towards successful reunification or met the conditions for return of the children into the home. § 39.01(2), Fla. Stat. (2024). Florida Rule of Juvenile Procedure 8.305(b)(3) provides that “[t]he issue of probable cause must be determined in a nonadversarial…

Certiorari / writ granted This opinion cites § 39.01 4 times: (60), (61)Cited as § 39.01(58) (2023 statutes), now § 39.01(61); § 39.01(57) (2023 statutes), now § 39.01(60)

Certiorari granted and order quashed because prospective adoptive parents are only participants, not parties, and cannot intervene as parties in a dependency case.

…for continuance, explaining that while GAL was not opposed to a brief continuance, the Prospective Parents were not a party to the action under section 39.01(58), Florida Statutes (2023), and thus lacked standing to motion the court. On July 26, 2023, the trial court granted GAL's motion to strike and continued the…

Certiorari / writ granted This opinion cites § 39.01 4 times: (60), (61)Cited as § 39.01(58) (2023 statutes), now § 39.01(61); § 39.01(57) (2023 statutes), now § 39.01(60)

Certiorari granted and the order quashed because prospective adoptive parents are participants, not parties, and the court wrongly let them intervene as parties.

…for continuance, explaining that while GAL was not opposed to a brief continuance, the Prospective Parents were not a party to the action under section 39.01(58), Florida Statutes (2023), and thus lacked standing to motion the court. On July 26, 2023, the trial court granted GAL's motion to strike and continued the…

Affirmed This opinion cites § 39.01 4 times: (61)Cited as § 39.01(58) (2022 statutes), now § 39.01(61)

Denial of party status and intervention to a foster mother affirmed; her termination petition did not make her a party, and juvenile rules bar intervention.

… M.K. argues that she was entitled to party status in the pending dependency action by virtue of filing a TPR petition, making her a party pursuant to section 39.01(58), Florida Statutes (2022), and Florida Rule of Juvenile Procedure 8.210(a). Adoption Entity and GAL argue that M.K. did not become a party petitioner in the…

Reversed & remanded This opinion cites § 39.01 4 times: (15)(a), (15)(e), (15)(f)Cited as § 39.01(14)(a) (2022 statutes), now § 39.01(15)(a); § 39.01(14)(e) (2022 statutes), now § 39.01(15)(e); § 39.01(14)(f) (2022 statutes), now § 39.01(15)(f)

Denial of dependency reversed: judge refused to weigh child witnesses' credibility, required actual harm, and appeared partial; new hearing before a different judge.

…its investigation, DCF filed a shelter petition seeking to shelter the Children. It also filed Petitions for Dependency for the Children pursuant to section 39.01(14)(a), (e), and (f), Florida Statutes. The allegations included: domestic violence in the Children’s presence, excessive alcohol use, housing instability,…

Reversed & remanded This opinion cites § 39.01 4 times: (2)

Denial of shelter reversed because a newborn born during open sibling dependency cases, with return conditions unmet, is in imminent danger by statute.

… complied with the case plan towards successful reunification or met the conditions for return of the children into the home. § 39.01(2), Fla. Stat. (2022) (emphasis added). Based upon the clear and plain language 4 of section 39.01(2), Florida Statutes, the open dependency cases for…

Reversed & remanded This opinion cites § 39.01 4 times: (19)

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.

…internal operation of the court system and the assignment of judges to various divisions does not limit a particular judge's jurisdiction."); see also § 39.01(19), .013(2); § 63.032(8), .087(1). The domestic relations division correctly recognized that, generally, it had jurisdiction over chapter 63 TPR petitions. …

Affirmed This opinion cites § 39.01 4 times: (15)(a), (15)(f), (53)Cited as § 39.01(50) (2020 statutes), now § 39.01(53)

Dependency affirmed because the volatile, violent relationship between the parents created an unstable environment risking neglect of the infant.

…I.J. (“Child”), dependent. We affirm. The Father contends that the trial court reversibly erred when it found the Child dependent under sections 39.01(15)(a) or (f), Florida Statutes (2020), arguing that the Department failed to establish that the Child was neglected or at imminent risk of neglect as defined in…

Reversed This opinion cites § 39.01 4 times: (15), (53), and the section generallyCited as § 39.01(50) (2019 statutes), now § 39.01(53)

Dependency of the youngest child reversed: decade-old abuse of siblings and their missed medication showed no nexus to imminent risk to him.

…or legal custodians; . . . (f) [t]o be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians[.]” § 39.01(15), Fla. Stat. The statute defines “abuse” as “any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that…

Reversed & remanded This opinion cites § 39.01 4 times: (15)(a), (2), (44), (60)Cited as § 39.01(35)(a)1.b. (2016 statutes), now § 39.01(44); § 39.01(50) (2016 statutes), now § 39.01(60)

After denying termination, the court had to consider dependency; remanded to adjudicate the child dependent given the parents' concession and the child's fractures.

…judgment, and the record supports a finding of dependency as evidenced by the child’s two fractures as well as the parents’ delay in seeking treatment. See § 39.01(15)(a), Fla. Stat. (defining a dependent child as one who has been abandoned, abused, or neglected); § 39.01(2) Fla. Stat. (defining abuse as including an act that…

Reversed This opinion cites § 39.01 4 times: (15)(a), (15)(f)

Dependency adjudication on remand reversed with instructions to dismiss because speculation about who injured the infant and stale minor lapses did not prove dependency.

…their -2- request and, without hearing any new evidence, adjudicated the Child dependent under sections 39.01(15)(a) and (f), Florida Statutes (2018), which define a dependent child as one who was abandoned, abused, or neglected or who is at substantial risk of…

Affirmed in part, reversed in part This opinion cites § 39.01 4 times: (15)(a)

· cited by 1 in all courts

Findings that the father abused, abandoned and neglected the children affirmed, but disposition and case plan reversed for lack of notice and a separate hearing.

…the children dependent and finds that he engaged in conduct constituting abuse, abandonment, and neglect of the children within the meaning of section 39.01(15)(a), Florida Statutes (2017). We affirm the order without further comment insofar as it makes findings that the Father engaged in conduct that constitutes…

Reversed This opinion cites § 39.01 4 times: (1), (15)(f), (2)

Dependency reversed because leaving the child with an aunt who had a resolved prior DCF case, plus a gun discharge, showed no substantial imminent risk.

…in June 2017, DCF filed a verified petition for dependency, alleging, in part, as follows: (1) the mother abandoned L.W., as defined in section 39.01(1); and (2) L.W. is “at a substantial risk of imminent abuse, abandonment, or neglect” based, in part, on the mother’s alleged use of illegal drugs and the…

Affirmed in part, reversed in part This opinion cites § 39.01 4 times: (50), (53)Cited as § 39.01(41) (2015 statutes), now § 39.01(50); § 39.01(44) (2015 statutes), now § 39.01(53)

On remand after termination reversal, dependency affirmed for the child with untreated severe injuries but reversed for the sibling because neglect evidence was scant.

…presented in our prior opinion. On remand, without considering further evidence, the trial court adjudicated the children dependent under sections 39.01(41) and 39.01(44) of the Florida Statutes. We affirm the adjudication as to E.C., but reverse the adjudication as to G.C. We begin by noting that the…

Reversed & remanded This opinion cites § 39.01 4 times: (15)(f), (2), (37)(g), (37)(g)1.Cited as § 39.01(30)(g) (2015 statutes), now § 39.01(37)(g); § 39.01(30)(g)1. (2015 statutes), now § 39.01(37)(g)1.

Dismissal of dependency petition reversed because a positive drug test at birth constitutes harm and states a prima facie case of dependency.

…Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is…

Affirmed This opinion cites § 39.01 4 times: (15)(a), (15)(f)

Summary denial of an immigrant teen's private dependency petition affirmed per curiam under circuit precedent; a dissent would have remanded for individualized consideration.

…while B.R.C.M. was released to his godmother in Miami. E.P.N.’s petition alleged that she was abandoned by her father and thus dependent under section 39.01(15)(a), Florida Statutes (2015). She also alleged abuse by her mother and father within the past two years, when her parents left her with a relative who beat and…

This opinion cites § 39.01 4 times: (74)Cited as § 39.01(59) (2000 statutes), now § 39.01(74)

· cited by 2 in all courts

…order for Rilya that awarded Pamela non-relative, temporary custody of Rilya. In effect, Pamela and DCF became co-custodians of Rilya and Rodricka. See §§ 39.01(59), 39.521(1)(b)3., Fla. Stat. (2000). Pamela and Geralyn Graham agreed that, between the two of them, Geralyn Graham would care for Rilya and Rodricka…

This opinion cites § 39.01 4 times: (42), (59)Cited as § 39.01(49) (2013 statutes), now § 39.01(59); § 39.01(35) (2013 statutes), now § 39.01(42)

· cited by 5 in all courts

… - 10 - Parental affirmative defense. Give if applicable. See Raford v. State, 828 So. 2d 1012 (Fla. 2002). See § 39.01(49), Florida Statutes, if the defendant’s status as a parent is at issue. § 827.03 Fla. Stat. and case law are silent as to (1) which party bears…

Reversed This opinion cites § 39.01 4 times: (15)(a), (15)(f)

· cited by 1 in all courts

Adjudication reversed: the only abuse opinion rested on the doctor's credibility doubts, not medical probability, and could not establish abuse over an accidental fall.

… -3- substantial risk of imminent abuse or neglect." C.M. v. Dep't of Children and Family Servs., 997 So. 2d 513, 514-15 (Fla. 2d DCA 2008); see also §§ 39.01(15)(a),(f), .507(1)(b), Fla. Stat. (2013)). We give great deference to the trial court's findings of fact and its superior opportunity to judge the credibility of…

Affirmed in part, reversed in part This opinion cites § 39.01 4 times: (15)(f), (2), (37)(a)Cited as § 39.01(32)(a) (2013 statutes), now § 39.01(37)(a)

Dependency affirmed as to the abused daughter but reversed as to the son: no harm to him and no findings on imminent risk.

…physical [or] mental ... injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired.” § 39.01(2), Fla. Stat. (2013). “Harm” is defined as occurring “when any person ... [i]nflicts ... upon the child physical, mental, or emotional injury.” § 39.01(32)(a),…

This opinion cites § 39.01 4 times: (2), (56)Cited as § 39.01(45) (2007 statutes), now § 39.01(56)

… ________________ _____ ______ _______________________________ 2. Verified allegations of child abuse or neglect as defined in sections 39.01(2) or (45), Florida Statutes, ( ) HAVE ( ) HAVE NOT been made in this case. 3. The matters before the Court regarding the minor child(ren) are ( )…

Affirmed This opinion cites § 39.01 4 times: (15)(f), (37)(g), (53)Cited as § 39.01(44) (2009 statutes), now § 39.01(53); § 39.01(32)(g)2. (2009 statutes), now § 39.01(37)(g)

Dependency adjudication affirmed on prospective neglect because evidence tied the mother's chronic marijuana use and anger problems to a substantial risk to the child.

…v. Dep't of Children & Family Servs., 9 So.3d 750, 754 (Fla. 2d DCA 2009). The instant dependency determination was based on prospective neglect, § 39.01(15)(f), Fla. Stat. (2009), the circuit court finding that J.B. was "at grave, imminent risk of harm" and that the harm was highly predictable based on the mother's…

Affirmed This opinion cites § 39.01 4 times: (15)(f), (37)(g), (53)Cited as § 39.01(44) (2009 statutes), now § 39.01(53); § 39.01(32)(g)2. (2009 statutes), now § 39.01(37)(g)

· cited by 3 in all courts

Dependency adjudication affirmed on prospective neglect because evidence tied the mother's chronic marijuana use and anger problems to a substantial risk to the child.

…v. Dep’t of Children & Family Servs., 9 So.3d 750, 754 (Fla. 2d DCA 2009). The instant dependency determination was based on prospective neglect, § 39.01(15)(f), Fla. Stat. (2009), the circuit court finding that J.B. was “at grave, imminent risk of harm” and that the harm was highly predictable based on the mother’s…

Reversed This opinion cites § 39.01 4 times: (15)(a), (15)(f), (37)(g)Cited as § 39.01(14)(a) (2007 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2007 statutes), now § 39.01(15)(f); § 39.01(31)(g)2. (2007 statutes), now § 39.01(37)(g)

· cited by 1 in all courts

Dependency finding with withheld adjudication, and the related treatment court order, reversed because DCF proved no abuse, neglect, imminent risk or harmful substance use.

…2000). The Mother argues, and the Department concedes, that the Department failed to prove abuse, abandonment or neglect, or imminent risk thereof. See § 39.01(14)(a), (f), Fla. Stat. (2007). The record supports the Department’s concession and that, it failed to prove the Mother’s “[cjontinued chronic and severe use of a…

Reversed This opinion cites § 39.01 4 times: (15)(a), (15)(f), (2), (37)Cited as § 39.01(14)(a) (2007 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2007 statutes), now § 39.01(15)(f); § 39.01(31) (2007 statutes), now § 39.01(37)

· cited by 5 in all courts

Dependency adjudication reversed because nothing showed the three-month-old child was aware of or harmed by the parents' domestic violence incident or faced a current threat.

…dependent child is one who has been abused by *138 either or both parents, or who is at “substantial risk of imminent abuse” by the parents. § 39.01(14)(a), (f), Fla. Stat. (2007). An “abused” child is one who is subjected to “any willful act or threatened act that results in any physical, mental, or sexual…

Affirmed This opinion cites § 39.01 4 times: (1)

· cited by 1 in all courts

Termination affirmed because the mother failed to comply with three successive case plans and abandoned her newborn; a concurrence rested on abandonment alone.

…by the trial court. Affirmed. COPE, J. (specially concurring). I concur in affirming the judgment on the basis of "[a]bandonment as defined in s. 39.01(1), [Fla. Stat. (2007)] ...." § 39.806(1)(b), Fla. Stat. (2007). The evidence supports that part of the "abandoned" definition which states, "If the efforts of…

This opinion cites § 39.01 4 times: (37), (37)(a)4., (39)Cited as § 39.01(30)(a)4. (2004 statutes), now § 39.01(37)(a)4.; § 39.01(30) (2004 statutes), now § 39.01(37); § 39.01(31) (2004 statutes), now § 39.01(39)

· cited by 1 in all courts

…means asphyxiation, suffocation, or drowning." Ms. Garrett argues that it was fundamental error for the court to use that definition borrowed from section 39.01(30)(a)(4)e., Florida Statutes (2004). [1] We reject this contention. Section *216 39.01(30)(a)(4) should be read in pari materia with section 827.03(1) and is…

Affirmed in part, reversed in part This opinion cites § 39.01 4 times: (1), (62)Cited as § 39.01(51) (2006 statutes), now § 39.01(62)

· cited by 13 in all courts

Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.

…requirements of the federal Adoption and Safe Families Act, effective July 1, 2006. See, e.g., Chap. 2006-86, §§ 1 & 19, Laws of Fla. (adding language in §§ 39.01(51) & 39.621(2), Fla. Stat. (2006), redefining "permanency goals" under this chapter and stating a preference for "[r]eunification" followed by, in descending…

This opinion cites § 39.01 4 times: (59), (71), and the section generallyCited as § 39.01(49) (2004 statutes), now § 39.01(59); § 39.01(56) (2004 statutes), now § 39.01(71)

· cited by 6 in all courts

…has no definition of "mother" or "father." Rather, section 63.032(12) states that the word "parent" as used in chapter 63 "has the same meaning ascribed in s. 39.01." Section 39.01(49), Florida Statutes (2004), defines parent as follows: "Parent" means a woman who gives birth to a child and a man whose consent to the…

This opinion cites § 39.01 4 times: (57)Cited as § 39.01(47) (2003 statutes), now § 39.01(57)

· cited by 2 in all courts

…she was not a section 827.03(3) "caregiver" or "other person responsible for a child's welfare" if that section was read in pari materia with section 39.01(47), Florida Statutes (2003). [1] The State responded that the Chapter 39 definition of "other person responsible for a child's welfare" did not need to be…

Reversed This opinion cites § 39.01 4 times: (1), (2), (37)(g)Cited as § 39.01(30)(g)2. (2003 statutes), now § 39.01(37)(g)

· cited by 1 in all courts

Dependency adjudication reversed because the father's weak contact did not amount to abandonment and no harm from past drug use was proved.

…children were "sporadic." Sometime before the hearing he began paying $24 per week to the paternal grandfather for child support arrearages he owed. Section 39.01(1), Florida Statutes (2003) defines abandonment as: [A] situation in which the parent ..., while being able, makes no provision for the child's support and…

Affirmed This opinion cites § 39.01 4 times: (2), (37), (37)(f), (53)Cited as § 39.01(30) (2002 statutes), now § 39.01(37); § 39.01(45) (2002 statutes), now § 39.01(53); § 39.01(30)(f) (2002 statutes), now § 39.01(37)(f)

· cited by 1 in all courts

Dependency adjudication affirmed because evidence of domestic violence in the child's presence and neglect of the child's dental care supported abuse and neglect findings.

…act that results in injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. § 39.01(2), Fla. Stat. "Harm" includes engaging in violent behavior that demonstrates a wanton disregard for the presence of the child, section 39.01(30)(I), Florida…

Affirmed This opinion cites § 39.01 4 times: (2), (37)(f), (37)(i), (53)Cited as § 39.01(30)(i) (2002 statutes), now § 39.01(37)(i); § 39.01(45) (2002 statutes), now § 39.01(53); § 39.01(30)(f) (2002 statutes), now § 39.01(37)(f)

· cited by 6 in all courts

Dependency adjudication affirmed because evidence of the father's nonsupport, violence and ejecting the mother and child on a cold night supported neglect and abuse findings.

…& Families, Wildwood, for Appellee. *1079 THOMPSON, C.J. A.D., the father, appeals an order adjudicating his child dependent. We affirm. Section 39.01(2), Florida Statutes, defines "abuse" as: [A]ny willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(2), 39.01(30) under the 1985 statutes, too old to match to today's subsections.

· cited by 23 in all courts

…39 that designates certain types of excessive corporal punishment as civil child abuse. Ch. 98-403, § 20, Laws of Fla. The definition of "abuse" in section 39.01(2) was amended to read: "Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely…

Affirmed This opinion cites § 39.01 4 times: (15)(e), (53)Cited as § 39.01(14)(e) (2001 statutes), now § 39.01(15)(e); § 39.01(45) (2001 statutes), now § 39.01(53)

· cited by 3 in all courts

Dependency of an infant affirmed because his teen mother, herself in foster care without income, could not care for him; a dissent saw only poverty.

…was sporadic and insufficient to allow the mother to support the child if she were not in foster care. Apart from prospective neglect, pursuant to section 39.01(14)(e), Florida Statutes (2001), a child can also be dependent if the child is found “to have no parent or legal custodians capable of providing supervision and…

Certiorari / writ granted This opinion cites § 39.01 4 times: (42), (89)Cited as § 39.01(70) (2001 statutes), now § 39.01(89); § 39.01(33) (2001 statutes), now § 39.01(42)

Certiorari granted: surgery is not ordinary medical care, so DCF needs a court order before consenting to surgery for a dependent child.

…needed because, under the relevant statutes, DCF, as the legal custodian, is already authorized to consent to the surgery on L.B.'s behalf. Under section 39.01(70), Florida Statutes (2001), DCF has "the right ... to provide the child with ... ordinary medical... care ...." (emphasis added.) Further, section 39.407(13)…

Certiorari / writ granted This opinion cites § 39.01 4 times: (42), (89)Cited as § 39.01(70) (2001 statutes), now § 39.01(89); § 39.01(33) (2001 statutes), now § 39.01(42)

· cited by 2 in all courts

Certiorari granted: surgery is not ordinary medical care, so DCF needs a court order before consenting to surgery for a dependent child.

…needed because, under the relevant statutes, DCF, as the legal custodian, is already authorized to consent to the surgery on L.B.’s behalf. Under section 39.01(70), Florida Statutes (2001), DCF has “the right ... to provide the child with ... ordinary medical ... care .... ” (emphasis added.) Further, section…

Affirmed This opinion cites § 39.01 4 times: (60), (76), and the section generallyCited as § 39.01(50) (2000 statutes), now § 39.01(60); § 39.01(60) (2000 statutes), now § 39.01(76)

· cited by 1 in all courts

Denial of intervention affirmed because a step-grandparent is not a statutory relative, though the court said he should have been allowed participant status.

…paternity testing established that D.P.’s son was not the child’s father. After removal, D.P. filed a motion seeking participant status as defined in section 39.01(50) of the Florida Statutes (2000), a motion seeking visitation, and a motion to intervene as a party in the dependency proceeding. The motions were all denied.…

Reversed & remanded This opinion cites § 39.01 4 times: (1), (26), (45), (46)Cited as § 39.01(37) (1999 statutes), now § 39.01(45); § 39.01(38) (1999 statutes), now § 39.01(46)

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

…his resumption of parenting responsibilities beginning in 1998 might well have precluded a finding of abandonment notwithstanding his earlier lapses. See § 39.01(1), Fla. Stat. (1999); In the Interest of M.R.L., 608 So.2d 548 (Fla. 4th DCA 1992). See also M.S. v. D.C., 763 So.2d 1051 (Fla. 4th DCA 1999)…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(2), 39.01(10)(a), 39.01(10) under the 1993 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…that results in any physical, mental or sexual injury that causes or is likely to cause the child's physical, mental or emotional health to be impaired." § 39.01(2), Fla. Stat. (1993). A child may be found to be dependent because of "abuse" under several circumstances. §§ 39.01(10)(a)-(e), Fla. Stat. (1993). They include…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(21), 39.01(16)(a) under the 1991 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…detention. 2 C.J. asserts that subsection 2(d)3 does not authorize his detention. Relying on the definition of the term “disposition hearing,” in section 39.01(21), Florida Statutes (1991), 3 C.J. maintains that “awaiting final disposition” means the juvenile is awaiting the equivalent of sentencing following…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

…in this case is appellant's challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse. We recently held sections 39.061 and 39.01(61), Florida Statutes (Supp. 1990), unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So.2d…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

… *954 escape within the intent and meaning of s. 944.40 and is a felony of the third degree. The term "restrictiveness level" is defined in Section 39.01(61), as follows: "Restrictiveness level" means the identification of broad custody categories for committed children, including nonresidential, residential, and…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

· cited by 53 in all courts

…*954 tutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree. The term “restrictiveness level” is defined in Section 39.01(61), as follows: “Restrictiveness level” means the identification of broad custody categories for committed children, including nonresidential, residential, and…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(9), 39.01(16)(b), 39.01(16)(c) under the 1989 statutes, too old to match to today's subsections.

· cited by 6 in all courts

… *127 a juvenile might be placed in detention based either on an allegation, or a finding, of contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare § 39.01(9), Fla. Stat. (1989). The new contempt provision, section 39.044(10), Florida Statutes (1991) expressly provides that detention is appropriate for contempt, but…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(51) under the 1989 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…occurred on April 19. Appellee’s contention that the encounter between ap-pellee and Officer Farrell constituted a “taking into custody” comes from section 39.01(51), Florida Statutes: “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(46) under the 1988 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…of the serious juvenile habitual offender statute because its criteria were based merely on arrests. Finding that appellant met the criteria of section 39.01(46), Florida Statutes (Supp. 1988), the trial court committed him under the terms of the program. This appeal followed. The dispositive question is whether…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(9)(a), 39.01(1), 39.01(2), 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…(Fla.1982). To adjudicate a child dependent, the court must find that the child has been abandoned, abused, or neglected by his parents or other custodians. § 39.01(9)(a). See also, § 39.01(1), (2), (27). As the mother contends and HRS concedes, the court did not find any of the foregoing contingencies and, therefore, it was…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 20 in all courts

… rev. denied, 419 So.2d 1200 (Fla. 1982). An adjudication of dependency must be based upon a showing of abuse, abandonment, or neglect. Id. Section 39.01(27), Florida Statutes (1985), defines neglect as occurring when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(1), 39.01(27) under the 1983 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…that appellant had abandoned or neglected T.S., nor did it set forth findings of fact which would constitute abandonment or neglect as defined in Sections 39.01(1) and 39.01(27), Florida Statutes (1983). [1] Furthermore, the final judgment merely implies that appellant failed to comply substantially with the performance…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(1), 39.01(27), 39.01(9)(a) under the 1984 statutes, too old to match to today's subsections.

…agreements and that the mother's small number of visits with the child in the foster home was sufficient evidence of abandonment as defined in section 39.01(1), Florida Statutes. The trial court accepted the HRS argument and found that T.S. was a neglected child by virtue of the original adjudication; that the mother…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(1), 39.01(27), 39.01(9)(a) under the 1984 statutes, too old to match to today's subsections.

· cited by 14 in all courts

…agreements and that the mother’s small number of visits with the child in the foster home was sufficient evidence of abandonment as defined in section 39.01(1), Florida Statutes. The trial court accepted the HRS argument and found that T.S. was a neglected child by virtue of the original adjudication; that the mother…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(26), 39.01(1), 39.01(2) under the 1981 statutes, too old to match to today's subsections.

· cited by 20 in all courts

…attention, that finding is absent. To the extent that meeting those needs requires financial resources, Mrs. Brown must be found "financially able," § 39.01(26), through public assistance or otherwise, if her neglect of the child is to be predicated on her likely failure to meet those needs. A finding of neglect and…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(9), 39.01(8) under the 1981 statutes, too old to match to today's subsections.

…of his dependency, R.M.P. v. Jones, 419 So.2d 618 (Fla. 1982), he contends that he may not be adjudicated delinquent. It is true that Section 39.01(9), Florida Statutes (1981) provides that truancy is a basis for a finding of dependency and Section 39.01(8), Florida Statutes (1981) does not describe it as a…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(9), 39.01(8) under the 1981 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…of his dependency, R.M.P. v. Jones, 419 So.2d 618 (Fla.1982), he contends that he may not be adjudicated delinquent. It is true that Section 39.01(9), Florida Statutes (1981) provides that truancy is a basis for a finding of dependency and Section 39.01(8), Florida Statutes (1981) does not describe it as a…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(2), 39.01(27), 39.01(1) under the 1980 statutes, too old to match to today's subsections.

· cited by 47 in all courts

…be prospective, and because she never had custody of the child, she could not have legally neglected him. We disagree. We also think abuse under section 39.01(2), Florida Statutes (Supp. 1980), [1] may be established prospectively. Section 39.41(1)(f) 1 a, Florida Statutes (Supp. 1980), provides: When any child is…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(9)(a), 39.01(1), 39.01(9), 39.01(27) under the 1980 statutes, too old to match to today's subsections.

· cited by 3 in all courts

… *1184 HERSEY, Judge. The natural mother appeals an order of the circuit court finding her minor child to be a dependent of the state pursuant to Section 39.01(9)(a), Florida Statutes (Supp. 1980). No useful purpose would be served by setting out the extensive history upon which the court's finding was based nor are the…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(10), 39.01(36) under the 1980 statutes, too old to match to today's subsections.

…to other portions of the enactment as well as to administrative usage prior and subsequent to the act. The legislative act creating § 39.112 also amended § 39.01(10), Florida Statutes, defining “community control” as a program “in lieu of commitment to the custody of the department in a training school, halfway house or…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(1), 39.01(2), 39.01(27) under the 1978 statutes, too old to match to today's subsections.

· cited by 15 in all courts

…He found the children to be abandoned and neglected "... as those terms are defined by F.S. section 39.11(1)(d) [(2)(d)] [sic] (1977) and F.S. section 39.01(1) and (2) [(27)] [sic] (1978)... ." Whatever the 1978 amendment does to the requirement for findings of abandonment or neglect in permanent commitment cases,…

This opinion cites § 39.01 4 times, a subsectionAlso cites § 39.01(1) under the 1978 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…mother contends that the court should have applied Section 39.41(1)(d) Florida Statutes (Supp. 1978) and the definition of "abandoned" contained in Section 39.01(1), Florida Statutes (Supp. 1978) which became effective October 1, 1978. The appellant argues that by utilizing the former provisions of Section 39.11(1)(d),…

Affirmed This opinion cites § 39.01 3 times: (1)

Termination affirmed because the incarcerated father never wrote to or spoke with the children despite materials provided, supporting abandonment.

…by competent, substantial evidence. Section 39.806 lists the grounds for termination. Sub- subsection (1)(b) states that abandonment “as defined by s. 39.01(1)” is grounds for termination of parental rights. § 39.806(1)(b), Fla. Stat. Section 39.01(1), Florida Statues, defines “abandonment” as “a situation in which…

Other This opinion cites § 39.01 3 times: (76), and the section generally

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.

…See Fla. Admin. Code R. 65C-16.002(5)(c) (eff. June 10, 2025) (“Relative. Consideration must be given to whether an applicant is a relative as defined in s. 39.01, F.S.”); § 39.01(76), Fla. Stat. (2025) (the term “relative” includes grandparents). 3 In November 2025,…

Affirmed in part, reversed in part This opinion cites § 39.01 3 times: (37)(j)

Denial of dependency affirmed as to the mother but reversed and remanded as to the father for findings on his alleged failure to protect.

…the trial court to 3 make factual findings on the allegation that Father failed to protect the children pursuant to section 39.01(37)(j), Florida Statutes. In all other respects we affirm. AFFIRMED in part; REVERSED in part; REMANDED. MAKAR and MACIVER, JJ., concur. Not final…

Affirmed This opinion cites § 39.01 3 times: (60)

Dismissal of grandparents' guardianship petitions affirmed because the ongoing dependency custody order takes precedence and grandparents have no due process right to custody.

…orders violated due process because the grandparents had no opportunity to be heard. As to the grandparents’ due process claim, we first note section 39.01(60), Florida Statutes (2024), allows the actual custodians of children (here, the grandparents) to be designated as “participants” in the dependency proceeding,…

Affirmed This opinion cites § 39.01 3 times: (60)

Dismissal of grandparents' guardianship petitions affirmed because the ongoing dependency custody order takes precedence and grandparents have no due process right to custody.

…orders violated due process because the grandparents had no opportunity to be heard. As to the grandparents’ due process claim, we first note section 39.01(60), Florida Statutes (2024), allows the actual custodians of children (here, the grandparents) to be designated as “participants” in the dependency proceeding,…

Reversed This opinion cites § 39.01 3 times: (15)(a), (15)(f), (37)(g)2.Cited as § 39.01(14)(a) (2023 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2023 statutes), now § 39.01(15)(f); § 39.01(34)(g)2. (2022 statutes), now § 39.01(37)(g)2.

Dependency adjudication reversed because DCF did not prove the father knew of the mother's drug use or that his own drug use harmed the child.

…been “abandoned, abused, or neglected by the child’s parent or parents,” or the child is “at substantial risk of imminent abuse, abandonment, or neglect.” § 39.01(14)(a), (f), Fla. Stat. (2023). To the extent “the evidence is conflicting or turns on credibility of the witnesses, all credence and presumption of correctness…

Reversed & remanded This opinion cites § 39.01 3 times: (15), (2), (37)(a)Cited as § 39.01(14) (2023 statutes), now § 39.01(15); § 39.01(34)(a) (2023 statutes), now § 39.01(37)(a)

Finding that the father contributed to dependency reversed; 'risk of abuse' is the wrong standard and old corporal discipline did not show substantial imminent risk.

…or neglected the child or engaged in conduct that placed the child at substantial risk of imminent abuse, abandonment, or neglect”), with § 39.01(14), Fla. Stat. (defining dependent child as, inter alia, “(a) . . . abandoned, abused, or neglected by the child’s parent” or “(f) . . . at substantial risk of…

Reversed & remanded This opinion cites § 39.01 3 times: (2), (37)(g)2.Cited as § 39.01(34)(g)2. (2022 statutes), now § 39.01(37)(g)2.

Dismissal at the close of DCF's case reversed because evidence of the mother's drug abuse made a prima facie case of prospective abuse.

…review of the adjudicatory hearing transcript, we agree with the appellants that DCF presented prima facie evidence of prospective abuse under sections 39.01(2), 39.01(34)(g)2., and 39.507(7), Florida Statutes (2022). The uncontroverted evidence presented by DCF showed the following. This is the second time…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(a), (15)(f)Cited as § 39.01(14)(a) (2021 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2021 statutes), now § 39.01(15)(f)

Dependency adjudication reversed because there was no evidence the child was harmed by or aware of domestic incidents or faced imminent risk.

…substantial evidence the child was “abandoned, abused, or neglected,” or at “substantial risk of imminent abuse, abandonment, or neglect” by the mother. § 39.01(14)(a), (f), Fla. Stat. (2021); see also C.W., 10 So. 3d at 138–39 (reversing trial court’s finding of dependency of three- month-old child where record contained…

Affirmed This opinion cites § 39.01 3 times: (1), (87)Cited as § 39.01(84) (2020 statutes), now § 39.01(87)

Termination affirmed on abandonment because the incarcerated father made no effort to contact the children; the threat and case plan grounds were reversed.

…contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both.” § 39.01(1), Fla. Stat. (2020). To “establish or maintain a substantial and positive relationship with the child” a parent must make “frequent and regular contact with…

Affirmed This opinion cites § 39.01 3 times: (61)Cited as § 39.01(58) (2019 statutes), now § 39.01(61)

Dismissal of a grandfather's adoption petition affirmed because it was premature and filed in the wrong division, though he had standing to refile.

…and the emergency motion. In each of these motions to strike, the GALP argued that the Grandfather was not a party to the proceedings, citing section 39.01(58), Florida Statutes (2019), and Florida Rules of Juvenile Procedure 8.210(a) and 8.235(a). The GALP also contended that the Grandfather could not "be made a…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(a), (15)(f), (53)Cited as § 39.01(50) (2019 statutes), now § 39.01(53)

Order requiring a substance abuse evaluation in the case plan reversed for an evidentiary hearing because good cause was not shown on unsubstantiated allegations.

…and medical neglect. Specifically, the Mother consented to the findings in the Adjudication Order that the “children are dependent pursuant to Section 39.01(15)(a) and (f) and 39.01(50) in that the Mother failed to provide stable housing for the Children and did not comply with non-judicial intervention. The Children,…

Reversed This opinion cites § 39.01 3 times: (15)(f), (2), (53)Cited as § 39.01(50) (2018 statutes), now § 39.01(53)

Dependency reversed as to the father because DCF showed no link between his delusional episode and likely future harm to the children.

… The definition of a dependent child includes a child who is "at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents." § 39.01(15)(f). Abuse is defined in part as "any willful act or threatened act that . . . is likely to cause the child's physical, mental, or emotional health to be…

Reversed This opinion cites § 39.01 3 times: (2), (80)(d)Cited as § 39.01(77)(d) (2018 statutes), now § 39.01(80)(d)

Denial of shelter was reversed as a final appealable order; the judge wrongly required sexual motive, and probable cause of sexual abuse existed.

…mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." § 39.01(2). Sexual abuse of a child is defined as "[t]he intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner…

Reversed This opinion cites § 39.01 3 times: (87)Cited as § 39.01(77) (2016 statutes), now § 39.01(87); § 39.01(84) (2018 statutes), now § 39.01(87)

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

…to the extent that the well-being and safety of the child will not be endangered upon the child's remaining with or being returned to the child’s parent.” § 39.01(77), Fla. Stat. (2016). The “circumstances which caused the creation of the case plan” include problems identified subsequent to the initial removal. C.B. v.…

Affirmed This opinion cites § 39.01 3 times: (1)

· cited by 2 in all courts

Termination affirmed on incarceration because her fifteen-year sentence spans the children's minority; the abandonment finding was struck since she kept regular phone contact.

…alleged two statutory grounds for termination. First, pursuant to section 39.806(1)(b), Florida Statutes (2017), it alleged abandonment as defined in section 39.01(1), in that the mother made no significant contribution to the children’s care and maintenance, or failed to establish or maintain a substantial and positive…

Affirmed This opinion cites § 39.01 3 times: (1)

Termination affirmed on several grounds; the abandonment finding was struck because the father attended most visits and called the children.

…by competent, substantial evidence. Section 39.806(1)(b) permits termination of parental rights based on abandonment, which is *377 defined in section 39.01(1), Florida Statutes (2017), as "a situation in which the parent ..., while being able, has made no significant contribution to the child's care and maintenance…

Reversed & remanded This opinion cites § 39.01 3 times: (87)Cited as § 39.01(78) (2017 statutes), now § 39.01(87); § 39.01(84) (2018 statutes), now § 39.01(87)

Termination reversed because the Department failed to prove case plan noncompliance on either alleged ground; the mother had made significant progress.

…of financial resources or to the failure of the [D]epartment to make reasonable efforts to reunify the parent and child.” § 39.806(1)(e)1. Section 39.01(78), Florida Statutes (2017)8, provides that “‘substantial compliance’ means that the circumstances which caused the creation of the case plan have been …

Affirmed This opinion cites § 39.01 3 times: (1)

· cited by 3 in all courts

Abandonment ground reversed because the Department did not prove the incarcerated father was able to support the child or lacked a relationship; termination otherwise affirmed.

…or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment. § 39.01(1), Fla. Stat. (2016) (emphasis added). “The qualifying phrase ‘while being able’ excludes involuntary abandonment.” T.S. ex rel. D.H. v. Dep’t of Children…

Affirmed This opinion cites § 39.01 3 times: (60), (61)Cited as § 39.01(50) (2013 statutes), now § 39.01(60); § 39.01(51) (2013 statutes), now § 39.01(61)

· cited by 2 in all courts

Order disestablishing the legal father's paternity affirmed; the biological father had standing to challenge paternity in the dependency case, with the child's best interest controlling.

…. . . Participants may be granted leave by the court to be heard without the necessity of filing a motion to intervene. § 39.01(50), Fla. Stat. (2013). The trial court granted O.R. participant status, determined that O.R. had standing to challenge paternity, and found that it was in…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(a), (15)(f), (2)

· cited by 1 in all courts

Denial of dependency for two siblings reversed because the infant's unexplained rib fractures created a substantial risk of harm to identically situated siblings.

…the evidence that the child is abused, abandoned, or neglected or that the child is "at substantial risk of imminent abuse, abandonment, or neglect." See § 39.01(15)(a), (f), Fla. Stat. (2015). We review a dependency adjudication as a mixed question of law and fact and will affirm the trial court's findings if they are…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(f), (2), (37)(g)Cited as § 39.01(30)(g) (2015 statutes), now § 39.01(37)(g)

Dependency reversed because noncompliance with a case plan for older siblings, alone, did not show the child faced substantial risk of imminent harm.

…failed to present competent substantial evidence that N.L. was "at substantial risk of imminent abuse, abandonment, or neglect" by the father. See § 39.01(15)(f), Fla. Stat. (2015); see also § 39.01(2) (defining "abuse" as any willful act that results in any harm that causes or is likely to cause the child's…

Affirmed This opinion cites § 39.01 3 times: (1), and the section generally

· cited by 10 in all courts

Termination affirmed for abandonment because the incarcerated father sent only two letters in two years, and the court found his contrary testimony not credible.

…Department”) petitioned for termination of each parent’s parental rights.1 The petition alleged that the Father abandoned the child as defined in section 39.01, Florida Statutes, in that he has failed to maintain a substantial and positive relationship with 1 A consent default was entered for the Mother, who is not…

Affirmed This opinion cites § 39.01 3 times: (15)(f), (2), (37)(a)Cited as § 39.01(32)(a) (2013 statutes), now § 39.01(37)(a)

· cited by 3 in all courts

Dependency adjudication affirmed: the mother's untreated mood disorder, prior removal of another child, and ongoing domestic violence showed substantial risk of imminent abuse.

… This appeal followed. The mother argues no competent, substantial evidence existed to show that the child was “at substantial risk of imminent abuse.” § 39.01(15)(f), Fla. Stat. (2013). The Department responds competent, substantial evidence existed to show that the child was at substantial risk of imminent abuse based on…

Reversed This opinion cites § 39.01 3 times: (2), (53)Cited as § 39.01(44) (2013 statutes), now § 39.01(53)

Dependency adjudication reversed because no evidence showed the father inflicted or allowed the toddler's bruises and loop mark.

…appeals an order adjudicating his children, H.C.(l) and H.C.(2) (collectively, “the Children”), dependent based on a finding of “abuse” as defined in section 39.01(2), Florida Statutes (2013). We reverse. In December 2013, the Department of Children and Family Services (“the Department”) filed a verified petition for…

Reversed This opinion cites § 39.01 3 times: (14), (2), (53)Cited as § 39.01(44) (2011 statutes), now § 39.01(53)

Dependency as to the father reversed because gang tattoos and past conduct did not clearly predict future abuse, given his current support and visitation.

…tattoos that the Father currently has” and that the evidence was “an insufficient predicate for the court’s finding of dependency.” We agree. “Under section 39.01(14)(f), a child may be found dependent if the court finds the child to be ‘at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or…

Affirmed in part, reversed in part This opinion cites § 39.01 3 times, the section generally

· cited by 4 in all courts

Termination affirmed as to the sexually abused daughters but reversed as to the sons, for lack of evidence they were harmed or at risk.

…the daughters by digitally penetrating the daughters to check for sexual activity. Because there was sufficient evidence of sexual abuse as defined by section 39.01, Florida Statutes (2010), and evidence that, under the totality of the circumstances, all the girls were at substantial risk of significant harm, we affirm…

This opinion cites § 39.01 3 times: (2), and the section generally

· cited by 6 in all courts

…against Sinrod, who is not a party to this appeal, were intentional torts. Doe argues that because she was abused under the definition provided by section 39.01(2), Florida Statutes, 2 section 95.11(7) governs her claims. The School Board contends that a state agency can only be sued to the extent that sovereign…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(f), and the section generally

· cited by 1 in all courts

Dependency adjudication reversed because the order did not specify the facts supporting the finding as rule 8.332(a) and section 39.507(6) require.

…if a child is found by the court “[t]o be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians.” § 39.01(15)(f), Fla. Stat. (2011). The order in this case purports to find that D.F. was “neglected” within the meaning of section 39.01 of the Florida Statutes (2011).…

Affirmed This opinion cites § 39.01 3 times: (15)(a), (37)(f), (53)Cited as § 39.01(32)(f) (2009 statutes), now § 39.01(37)(f); § 39.01(44) (2009 statutes), now § 39.01(53)

Dependency adjudication affirmed because the mother's refusal to believe the children's abuse allegations or seek therapy emotionally harmed them and risked the father's return.

…and/or neglected pursuant to Florida Statute Chapter 39.” 1 We conclude there is competent, substantial evidence to support this finding under sections 39.01(15)(a) and (32)(f), Florida Statutes (2009). The mother admitted at the hearing that she does not believe her husband abused their daughters and does not believe…

Certiorari / writ granted This opinion cites § 39.01 3 times, the section generally

Certiorari granted: the court re-decided probable cause instead of applying the Keeping Children Safe Act presumption against a grandfather accused of sexual abuse.

…is created when ... a court of competent jurisdiction has found probable cause exists that a parent or caregiver has sexually abused a child as defined in 39.01.” The court correctly explained that in a KCSA hearing pursuant to section 39.0139, Florida Statutes, a person seeking contact must present clear and…

This opinion cites § 39.01 3 times: (1), (2), (53)Cited as § 39.01(44) (2009 statutes), now § 39.01(53)

· cited by 1 in all courts

…as defined in chapter 39." The grandmother's petition made no allegations that the mother abused or neglected the child, as those terms are defined in section 39.01(2) and (44), Florida Statutes (2009). Some of the petition's assertions might be read to mean that the mother abandoned the child. See § 39.01(1). But the…

Affirmed This opinion cites § 39.01 3 times: (1), (80), and the section generallyCited as § 39.01(67) (2008 statutes), now § 39.01(80)

· cited by 6 in all courts

Termination affirmed on egregious conduct and sexual abuse based on the child's credible testimony; the unsupported abandonment ground was struck.

…the father’s parental rights for engaging in egregious conduct, § 39.806(l)(f), sexual abuse pursuant to section 39.806(l)(g), as defined in section 39.01(67); aggravated child abuse, as defined in section 827.03, sexual battery or sexual abuse, as defined in section 39.01 or chronic abuse, § 39.806(l)(g); and for…

Affirmed This opinion cites § 39.01 3 times: (15)(f), (52), (53)Cited as § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f); § 39.01(43) (2006 statutes), now § 39.01(53); § 39.01(42) (2006 statutes), now § 39.01(52)

· 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.

…for the trial court was whether D.J. was "at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians." § 39.01(14)(f) (defining what constitutes a dependent child). "`Neglect' occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing,…

Affirmed This opinion cites § 39.01 3 times: (1)

· cited by 4 in all courts

Termination affirmed; the mother stopped visiting her children for over a year and her communication efforts were marginal, supporting abandonment.

…issue. Section 39.806(l)(b), Florida Statutes (2006), authorizes termination of parental rights for abandonment. “Abandonment” is defined in section 39.01(1), Florida Statutes (2006). Under the statutory definition, a child is abandoned when the parent “while being able, makes no provision for the child’s support…

Reversed & remanded This opinion cites § 39.01 3 times: (37)(i), (87)Cited as § 39.01(71) (2007 statutes), now § 39.01(87); § 39.01(31)(i) (2007 statutes), now § 39.01(37)(i)

Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.

…ha[d] completed his or her case plan." The court explained that to determine whether the parents were in "substantial compliance," as defined in section 39.01(71), it had to determine whether the problems which caused the case to be filed had been ameliorated. The circuit court found that the children were removed from…

Reversed & remanded This opinion cites § 39.01 3 times: (37)(i), (87)Cited as § 39.01(71) (2007 statutes), now § 39.01(87); § 39.01(31)(i) (2007 statutes), now § 39.01(37)(i)

· cited by 8 in all courts

Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.

…ha[d] completed his or her case plan.” The court explained that to determine whether the parents were in “substantial compliance,” as defined in section 39.01(71), it had to determine whether the problems which caused the case to be filed had been ameliorated. The circuit court found that the children were removed from…

This opinion cites § 39.01 3 times: (2), (37)(a)4.Cited as § 39.01(31)(a)4. (2007 statutes), now § 39.01(37)(a)4.; § 39.01(30)(a)4. (1999 statutes), now § 39.01(37)(a)4.

· cited by 4 in all courts

…of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child." § 39.01(2), Fla. Stat. Under the definition of harm, the legislature explained that corporal discipline is "excessively *665 harsh" if it "is likely to result in…

Certiorari / writ denied This opinion cites § 39.01 3 times: (37), (52), (53)Cited as § 39.01(31) (2006 statutes), now § 39.01(37); § 39.01(43) (2006 statutes), now § 39.01(53); § 39.01(42) (2006 statutes), now § 39.01(52)

· cited by 4 in all courts

Certiorari denied; the court properly ordered chemotherapy and radiation for the child despite short notice, and the mother's other arguments were unpreserved.

…we see no departure from the essential requirements of law, much less fundamental error. According to DCF, D.G. suffered from medical neglect. Section 39.01(31), Florida Statutes (2006), provides: "Harm" to a child's health or welfare can occur when any person: . . . . (f) Neglects the child. Within the context…

Reversed This opinion cites § 39.01 3 times: (53)Cited as § 39.01(43) (2006 statutes), now § 39.01(53)

Dependency reversed because evidence of an underweight child did not show the parents neglected her food or medical care.

…2006, the Department filed a dependency petition alleging that the parents neglected J.H. by depriving her of necessary food and medical treatment. 2 See § 39.01(43), Fla. Stat. (2006). At the hearing on the petition in mid-June 2006, the Department presented the testimony of the second child protection investigator, who…

Affirmed This opinion cites § 39.01 3 times: (2), (37)(a), (37)(a)4.Cited as § 39.01(30)(a) (2005 statutes), now § 39.01(37)(a); § 39.01(30)(a)4. (2005 statutes), now § 39.01(37)(a)4.

· cited by 1 in all courts

Dependency affirmed because the mother's excessive corporal discipline harmed the children; remanded only to clarify supervised versus unsupervised visitation.

…in A.A., the common law principle of reasonable corporal punishment has been incorporated into Chapter 39 of the Florida Statutes. Specifically, section 39.01(2), Florida Statutes (2005), provides, “Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute…

Reversed This opinion cites § 39.01 3 times: (15)(a), (15)(f), (53)Cited as § 39.01(14)(a) (2005 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2005 statutes), now § 39.01(15)(f); § 39.01(45) (2005 statutes), now § 39.01(53)

· cited by 2 in all courts

Dependency reversed because the mother's relationship with a recently released felon did not cause the children's harm when he shot into her home.

…abused, or neglected by the child’s parent” or that the child is “at substantial risk of imminent abuse, abandonment, or neglect by the parent.” §§ 39.01(14)(a), (f); 39.507(l)(b), Fla. Stat. (2005). “ ‘Neglect’ occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or…

Reversed This opinion cites § 39.01 3 times: (15), (2), (37)(a)Cited as § 39.01(14) (2005 statutes), now § 39.01(15); § 39.01(30)(a) (2005 statutes), now § 39.01(37)(a)

· cited by 9 in all courts

Dependency reversed because nothing showed the child knew of the alleged violence against the grandmother, was injured, or faced a current threat from the father.

…was present during the incident. The trial court found the Father and the grandmother's testimony to not be credible and adjudicated K.V. dependent. Section 39.01(14), Florida Statutes (2005), in pertinent part, provides: "Child who is found to be dependent" means a child who . . . is found by the court: (a) To have…

Affirmed This opinion cites § 39.01 3 times: (2), (37)(i), (53)Cited as § 39.01(30)(i) (2005 statutes), now § 39.01(37)(i); § 39.01(45) (2005 statutes), now § 39.01(53)

· cited by 8 in all courts

Dependency adjudication affirmed because the father's violent outbursts and domestic violence in or near the children's presence put them at substantial risk of harm.

…appeal was affirmed by this Court. R.V. v. Dep't of Children & Family Servs., 932 So.2d 205 (Fla. 3d DCA 2006) (table). [2] Pursuant to section 39.01(30)(i), Florida Statutes (2005), "harm" can occur when a parent "[e]ngages in violent behavior that demonstrates a wanton disregard for the presence of a child and…

Reversed & remanded This opinion cites § 39.01 3 times: (2), (37)(i), and the section generallyCited as § 39.01(30)(i) (2005 statutes), now § 39.01(37)(i)

Dismissal of dependency against the father reversed: no expert is needed to show harm from witnessing a brutal attack on the mother.

…abandoned, abused or neglected by his or her parents or one who is “at substantial risk of imminent abuse, abandonment or neglect by the parent or parents.” § 39.01 (14)(a)(f), Fla. Stat. (2005). “Abuse” is defined as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that…

This opinion cites § 39.01 3 times: (1), (53)Cited as § 39.01(45) (2005 statutes), now § 39.01(53)

…or neglect for either parent; or, that the children’s life, safety, or health would be threatened by continued interaction with the mother. See §§ 39.01(1), 39.01(45), 39.806(l)(c), and 39.806(l)(e), Fla. Stat. (2005). The record also lacks competent, substantial evidence that the Department of Children and…

Reversed This opinion cites § 39.01 3 times: (60), (61)Cited as § 39.01(50) (2002 statutes), now § 39.01(60); § 39.01(51) (2004 statutes), now § 39.01(61)

Section 57.105 fee award against DCF reversed because the aunt and uncle were mere participants, not parties, and so could not be prevailing parties.

…program. By order entered in late May, the court determined that the appellees were not parties, but merely participants to the proceeding under section 39.01(50), Florida Statutes (2002). H.G. and J.G. contend that they were required to attend several arraignments to allow DCF to file an amended petition, and to…

This opinion cites § 39.01 3 times: (2)

· cited by 8 in all courts

…in conjunction with case law and dependency statutes acknowledging that corporal punishment by parents is lawful unless it crosses the line to abuse. § 39.01(2), Fla. Stat. (2003); Raford v. State, 828 So.2d 1012 (Fla.2002). It combines these two propositions to conclude that because a person may protect himself…

Affirmed This opinion cites § 39.01 3 times: (15)(f), (2)Cited as § 39.01(14)(f) (2002 statutes), now § 39.01(15)(f)

· cited by 3 in all courts

Dependency affirmed because repeated belt beatings of a naked child, with stated intent to continue, showed excessive discipline and substantial risk of further abuse.

…dependency may be based upon evidence that the child is at a substantial risk of imminent abuse, abandonment, or neglect by the parent or legal custodian. § 39.01(14)(f), Fla. Stat. (2002). "Abuse" means any willful act or threatened act that results in physical, mental, or sexual injury or harm that causes or is likely to…

Reversed & remanded This opinion cites § 39.01 3 times: (1), (53)Cited as § 39.01(45) (2003 statutes), now § 39.01(53)

· cited by 2 in all courts

Termination reversed because twelve months of noncompliance had not elapsed after removal, and nothing showed termination was the least restrictive means.

…of the [Appellants], [they have] continued to neglect, abuse and abandon the children for the past twelve months or more pursuant to § 39.806(1)(e) and § 39.01(1) and (45), Florida Statutes (2003)." Further, the court found that Appellants "abandoned [their] children within the meaning of § 39.806(1)(b) and § 39.01(1),…

This opinion cites § 39.01 3 times: (12), (2), (37)(b)Cited as § 39.01(30)(b) (2003 statutes), now § 39.01(37)(b)

· cited by 28 in all courts

…mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." § 39.01(2). "Child" is defined as "any unmarried person under the age of 18 years who has not been emancipated by order of the court." § 39.01(12). Chapter 39 provides…

Reversed & remanded This opinion cites § 39.01 3 times: (1), and the section generally

· cited by 18 in all courts

Termination reversed: incarceration alone was not abandonment since the mother kept asking about the child, and the finding that services would be futile was speculation.

…August 3, 2000. She was released on December 23, 2003. After a hearing, the trial court concluded that DCF established abandonment, as defined in section 39.01(1), Florida Statutes (1999). The trial court also found that DCF established that the mother's continuing involvement with the child threatens the child's well…

Affirmed in part, reversed in part This opinion cites § 39.01 3 times: (15)(f), (60)Cited as § 39.01(50) (2001 statutes), now § 39.01(60); § 39.01(14)(f) (2001 statutes), now § 39.01(15)(f)

· cited by 4 in all courts

Dependency of the younger children reversed because a stepchild's abuse was not linked to risk to them; grandparents' participant status and case plan affirmed.

…grandparents were the legal guardians and actual custodians of M.M. and the younger children, they were "participants" in the proceedings pursuant to section 39.01(50), Florida Statutes (2001). [5] Under that section, a participant may be granted leave by the court to be heard without filing a motion to intervene. See also…

Reversed & remanded This opinion cites § 39.01 3 times: (15), (37)Cited as § 39.01(14) (2001 statutes), now § 39.01(15); § 39.01(30) (2001 statutes), now § 39.01(37)

· cited by 3 in all courts

Adjudication reversed because abuse of a troubled brother showed no nexus to risk for this child; remanded to consider domestic-violence exposure.

…the two." The court subsequently entered an order finding A.P. was at substantial risk of imminent abuse and neglect and adjudicated A.P. dependent. See § 39.01(14), Fla. Stat. (2001). The Mother fought the adjudication proceedings below, and continues to do so on appeal. Upon review of the record, it appears the lower…

Reversed & remanded This opinion cites § 39.01 3 times: (15), (87)Cited as § 39.01(14) (2002 statutes), now § 39.01(15); § 39.01(68) (2002 statutes), now § 39.01(87)

Termination reversed because the new case plan had not run twelve months; court also ordered review of the youngest child's dependency and doubted best interests.

…at least twelve months). On remand, we require the trial court to immediately address whether the youngest child, S.B., is a dependent child. *384 See § 39.01(14), Fla. Stat. (2002) (defining dependent child, in part, as one who was abandoned, abused, or neglected or is at substantial risk of imminent abuse,…

Reversed This opinion cites § 39.01 3 times: (1), (15)(a), (53)Cited as § 39.01(14)(a) (2001 statutes), now § 39.01(15)(a); § 39.01(45) (2001 statutes), now § 39.01(53)

· cited by 6 in all courts

Dependency adjudication reversed because no evidence showed the child saw domestic violence, and frequent moves and missed support did not amount to neglect or abandonment.

…We reverse. A child may be found dependent if the child has been "abandoned, abused, or neglected by the child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. (2001). "[T]he trial court's findings as to abuse, abandonment, or neglect will be sustained if they are supported by competent substantial…

Affirmed This opinion cites § 39.01 3 times: (2), (37)(i)Cited as § 39.01(30)(i) (2001 statutes), now § 39.01(37)(i)

· cited by 13 in all courts

Dependency affirmed; a pattern of domestic violence against the mother in the children's presence, even without injury, frightened them and supported a finding of abuse.

…placed them in the custody of the Department of Children and Family Services. [1] He argues there was insufficient evidence of "abuse" as defined by section 39.01(2) to support the trial court's finding that F.R. committed domestic violence against his wife, the children's mother, in the presence of the children and that…

Reversed & remanded This opinion cites § 39.01 3 times: (15)(a), (15)(f)Cited as § 39.01(14)(a) (2001 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2001 statutes), now § 39.01(15)(f)

· cited by 14 in all courts

Dependency order reversed because the father's own health problems, without evidence he would neglect the child, did not show imminent prospective neglect.

…who has been abandoned, abused, or neglected by his parents, or who is at substantial risk of imminent abuse, abandonment, or neglect by his parents. See § 39.01(14)(a), (f), Fla. Stat. (2001). The trial court did not find that the father had actually abused, abandoned, or neglected J.L. Rather, the basis of the trial court's…

Affirmed This opinion cites § 39.01 3 times: (1), and the section generally

Termination of the father's rights affirmed without opinion over a partial dissent questioning best interests and the unconsidered grandmother placement.

…parental care, contact, concern, supervision and support. B. Pursuant to F.S. 39.806(l)(b), the parent(s) have abandoned the child as defined in F.S. 39.01(1) or the identity or location of the father is unknown and cannot be ascertained by diligent search within sixty (60) days. C. Pursuant to F.S. 39.806(l)(c),…

Affirmed This opinion cites § 39.01 3 times: (11), (15)(f), (37)(b)Cited as § 39.01(30)(b) (2000 statutes), now § 39.01(37)(b); § 39.01(14)(f) (2000 statutes), now § 39.01(15)(f)

· cited by 7 in all courts

Dependency of all three children affirmed over a dissent: unexplained anal trauma to the infant in an intact home justified adjudicating both parents and siblings.

…completed, and DNA analysis was done. They revealed nothing. Nevertheless, the injury to the anus itself would constitute harm within the meaning of section 39.01(30)(b), Florida Statutes (2000). Although the medical director of the Child Protection Team testified that there was a low risk of further abuse of this child, the…

Affirmed This opinion cites § 39.01 3 times: (1)

· cited by 8 in all courts

Termination affirmed on abandonment for sporadic visits and no support, though the case plan ground failed because the children were never adjudicated dependent as to him.

…because he did not willfully reject his parental obligations. Section 39.806(1)(b), Florida Statutes (2001), allows TPR based on abandonment, as defined in s. 39.01(1). Section 39.01(1), Florida Statutes (2001), states: "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a…

Affirmed This opinion cites § 39.01 3 times: (1), (15)(f), (53)Cited as § 39.01(36) (1997 statutes), now § 39.01(53); § 39.01(14)(f) (2000 statutes), now § 39.01(15)(f)

· cited by 7 in all courts

Termination affirmed: prior sibling terminations and failure to protect a sibling from abuse supported it; counsel's consent to judge viewing videotapes waived objection.

…trial court explicitly found that C.W. and the father had "abandoned or neglected and have continued to abandon or neglect their children pursuant to Section 39.01(1) and (36), and Section 39.464(1)(f) and (c), Florida Statutes (1997)." Subsequently, C.W. pled nolo contendere and was adjudicated guilty of two counts of…

Reversed & remanded This opinion cites § 39.01 3 times: (1), (45), (46)Cited as § 39.01(37) (1999 statutes), now § 39.01(45); § 39.01(38) (1999 statutes), now § 39.01(46)

· 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 V.R. lacked standing to appeal the order denying placement of the child with them after the termination because they were merely "participants.” See § 39.01(37), (38), Fla. Stat. (1999); Fla. R. Juv. P. 8.210(b). See also § 39.473, Fla. Stat. (1999). A review of the record, however, reveals the trial court…

Affirmed This opinion cites § 39.01 3 times: (15)(a), (15)(f), and the section generallyCited as § 39.01(14)(a) (1999 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f)

· cited by 3 in all courts

Dependency with adjudication withheld affirmed: proof of a sibling's fatal abuse supported dependency while the child stayed with the mother under supervision.

… 613 So.2d 575 (Fla. 1st DCA 1993). Under Chapter 39, a child may be found dependent in a number of circumstances. There are two provisions of Section 39.01 that apply to this case: "Child who is found to be dependent" means a child who, pursuant to this chapter, is found by the court: *480 (a) To have been…

This opinion cites § 39.01 3 times: (15), and the section generallyCited as § 39.01(11) (1997 statutes), now § 39.01(15)

· cited by 7 in all courts

…Statutes, F.S.A., there is but one place in the statutes of this State where the words `delinquent child' are delimited. That is to be found in section 39.01, Florida Statutes ... Id. at 492 (emphasis added). The trial court held Section 828.19, Florida Statutes, F.S.A. unconstitutionally vague and…

This opinion cites § 39.01 3 times: (53), and the section generallyCited as § 39.01(36) (1997 statutes), now § 39.01(53)

· cited by 7 in all courts

…does not constitute abuse, neglect, or abandonment unless the Department offers services to the homeless custodian and those services are rejected. See § 39.01, Fla. Stat. (1997); K.H. v. State, Department of HRS, 527 So.2d 230 (Fla. 1st DCA 1988). When services are offered and rejected by a homeless custodian,…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(21), 39.01(20) under the 1993 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…court retains jurisdiction to order appropriate supervision, treatment and services as necessary. § 39.41, Florida Statutes (Supp.1994). Furthermore, section 39.01(21) defines a disposition hearing as one in which "the court determines the most appropriate dispositional services in the least restrictive available setting." §…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(75) under the 1996 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…of the child's attorney or state attorney must, stay all proceedings and order an evaluation of the child's mental condition. (Emphasis added). Subsection 39.01(75), Florida Statutes (Supp.1996) gives the terms *368 "violation of law" and "delinquent act" the same meaning, at least for the purposes of Chapter 39,…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(1), 39.01(2), 39.01(37) under the 1993 statutes, too old to match to today's subsections.

· cited by 1 in all courts

… Florida Statutes. B. The natural parents of [C.F.] have demonstrated abandonment, neglect, and prospective abuses and neglect, as defined in Section 39.01(1), (2), and (37), Florida Statutes. C. The natural parents of [C.F.] have demonstrated severe or continuing abuse or neglect as defined in Section…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(51) under the 1993 statutes, too old to match to today's subsections.

…19, 1993; the State appeals. The trial court erred in dismissing the petition. C.S. had not been “taken into custody” on May 4 within the meaning of section 39.01(51), Florida Statutes (1993). “Taken into custody means the status of a child immediately when temporary physical control over the child is attained by a person…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(61), 39.01(61)(c), 39.01(61)(d) under the 1990 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…to a state agency unguided discretion to define what the restrietiveness levels are from which an unauthorized departure may constitute a crime. See § 39.061 and 39.01(61), Fla.Stat. (Supp.1990). This same statutory scheme was in effect when J.Y. escaped and was adjudicated. 4 Although not mentioned in Judge Miner’s opinion…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(46) under the 1990 statutes, too old to match to today's subsections.

· cited by 12 in all courts

…age at the time of the commission of the current offense and who was adjudicated and has been committed in this proceeding, meets the criteria in subsection 39.01(46), Florida Statutes, for serious or habitual juvenile offender placement in that said child was: ____ Adjudicated or had adjudication withheld on the…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(12) under the 1989 statutes, too old to match to today's subsections.

…activities or privileges; or other appropriate restraints on the child’s liberty. (Emphasis supplied.) “Community control” is defined in section 39.01(12), Florida Statutes (1989), as: ... the legal status of probation created by law and court order in cases involving a child who has been found to have…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(30), 39.01(1) under the 1986 statutes, too old to match to today's subsections.

· cited by 10 in all courts

…an allegation that the mother allegedly failed to visit and support the child who was in foster care cannot support a finding of statutory neglect, section 39.01(30), Florida Statutes (Supp. 1986). There is no showing that the mother was able to provide support, or that she had a legal duty to pay H.R.S. for custodial…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(1), 39.01(2), 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…for dependency. From the petition itself, it is unclear whether HRS was proceeding on a theory of abandonment, abuse, or neglect as defined in sections 39.01(1), 39.01(2), 39.01(27), Florida Statutes (1985). The record also lacks the HRS report upon which the trial court based its conclusion. Without the benefit of…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(1) under the 1983 statutes, too old to match to today's subsections.

· cited by 22 in all courts

…manifestly in the best interests of the child to do so, and: a. If the court finds that the parent has abandoned, abused, or neglected the child. Section 39.01(1), Florida Statutes (1983) defines abandonment as a situation in which a parent who, while being able, makes no provision for the child's support and makes…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(1) under the 1983 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…manifestly in the best interests of the child to do so, and: a. If the court finds that the parent has abandoned, abused, or neglected the child. Section 39.01(1), Florida Statutes (1983) defines abandonment as a situation in which a parent who, while being able, makes no provision for the child’s support and makes…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9)(b), 39.01(9) under the 1985 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…P.A., Orlando, for appellee. DAUKSCH, Judge. This is an appeal from the natural mother from an order finding her child dependent, as defined by section 39.01(9)(b), Florida Statutes (1985), and permanently committing the child to a licensed child-placing agency for the purpose of subsequent adoption. § 39.41(1)(f), Fla.…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(1) under the 1983 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…of what was required of him before he could be reunited with his child, but simply did not comply with those requirements. Abandonment within the meaning of § 39.01(1), Fla.Stat. was conclusively demonstrated. There is also overwhelming evidence in the record of the necessity for an immediate resolution of this case in order…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(2), 39.01(7) under the 1985 statutes, too old to match to today's subsections.

· cited by 6 in all courts

… Such standards for screening shall also ensure that the person has not been judicially determined to have committed abuse against a child as defined in s. 39.01(2) and (7) or to have a substantiated indicated report of abuse as defined in s. 415.503 or to have committed an act which constitutes domestic violence as…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(34)(a), 39.01(9)(d), 39.01(34) under the 1983 statutes, too old to match to today's subsections.

…specific conditions causing the child’s truancy, and (4) investigations by designated school officials of the source of the child’s truancy. Sections 39.01(34)(a)-(d), and 232.19(3)(a), (b), Florida Statutes (1984 Supp.). Here, the uncontradicted testimony of appellants’ witness was that no person associated with the…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(26) under the 1983 statutes, too old to match to today's subsections.

…fulfill the terms of the agreement, HRS filed three separate petitions for dependency, alleging that appellant had neglected the children pursuant to section 39.01(26), Florida Statutes (1983) [1] . As grounds for the alleged neglect, each of the petitions stated the following: [T]he mother entered into a voluntary…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(26) under the 1983 statutes, too old to match to today's subsections.

· cited by 9 in all courts

…fulfill the terms of the agreement, HRS filed three separate petitions for dependency, alleging that appellant had neglected the children pursuant to section 39.01(26), Florida Statutes (1983) 1 . As grounds for the alleged neglect, each of the petitions stated the following: [T]he mother entered into a voluntary…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9), 39.01(1), 39.01(26) under the 1983 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…Christian Family Services, Inc., for subsequent adoption. The crux of the issue before us is whether A.G.N., Jr., is a dependent child as defined by section 39.01(9). Cognizant of the outstanding purposes of chapter 39, those being the preservation and strengthening of the child’s family ties, and the safeguarding of the…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9), 39.01(8) under the 1981 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…held that since certain acts (such as those committed by M.H.) are specifically designated as acts of dependency under Florida’s Juvenile Justice Act (Section 39.01(9)), they should be consistently treated as acts of dependency, not delinquency, the provisions of Section 39.01(8) notwithstanding. *361 In J.M.J., this…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(10), 39.01(1) under the 1981 statutes, too old to match to today's subsections.

· cited by 22 in all courts

…of dependency filed on 2/23/76, alleging "said child's parents are unable to provide a stable home environment at this time" (Exhibit 3 in evidence). Section 39.01(10), F.S., 1975, defines a "dependent child" under subsection (c) as one who "has not proper parental support, maintenance, care or guardianship" and under…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9) under the 1977 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…a hearing on the evidence, said child be adjudicated and be dealt with according to law. This charge is within the definitions contained in Section 39.01(9) of the 1978 Florida Juvenile Justice Act. The charge of dependency covers some acts which were formerly characterized as “ungovernable” under previous…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9) under the 1974 statutes, too old to match to today's subsections.

… supra, is equally applicable here. In that case the appellant based its statutory claim to exclusive authority on F.S. 39.11(2)(c), which incorporated F.S. 39.01(9). We there held that a careful reading of that provision, in context with the rest of the chapter, clearly reveals that it was the legislative intent to grant…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(9) under the 1974 statutes, too old to match to today's subsections.

· cited by 7 in all courts

… supra, is equally applicable here. In that case the appellant based its statutory claim to exclusive authority on F.S. 39.-11(2) (c), which incorporated F.S. 39.01(9). We there held that a careful reading of that provision, in context with the rest of the chapter, clearly reveals that it was the legislative intent to grant…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(10), 39.01(10)(g), 39.01(14) under the 1973 statutes, too old to match to today's subsections.

…be awarded custody? We answer both of these questions in the affirmative. As to the first issue, Chapter 73-231, Section 2, Laws of Florida, which amends § 39.01(10), Florida Statutes, defines a "dependent child", inter alia, as a child who "is surrendered to the division of family services or a licensed child placing…

This opinion cites § 39.01 3 times, a subsectionAlso cites § 39.01(10) under the 1953 statutes, too old to match to today's subsections.

· cited by 13 in all courts

…thereby to deal with dependent children "as defined in Chapter 415, Laws of Florida," section 3, Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. § 39.01 note, specifically repealed that section of Chapter 415, namely section 415.01(1), Florida Statutes 1949, that defined the term "dependent children." Under…

Affirmed This opinion cites § 39.01 2 times: (1)

Termination for abandonment affirmed because the incarcerated father did not challenge the finding he made almost no effort; one judge dissented.

…being able, has made no contribution to the child’s care or has failed to establish or maintain a substantial and positive relationship with the child. See § 39.01(1), Fla. Stat. (2025); In Interest of B.W., 498 So. 2d 946, 947–48 (Fla. 1986) (“Section 39.01(1) . . . does not provide for the termination of parental rights…

Reversed & remanded This opinion cites § 39.01 2 times: (1)

Denial of termination reversed as to the mother's egregious conduct and the father's abandonment and incarceration; remanded for best-interest and least-restrictive findings.

…to the child[ren]’s care and maintenance or failed to establish and maintain a substantial and positive relationship with the child[ren], or both.” § 39.01(1), Fla. Stat. Establishing or maintaining a substantial and positive relationship with his Children, “includes, but is not limited to, frequent and regular…

Affirmed This opinion cites § 39.01 2 times: (60)

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.

…Stat. (2024). Thus, dismissal of the guardianship petitions was proper. As to the grandparents’ claim they were denied due process, we first note section 39.01(60), Florida Statutes (2024), allows the actual custodians of children (i.e., the grandparents) to be designated as “participants” in the dependency proceeding,…

Affirmed This opinion cites § 39.01 2 times: (60)

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.

…Stat. (2024). Thus, dismissal of the guardianship petitions was proper. As to the grandparents’ claim they were denied due process, we first note section 39.01(60), Florida Statutes (2024), allows the actual custodians of children (i.e., the grandparents) to be designated as “participants” in the dependency proceeding,…

Affirmed This opinion cites § 39.01 2 times: (15)(f)

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.

…moved for rehearing on July 30, 2024 on the ground that the order failed to contain sufficient findings of imminent harm, as required by section 39.01(15)(f), Florida Statutes. The trial court held a hearing on the Father’s motion for rehearing on August 1, 2024. At the hearing, the Mother joined the motion and…

Certiorari / writ granted This opinion cites § 39.01 2 times: (61), (64)Cited as § 39.01(58) (2023 statutes), now § 39.01(61); § 39.01(61) (2023 statutes), now § 39.01(64)

Order granting foster caregivers limited party status quashed; they lacked the section 39.522(3) presumption because the move would unite the child with a sibling.

…Fla. Stat.). We have jurisdiction. Turning to the merits, Chapter 39 excludes caregivers from party status, with limited exceptions. See, e.g., § 39.01(58), Fla. Stat. (2023).1 The limited exception at issue in this matter occurs in subsection (3) of section 39.522. Section 39.522 establishes processes for…

Certiorari / writ granted This opinion cites § 39.01 2 times: (42), and the section generallyCited as § 39.01(39) (2022 statutes), now § 39.01(42)

Order transferring placement to an adoption entity quashed because the court took no evidence on the child's best interests as section 63.082 requires.

…guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care." § 39.01(39); see § 63.032(11) (incorporating by reference the definition of legal custody from section 39.01). Indeed, the motion to intervene asked the court to modify…

Affirmed in part, reversed in part This opinion cites § 39.01 2 times: (59)Cited as § 39.01(56) (2021 statutes), now § 39.01(59)

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.

…records in case number 2019-DP- 168 regarding R.W. III. We find no error in this ruling. The paternal grandparents legally adopted R.W. III. Under section 39.01(56), Florida Statutes (2021), if a child is legally adopted, the term “parent” means the adoptive mother or father of the child. 2 Section 39.0132(3) names…

This opinion cites § 39.01 2 times: (80)(g)Cited as § 39.01(77)(g) (2018 statutes), now § 39.01(80)(g)

…forcing a child to: 1. Solicit for or engage in prostitution; . . . or 3. Participate in the trade of human trafficking as provided in s. 787.06(3)(g).” See § 39.01(77)(g), Fla. Stat. (2018). 1 Moreover, section 787.06 provides a definition for exploitation, by the examples of human trafficking that are prohibited in…

Affirmed This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(57) (2022 statutes), now § 39.01(60); § 39.01(58) (2022 statutes), now § 39.01(61)

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.

…of filing a motion to intervene and shall have no other rights of a party except as provided by law. Fla. R. Juv. P. 8.210 (emphasis added); see also § 39.01(57), (58), Fla. Stat. (2022). With respect to post-disposition changes of custody, Florida Rule of Juvenile Procedure 8.345 was amended to conform to section…

Certiorari / writ granted This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(58) (2021 statutes), now § 39.01(61); § 39.01(57) (2021 statutes), now § 39.01(60)

Certiorari granted and order quashed because a paternal aunt and grandfather are not parties under the statute and rule and cannot intervene as parties.

…department, and the guardian ad litem or the representative of the guardian ad litem program, when the program has been appointed." Additionally, section 39.01(58), Florida Statutes (2021), defines the term "party" as "the parent or parents of the child, the petitioner, the department, the guardian ad litem or…

Reversed This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(58) (2021 statutes), now § 39.01(61); § 39.01(57) (2021 statutes), now § 39.01(60)

Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.

…the parent(s) of the child, the department, and the guardian ad litem . . . when the program has been appointed.” Fla. R. Juv. P. 8.210(a); see also § 39.01(58), Fla. Stat. (2021). Participants are defined as “any person who is not a party but who should receive notice of hearings involving the child.” Fla. R. Juv.…

Affirmed This opinion cites § 39.01 2 times: (87)Cited as § 39.01(77) (2016 statutes), now § 39.01(87); § 39.01(84) (2019 statutes), now § 39.01(87)

Termination affirmed; the rule 8.235(c) sworn motion to dismiss does not apply to termination petitions, and evidence showed case plan noncompliance.

…remedied[.]’” Q.L. v. Dep’t of Children & Families, 280 So. 3d 2 107, 116 (Fla. 4th DCA 2019) (quoting § 39.01(77), Fla. Stat. (2016)).1 Applying that definition, the court’s determination that appellant failed to comply with his case plan is amply supported by the…

Affirmed This opinion cites § 39.01 2 times: (15)(f), (60)Cited as § 39.01(50) (2016 statutes), now § 39.01(60)

Adjudication of dependency affirmed because competent substantial evidence showed a substantial risk of neglect; the unsupported substance-misuse finding must be removed on remand.

…of adjudication of dependency and determination that the mother, A.W., has exposed the children to a substantial risk of imminent neglect, see sections 39.01(15)(f) and 39.01(50), Florida Statutes (2016), by her failure to provide a proper and safe home environment for her children and failure to comply with…

Affirmed This opinion cites § 39.01 2 times: (15), (59)Cited as § 39.01(50) (2017 statutes), now § 39.01(59)

· cited by 1 in all courts

Dependency affirmed on neglect because the homeless mother twice refused shelter services, though the mental health and substance abuse findings were unsupported.

…law, a child is dependent if the child is found “to have been abandoned, abused, or neglected by the child’s parent or parents or legal custodians.” § 39.01(15), Fla. Stat. (2017). “Neglect,” in turn, encompasses a child who “is deprived of, or is allowed to be deprived of . . . shelter . . . .” § 39.01(50), Fla.…

Affirmed This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(51) (2017 statutes), now § 39.01(60); § 39.01(52) (2017 statutes), now § 39.01(61)

· cited by 4 in all courts

Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.

…or the appropriate state agency as provided by law.” The foster parents were not parties to the proceedings below, but rather were simply participants. See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v. Dep’t of Children & Families, 981 So. 2d 1272, 1272 (Fla. 1st DCA 2008); D.C. v. J.M., 133 So. 3d 1080, 1081-82…

Affirmed This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(51) (2017 statutes), now § 39.01(60); § 39.01(52) (2017 statutes), now § 39.01(61)

Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.

…or the appropriate state agency as provided by law.” The foster parents were not parties to the proceedings below, but rather were simply participants. See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v. Dep’t of Children & Families, 981 So. 2d 1272, 1272 (Fla. 1st DCA 2008); D.C. v. J.M., 133 So. 3d 1080, 1081-82…

Affirmed in part, reversed in part This opinion cites § 39.01 2 times: (1)

· cited by 2 in all courts

Termination reversed as to the younger child because the pleaded case plan ground was invalid, but affirmed as to the older child on abandonment.

…best interests. We disagree on all points. Section 39.806(1)(b), Florida Statutes, permits termination in cases of “[a]bandonment as defined in s. 39.01(1) or when the identity or location of the parent or parents is unknown and cannot be ascertained by diligent search within 60 days.” “Abandonment” is defined as…

Reversed This opinion cites § 39.01 2 times: (37)(g), (37)(g)2.Cited as § 39.01(30)(g) (2016 statutes), now § 39.01(37)(g); § 39.01(30)(g)2. (2016 statutes), now § 39.01(37)(g)2.

Dependency adjudication reversed because the father's drug-related arrests, without evidence of circumstances or harm to the children, were insufficient.

…TORPY and EVANDER, JJ., concur. 1 There was no evidence that the father had been incarcerated as a result of his arrests. 2 Section 39.01(30)(g), Florida Statutes (2016), provides that “harm” to a child’s health or welfare can occur where a person exposes a child to a controlled substance or alcohol.…

Reversed This opinion cites § 39.01 2 times: (37)(g)Cited as § 39.01(30)(g) (2016 statutes), now § 39.01(37)(g)

Dependency adjudication reversed because the father's drug-related arrests, without evidence of circumstances or harm to the children, were insufficient.

… SAWAYA, TORPY and EVANDER, JJ., concur. . There was no evidence that the father had been incarcerated as a result of his arrests. . Section 39.01(30)(g), Florida Statutes (2016), provides that "harm” to a child’s health or welfare can occur where a person exposes a child to a controlled substance or alcohol.…

Affirmed This opinion cites § 39.01 2 times: (2), (53)Cited as § 39.01(44) (2015 statutes), now § 39.01(53)

Dependency affirmed on neglect due to a rat-infested home, but findings of abuse and imminent risk struck for lack of evidence.

…proved that the children were living in an environment which caused the children’s physical health to be in danger of being significantly impaired. See § 39.01(44), Fla. Stat. (2015); A.W. ex rel. B.W. v. Dep’t of Children & Families, 969 So.2d 496, 498-502 (Fla. 1st DCA 2007) (affirming termination of parental…

Affirmed This opinion cites § 39.01 2 times: (1)

· cited by 1 in all courts

Termination affirmed on case plan noncompliance, but the abandonment finding struck because the mother regularly visited and brought gifts; order remanded for modification.

…clothing items for the child, and the child appeared happy to see C.B. during the scheduled visits, we reverse as to the finding of abandonment under sections 39.01(1) and 39.806(l)(b), Florida Statutes (2015), and remand for modification of the order. See J.L. v. Dep’t of Child. & Fams., 143 So.3d 1158, 1158 (Fla. 5th…

Affirmed This opinion cites § 39.01 2 times: (1)

Termination affirmed on case plan noncompliance, but the abandonment finding struck because the mother regularly visited and brought gifts; order remanded for modification.

…items for the child, and the child appeared happy to see C.B. during the scheduled visits, we reverse as to the finding of abandonment under sections 39.01(1) and 39.806(1)(b), Florida Statutes (2015), and remand for modification of the order. See J.L. v. Dep't of Child. & Fams., 143 So. 3d 1158, 1158 (Fla. 5th…

Reversed & remanded This opinion cites § 39.01 2 times: (20), (3)

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.

…the legislature directs that “ ‘[c]ourt,’ unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter.” § 39.01(20) Fla. Stat. (2016). Under the circumstances here, we conclude that the trial judge abused his discretion by attempting to send this petition “downtown” for one…

Reversed & remanded This opinion cites § 39.01 2 times: (20), (3)

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.

…Denied.” 1Sexual assault and sexual battery constitute both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat. (2016). 2 The trial court may have been referring to proceedings and remedies available under Chapter 741, Florida Statutes. …

Reversed & remanded This opinion cites § 39.01 2 times: (15)(f), (37)Cited as § 39.01(30) (2015 statutes), now § 39.01(37)

· cited by 1 in all courts

After the mother's separate appeal succeeded, the court vacated its earlier affirmance and reversed the father's dependency adjudication following a sibling's death and marijuana use.

…filed a verified petition for dependency as to A.G. charging both B.J. and F.G. based on a substantial risk of imminent neglect and abuse (section 39.01(15)(f), Florida Statutes (2015)) and harm (section 39.01(30)(1)). The petition was heard over the course of two days in September 2015. After hearing all of the…

Reversed & remanded This opinion cites § 39.01 2 times: (15)(f), (37)Cited as § 39.01(30) (2015 statutes), now § 39.01(37)

After the mother's separate appeal succeeded, the court vacated its earlier affirmance and reversed the father's dependency adjudication following a sibling's death and marijuana use.

…filed a verified petition for dependency as to A.G. charging both B.J. and F.G. based on a substantial risk of imminent neglect and abuse (section 39.01(15)(f), Florida Statutes (2015)) and harm (section 39.01(30)(1)). The petition was heard over the course of two days in September 2015. After hearing all of the…

This opinion cites § 39.01 2 times: (59)Cited as § 39.01(49) (2015 statutes), now § 39.01(59)

· cited by 4 in all courts

…behavior as supported by expert testimony. Parental affirmative defense. Give if applicable. See Raford v. State, 828 So. 2d 1012 (Fla. 2002). See § 39.01(49), Florida Statutes, if the defendant’s status as a parent is at issue. § 827.03, Fla. Stat., and case law are silent as to (1) which party bears…

Reversed & remanded This opinion cites § 39.01 2 times: (15)(a), (15)(f)

· 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.

…or who is “at substantial risk of imminent abuse, abandonment or neglect by the parent or parents or legal custodians” via dependency proceedings. §§ 39.01(15)(a),(f); 39.501, Fla. Stat. (2014). In most cases, DCF is the party responsible for bringing a dependency action. However, section 39.501(1) provides that…

Affirmed This opinion cites § 39.01 2 times: (15)(f)

Dependency affirmed after the mother's physical altercation injured two children; one judge would reverse as to the five siblings for lack of imminent risk.

…finding'that the other five' children are at substantial risk of imminent abuse, abandonment, or neglect is, in my view, not supported by the evidence. See § 39.01(15)(f), Fla. Stat. (2014). The last verified report of physical abuse involving the .mother (before the present case) antedated the physical altercation with I.L.…

Reversed & remanded This opinion cites § 39.01 2 times: (1), and the section generally

Termination reversed: DCF conceded no abandonment, and the father substantially completed his only case plan task, a batterers program, so noncompliance was not proven.

…of Children and Families (“the Department”) concedes that the record does not support a finding that A.D. abandoned the child. Abandonment, under section 39.01, Florida Statutes, is defined in pertinent part as follows: (1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a…

This opinion cites § 39.01 2 times: (53)Cited as § 39.01(44) (2013 statutes), now § 39.01(53)

· cited by 1 in all courts

…treatment or a child is permitted to live in an environment [that] causes the child’s physical, mental, or emotional health to be significantly impaired.” § 39.01(44), Fla. Stat. (2013); see also K.R. v. Dep’t of Children & Families, 784 So.2d 594, 598 (Fla. 4th DCA 2001) (explaining that “[a]n impairment is an…

Certiorari / writ granted This opinion cites § 39.01 2 times: (60)Cited as § 39.01(50) (2013 statutes), now § 39.01(60)

· 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.

…cases relating to J.K. and D.D., and that they had a right to intervene and become parties rather than remain mere “participants” as defined by section 39.01(50), Florida Statutes (2013). The trial court granted the foster parents’ motion in part, ordering that the foster parents be provided the “unfettered right to…

Certiorari / writ granted This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(51) (2012 statutes), now § 39.01(61); § 39.01(50) (2012 statutes), now § 39.01(60)

· cited by 5 in all courts

Certiorari granted, quashing an order consolidating relatives' adoption case with the termination case because the foster parents got no notice.

…by clear and convincing evidence, the court shall, by order, ■place the child in the custody of the department for the purpose of adoption. . Section 39.01(51), Florida Statutes (2012), defines a "party” as: *496 [T]he parent or parents of the child, the petitioner, the department, the guardian ad litem or the…

This opinion cites § 39.01 2 times: (1)

…v. Reeves, 97 So.2d 18, 20 (Fla.1957). In making this assessment, a trial court must apply the definition of “abandoned” or “abandonment” in section 39.01(1), Florida Statutes, that was in effect at the time the petition was filed. State v. J.C.H., 680 So.2d 606, 607 (Fla. 2d DCA 1996); State v. Greenberg, …

Reversed This opinion cites § 39.01 2 times: (1), (87)Cited as § 39.01(73) (2009 statutes), now § 39.01(87)

· cited by 5 in all courts

Termination reversed because none of the five grounds was proven; the father did not knowingly fail to protect his son from the mother's abuse.

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(73), Fla. Stat. (2009). “ ‘[T]he “substantially comply” language contained in section [39.806] ... is a term of art [that] requires more than just a…

Affirmed This opinion cites § 39.01 2 times: (15)(a), (15)(f)

· cited by 10 in all courts

Dependency adjudication affirmed; the father's untreated bipolar disorder and cocaine use risked imminent neglect, and prospective risk suffices for a second parent.

…by competent substantial evidence. Id.; A.B. v. Fla. Dep't of Children & Family *1139 Servs., 901 So.2d 324, 326 (Fla. 3d DCA 2005). Section 39.01(15)(a),(f), Florida Statutes (2011), defines a dependent child as one who "is found by the court: (a) To have been abandoned, abused, or neglected by the child's…

Reversed & remanded This opinion cites § 39.01 2 times: (53), (87)Cited as § 39.01(73) (2010 statutes), now § 39.01(87); § 39.01(44) (2010 statutes), now § 39.01(53)

· cited by 10 in all courts

Termination reversed because the mother completed her case plan and no evidence showed she failed to substantially comply or posed prospective neglect.

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(73); see also R.F. v. Dep’t of Children & Family Servs., 22 So.3d 650, 654 (Fla. 2d DCA 2009); E.R. v. Dep’t of Children & Family Servs., 937 So.2d…

Affirmed This opinion cites § 39.01 2 times: (1)

· cited by 5 in all courts

Termination affirmed for abandonment after nearly four years without contact or support; no case plan was needed given the absence of any bond.

…961, 967 (Fla.1995)). Abandonment is a sufficient ground for terminating parental rights. See § 39.806(l)(b), Fla. Stat. (2011). Section 39.01(1) defines abandonment as: “a situation in which the parent or legal custodian of a child ... while being able, makes no provision for the child’s support and…

Reversed This opinion cites § 39.01 2 times: (37)(i), (37)(j)Cited as § 39.01(32)(i) (2009 statutes), now § 39.01(37)(i); § 39.01(32)(j) (2009 statutes), now § 39.01(37)(j)

· cited by 3 in all courts

Dependency adjudication reversed because the order lacked findings and evidence of the father's domestic violence was speculative, with no showing it affected the child.

…child and could reasonably result in serious injury to the child," or if the violence actually results in "physical, mental or sexual injury" to the child. § 39.01(32)(i), (j), Fla. Stat. (2009). Here, the only evidence of domestic violence was the child protective investigator's opinion as to the cause of the scratching and…

Affirmed This opinion cites § 39.01 2 times: (87)Cited as § 39.01(71) (2006 statutes), now § 39.01(87)

· cited by 11 in all courts

Termination affirmed: the father ignored his case plan, and the mother's intellectual limits meant she could never safely parent despite services; partial dissent.

…of more services. Appellant's acts and omissions simply did not square with the Florida Legislature's definition of "substantial compliance." See § 39.01(71), Fla. Stat. (2006). A.W., 969 So.2d at 503. We agree with the trial court that, should the children remain in her care, there is risk of prospective harm…

Affirmed in part, reversed in part This opinion cites § 39.01 2 times: (65), (87)Cited as § 39.01(54) (2006 statutes), now § 39.01(65); § 39.01(71) (2006 statutes), now § 39.01(87)

· cited by 9 in all courts

Single-parent termination of the mother reversed for lack of evidence of a prior involuntary termination; the father's non-termination reversed for inadequate best-interest and compliance findings.

…of understanding of her role in the relationship. Because of the permanent guardianship, neither parent will be acting in a parental role. See § 39.01(54) (defining permanent guardianship as “a legal relationship that a court creates ... which is intended to be permanent and self-sustaining through the transfer…

Certiorari / writ granted This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(50) (2007 statutes), now § 39.01(61); § 39.01(49) (2007 statutes), now § 39.01(60)

· cited by 12 in all courts

Certiorari granted and order quashed because a grandparent cannot intervene as a party in a dependency case, only as a participant.

…petitioner, the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child. 39.01(50), Fla. Stat. (2007); see also Fla. R. Juv. P. 8.210(a). The plain language of the statute does not include grandparents within the definition of a party.…

Reversed & remanded This opinion cites § 39.01 2 times: (1), and the section generally

· cited by 8 in all courts

Termination for abandonment reversed: DCF never offered the father a case plan or proved services would fail, so termination was not the least restrictive means.

…She is not a party to these proceedings. As to the first issue, the father contends that the definition of “abandonment” contained in section 39.01, Florida Statutes (2007), which is cited in section 39.806(l)(b), Florida Statutes (2007), as a ground for termination of parental rights, is…

Affirmed This opinion cites § 39.01 2 times: (1)

Termination affirmed because competent evidence showed the mother, who refused or skipped visits and gave no support, abandoned her two children.

…was filed the next month. Section- 39.806(l)(b), Florida Statutes (2007), authorizes termination of parental rights through abandonment. Section 39.01(1), Florida Statutes (2007), defines abandonment as follows: “Abandoned” means a situation in which the parent ... of a child ... while being able, makes…

Reversed & remanded This opinion cites § 39.01 2 times: (1), (53)Cited as § 39.01(43) (2007 statutes), now § 39.01(53)

· cited by 2 in all courts

Dependency adjudication reversed because it rested on an uncorroborated hearsay hotline report, and the department conceded.

…that the DCF failed to present witnesses with firsthand knowledge of the allegations to support a finding of dependency based upon abandonment under section 39.01(1), Florida Statutes, or neglect under section 39.01(43), Florida Statutes. The only direct testimony came from the mother. The only substantive evidence…

Reversed This opinion cites § 39.01 2 times: (15)(f)Cited as § 39.01(14)(f) (2007 statutes), now § 39.01(15)(f)

Dependency reversed because the department showed no link between the mother's apparent mental illness and any risk of harm to the children.

…if they were released to M.C. This finding of dependency could only be based upon a substantial risk of imminent abuse or neglect as provided for in section 39.01(14)(f), Florida Statutes (2007), because there was no evidence that M.C. abandoned, abused, or neglected her children. Undoubtedly, the court does not need to wait…

Reversed This opinion cites § 39.01 2 times: (15)(a), (15)(f)Cited as § 39.01(14)(a) (2006 statutes), now § 39.01(15)(a); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f)

· cited by 2 in all courts

Dependency of three children reversed because the order's findings were nearly nonexistent and the record did not show inadequate supervision.

…filing a petition seeking dependency, alleging that they have been abused, abandoned, or neglected by the Mother, constituting dependency pursuant to section 39.01(14)(a), Florida Statutes (2006), and that each child was at risk of imminent abuse, abandonment, or neglect, constituting dependency pursuant to section…

Reversed & remanded This opinion cites § 39.01 2 times: (1)

Termination reversed: an incarcerated father who wrote letters and sent cards had not abandoned his son, and DCF proved no other ground.

… Section 39.806(1)(b) permits the trial court to terminate a parent's rights when the parent has "abandoned" the child, as that term is defined in section 39.01(1). Section 39.01(1) defines "abandoned" as a situation in which the parent, . . . while being able, makes no provision for the child's support and makes no…

Reversed & remanded This opinion cites § 39.01 2 times: (1)

· cited by 28 in all courts

Termination reversed: an incarcerated father who wrote letters and sent cards had not abandoned his son, and DCF proved no other ground.

… Section 39.806(l)(b) permits the trial court to terminate a parent’s rights when the parent has “abandoned” the child, as that term is defined in section 39.01(1). Section 39.01(1) defines “abandoned” as a situation in which the parent, ... while being able, makes no provision for the child’s support and makes no…

This opinion cites § 39.01 2 times: (27)

…information against Grayson, alleging that on October 14, 2004, Grayson "knowingly and willfully" made a false report of child abuse in violation of sections 39.01(27) and 39.205(6), Florida Statutes (2004). Grayson moved to dismiss *335 the information on the ground that the Department of Children and Family Services…

This opinion cites § 39.01 2 times: (59), and the section generallyCited as § 39.01(49) (2005 statutes), now § 39.01(59)

· cited by 114 in all courts

…Fla. Stat. (2005). "Parent" is defined in pertinent part as "a man whose consent to the adoption of the child would be required under s. 63.062(1)." § 39.01(49), Fla. Stat. (2005). [4] Further, HOA served J.A. with a summons, notice of petition, and notice of hearing to terminate parental rights pending adoption.…

Affirmed This opinion cites § 39.01 2 times: (1), (30)

· cited by 4 in all courts

Dependency affirmed; an incompetent incarcerated father already had counsel, no attorney ad litem for parents exists, and the case need not await his competency.

…mirrored the prior order of adjudication and included the following findings: The father, [S.K.], has abandoned the child as defined in Florida Statute 39.01(1) in that the father, while being able, has made no provision for the child's support and makes no effort to communicate with the child, which situation is…

Reversed This opinion cites § 39.01 2 times: (15)(f), (87)Cited as § 39.01(71) (2006 statutes), now § 39.01(87); § 39.01(14)(f) (2006 statutes), now § 39.01(15)(f)

· cited by 8 in all courts

Termination reversed because it rested on an unpleaded ground and the mother substantially complied with her case plan; dependency of the youngest child was unsupported.

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(71), Fla. Stat. (2006). The termination hearing is replete with evidence that the mother did substantially comply with her case plan. She successfully completed…

Reversed This opinion cites § 39.01 2 times: (51)Cited as § 39.01(43) (2005 statutes), now § 39.01(51)

Dependency adjudication reversed because the father's unstable housing and employment stemmed from financial inability and no services were offered and rejected.

…to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired." See § 39.01(43), Fla. Stat. (2005). However, "the foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services…

Affirmed This opinion cites § 39.01 2 times: (1)

· cited by 5 in all courts

Termination affirmed on abandonment because the incarcerated father had no contact with or support for the child for years and only marginal efforts.

…Florida Statutes, provides for termination of parental rights in the case of abandonment, citing the definition of abandonment contained in section 39.01(1). See § 39.806(1)(b), Fla. Stat. (2004). That section defines abandonment as: a situation in which the parent or legal custodian of a child or, in the…

Reversed & remanded This opinion cites § 39.01 2 times: (2), (37)(a)Cited as § 39.01(30)(a) (2005 statutes), now § 39.01(37)(a)

Dependency reversed because a single incident of corporal discipline without significant bruising or other harm was insufficient to show abuse.

…104 (Fla. 1st DCA 2006). At best, the record in this case demonstrates a single incident of corporal discipline, as testified to by the child. Section 39.01(30)(a)4, Florida Statutes (2005), states that corporal discipline may be considered excessive or abusive when it results in a physical injury, including “temporary…

Reversed This opinion cites § 39.01 2 times: (2), (37)(g)Cited as § 39.01(30)(g) (2005 statutes), now § 39.01(37)(g)

Shelter order reversed: no probable cause showed the older child, safely living with the grandmother, was endangered by the mother's drug use.

…physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." 39.01(2), Fla. Stat. Exposing a child to a controlled substance constitutes "harm" only when a mother's use of a controlled substance during her pregnancy demonstrably…

Reversed & remanded This opinion cites § 39.01 2 times: (2), (3)

Dependency reversed because no evidence showed the father's domestic violence occurred in the child's presence; remanded for possible further evidence or a disposition hearing.

…mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired.” § 39.01(2), Fla. Stat. (2005). Domestic violence between parents may constitute abuse if the parent “[ejngages in violent behavior that demonstrates a wanton disregard…

Reversed & remanded This opinion cites § 39.01 2 times: (37), (53)Cited as § 39.01(30) (2005 statutes), now § 39.01(37); § 39.01(45) (2005 statutes), now § 39.01(53)

Finding of imminent risk, with adjudication withheld, reversed because evidence did not establish an act of domestic violence or an ongoing pattern supporting prospective harm.

…the children. In Count III, DCF alleged *1050 that "the children are presently at substantial risk of imminent threat of harm as defined in Florida Statute 39.01(30)." In both counts, DCF made the following allegations: The father, [T.S.], neglected the minor children . . . as defined in Florida Statute 39.01(45) in that…

Affirmed This opinion cites § 39.01 2 times: (59), (89)Cited as § 39.01(49) (2005 statutes), now § 39.01(59); § 39.01(41) (2005 statutes), now § 39.01(89)

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.

…of dependency because the mother was not properly notified and joined as a party to the proceedings. Her argument is based upon the provisions of section 39.01(49)-(51), Florida Statutes (2005), and Florida Rule of Juvenile Procedure 8.210, which define “parent,” “participant,” and “party,” and the provisions of sections…

This opinion cites § 39.01 2 times: (13)

· cited by 11 in all courts

…a statute has established the CPT as part of the Department of Children and Families for the express purpose of "process[ing] child abuse cases. " [e.s.] § 39.01(13), Fla. Stat. (2004). The statute explicitly states that a purpose of child protection teams is to provide "expert medical, psychological, and related…

Reversed This opinion cites § 39.01 2 times: (87), and the section generallyCited as § 39.01(68) (2004 statutes), now § 39.01(87)

· cited by 7 in all courts

Denial of termination reversed because the trial court's own findings contradicted its conclusions on case plan compliance and best interests; termination directed.

…by the evidence and was not in the child's best interest. See Dep't of Children & Families v. C.F., 788 So.2d 988, 988-89 (Fla. 3d DCA 1998). Section 39.01 defines "substantial compliance" as meaning that "the circumstances [that] caused the creation of the case plan have been significantly remedied to the extent…

Certiorari / writ granted This opinion cites § 39.01 2 times: (17), (20)Cited as § 39.01(16) (2004 statutes), now § 39.01(17); § 39.01(18) (2004 statutes), now § 39.01(20)

· 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.

…have exclusive original 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…

Reversed & remanded This opinion cites § 39.01 2 times: (18), (87)Cited as § 39.01(17) (2004 statutes), now § 39.01(18); § 39.01(68) (2004 statutes), now § 39.01(87)

· cited by 9 in all courts

Closing the case with permanent custody to the fathers reversed; the mother substantially complied and got no time to complete an added evaluation.

…the inception of this case. Moreover, it nullifies those statutes in Chapter 39 which otherwise provide for reunification with the mother. [5] Section 39.01(17) defines comprehensive assessment: "Comprehensive assessment" or "assessment" means the gathering of information for the evaluation of a child's and…

This opinion cites § 39.01 2 times: (51)Cited as § 39.01(43) (2001 statutes), now § 39.01(51)

· cited by 7 in all courts

…extent of the student's injuries in this case was nothing more than "significant bruises or welts," and there was no corresponding mental injury under section 39.01(43), Florida Statutes (2001). [2] Accordingly, the spanking did not constitute felony child abuse as a matter of law, and the trial court erred in denying King's…

This opinion cites § 39.01 2 times: (37)(f), and the section generallyCited as § 39.01(30)(f) (2003 statutes), now § 39.01(37)(f)

…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 children are educated, see § 1003.21(1)(a)1, Fla. Stat. (2003)…

Affirmed This opinion cites § 39.01 2 times: (37), (37)(i)Cited as § 39.01(30)(i) (2002 statutes), now § 39.01(37)(i); § 39.01(30) (2002 statutes), now § 39.01(37)

· cited by 10 in all courts

Dependency affirmed in a close case: the teens were aware of a knife-involved domestic violence incident, creating risk of emotional harm.

…children are at risk of being "harmed"—impaired mentally and emotionally—if they remain in the custody of the abusive parents, within the meaning of section 39.01(30)(i), Florida Statutes (2002). [2] See D.D. v. Department of Children and Families, 773 So.2d 615 (Fla. 5th DCA 2000). See also D.W.G. v. Department of…

Reversed & remanded This opinion cites § 39.01 2 times: (59), (76)Cited as § 39.01(49) (2002 statutes), now § 39.01(59); § 39.01(60) (2002 statutes), now § 39.01(76)

· 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.

…not the natural son of the father, further complicates this case. Under the dependency statutes, a stepfather is neither a "parent" nor a "relative." See § 39.01(49), (60), Fla. Stat. (2002). Therefore, the foregoing statutory options were unavailable to determine custody for N.R. Instead, N.R.'s placement with the father…

Reversed This opinion cites § 39.01 2 times: (15)(f)Cited as § 39.01(14)(f) (2001 statutes), now § 39.01(15)(f)

· cited by 10 in all courts

Dependency reversed: one incident of abuse of the mother's other child showed no nexus to a substantial risk of imminent abuse of the infant.

…DCF has the burden of establishing that the current child is at "substantial risk of imminent abuse, abandonment, or neglect by the parent or parents...." § 39.01(14)(f), Fla. Stat. (2001); Eddy v. Department of Children & Family Servs., 704 So.2d 734 (Fla. 5th DCA 1998). A trial court's decision that a child is…

Affirmed in part, reversed in part This opinion cites § 39.01 2 times: (15)(a), (2)Cited as § 39.01(14)(a) (2001 statutes), now § 39.01(15)(a)

· cited by 4 in all courts

Dependency affirmed as to the mother on her inconsistent account and medical testimony, but reversed as to the father, whom no evidence connected to injuries.

…and the testimony of Dr. Kessler about the nature of the injuries to the child were sufficient to meet the statutory definition of abuse. *183 See § 39.01(2), Fla. Stat.; see also In Interest of D.J.S., 563 So.2d 655, 663 (Fla. 1st DCA 1990) (affirming dependency order where child sustained beating,…

Affirmed This opinion cites § 39.01 2 times: (15), (15)(f)Cited as § 39.01(14)(f) (2000 statutes), now § 39.01(15)(f); § 39.01(11) (1997 statutes), now § 39.01(15)

· cited by 15 in all courts

Dependency of both daughters affirmed: the mother's severe beating of one child was abuse, and her pattern of punishment put the sibling at imminent risk.

…A finding of dependency may be found upon evidence that the child is at a "substantial risk of imminent abuse, abandonment or neglect by the parent." § 39.01(14)(f), Fla. Stat. (2000). Based upon this provision, the supreme court has held that a trial court can find children who have not been abused to be dependent…

Affirmed This opinion cites § 39.01 2 times: (52), and the section generallyCited as § 39.01(45) (1999 statutes), now § 39.01(52)

· 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.

…In addition, the father, has been incarcerated since October of 1998 for armed cocaine trafficking." This order was signed on September 7, 2001. Section 39.01(45), Florida Statutes (1999), explains that "neglect" occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or…

Reversed This opinion cites § 39.01 2 times: (15)(a), (15)(f)Cited as § 39.01(14)(a) (1999 statutes), now § 39.01(15)(a); § 39.01(14)(f) (1999 statutes), now § 39.01(15)(f)

· cited by 4 in all courts

Dependency reversed because nothing showed the mother knew the baby's father was dangerous or that her other children faced substantial risk of imminent abuse.

…evidence to support the dependency finding, we reverse. The trial court did not find that K.A.R. or L.T.R. had been abused, abandoned or neglected. See § 39.01(14)(a), Fla.Stat. (1999). Rather, the trial court's finding is based upon the mother's purported "poor judgment" in leaving her youngest child, Franklin, with…

This opinion cites § 39.01 2 times: (2), (37)Cited as § 39.01(30) (1999 statutes), now § 39.01(37)

· cited by 16 in all courts

…39 that designates certain types of excessive corporal punishment as civil child abuse. Ch. 98-403, § 20, Laws of Fla. The definition of "abuse" in section 39.01(2) was amended to read: *646 "Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or…

This opinion cites § 39.01 2 times: (51)Cited as § 39.01(44) (1998 statutes), now § 39.01(51)

· cited by 5 in all courts

…involving reporting, investigating, and preventing child abuse, and moved to Chapter 415. The definition was moved from section 415.503(8) to section 39.01(44) in 1998. See ch. 98-403, § 19, Laws of Fla. [2] Fuchs In our original opinion, we concluded that "mental injury" as used in section 827.03 was…

Reversed & remanded This opinion cites § 39.01 2 times: (1)

Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

…of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1999). We first note that the evidence in this case did not prove that F.C. had failed to substantially comply with a case plan. See §…

Reversed & remanded This opinion cites § 39.01 2 times: (1)

· cited by 9 in all courts

Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

…of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1999). We first note that the evidence in this p case did not prove that F .C. had failed to substantially comply with a case plan. See §…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(7) under the 1987 statutes, too old to match to today's subsections.

· cited by 28 in all courts

…years of age, was removed from criminal courts and placed in either juvenile courts or county courts in those counties where no juvenile court existed. §§ 39.01, .02, Fla.Stat. (1951). Section 39.02(6), Florida Statutes (1951), granted discretion to the juvenile court to transfer felony charges against children…

This opinion cites § 39.01 2 times: (89)Cited as § 39.01(70) (1998 statutes), now § 39.01(89)

· cited by 1 in all courts

…a legal custodian." § 39.508(9)(a)7, Fla. Stat. (Supp.1998). The rights and responsibilities of the Department as custodian are explained in section *969 39.01(70), Florida Statutes (Supp.1998), which provides: "Temporary legal custody" means the relationship that a juvenile court creates between a child and an adult…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

· cited by 13 in all courts

…of HRS to establish by rule. The only guidance given by the Legislature to HRS was that "there shall be no more than eight levels." Id. at 989-90 (quoting § 39.01(61), Fla. Stat. (Supp.1990)). Based on this statute, HRS created four restrictiveness levels, dividing them by even numbers: level 2 (nonresidential); level 4…

This opinion cites § 39.01 2 times: (60), (61)Cited as § 39.01(39) (1997 statutes), now § 39.01(61); § 39.01(38) (1997 statutes), now § 39.01(60)

· cited by 2 in all courts

…the order denying Mr. MeGillis’ motion to intervene as a party in a termination and dependency proceeding as he does not fall within the parameters of section 39.01(39), Florida Statutes (1997). See also J.L. v. G.M., 687 So.2d 977 (Fla. 4th DCA 1997)(Fla.R. Juv. P. 8.210(a) limits parties in juvenile proceeding). We…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(36), 39.01(2) under the 1991 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…The department asserts that the trial court's recognition that the children were at risk of emotional harm is equivalent to a dependency finding under section 39.01(36), Florida Statutes, which defines neglect, as a basis for dependency, as "Neglect" occurs when the parent or legal custodian of a child or, in the absence of…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(59)(c), 39.01(59)(d) under the 1996 statutes, too old to match to today's subsections.

…finding that a high-risk placement was the more appropriate means of ensuring such protection is supported by a preponderance of the evidence. Section 39.01(59)(c), Florida Statutes (Supp.1996), states that moderate-risk residential facilities are intended for children who "do not need placement in facilities that are…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(59)(c), 39.01(59)(d) under the 1996 statutes, too old to match to today's subsections.

· cited by 14 in all courts

…finding that a high-risk placement was the more appropriate means of- ensuring such protection is supported by a preponderance of the evidence. Section 39.01(59)(c), Florida Statutes (Supp.1996), states that moderate-risk residential facilities are intended for children who “do not need placement in facilities that are…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(28), 39.01(13) under the 1995 statutes, too old to match to today's subsections.

… Resolution of this issue demands a close examination of several related statutory provisions under Chapter 39 governing juvenile proceedings. First, section 39.01(28), Florida Statutes (1995), defines disposition hearing as a hearing in which the court determines the most appropriate dispositional services in the least…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(28), 39.01(13) under the 1995 statutes, too old to match to today's subsections.

· cited by 4 in all courts

… Resolution of this issue demands a close examination of several related statutory provisions under Chapter 39 governing juvenile proceedings. First, section 39.01(28), Florida Statutes (1995), defines disposition hearing as a hearing in which the court determines the most appropriate dispositional services in the least…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(37), 39.01(21) under the 1993 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…of T.D., 537 So.2d 173 (Fla. 1st DCA 1989). In this case we do not think the state sufficiently proved Veronica was neglected by Hroncich. Section 39.01(37) provides a description of neglect. `Neglect' occurs when the parent or legal custodian of a child ... deprives a child of, or allows a child to be deprived…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10)(a), 39.01(10) under the 1993 statutes, too old to match to today's subsections.

· cited by 18 in all courts

…abuse," that is, they were at risk because Denson had sexually abused T.D. We reverse. A child may be found to be dependent under several circumstances. §§ 39.01(10)(a)-(e), Fla. Stat. (1993). Two of these circumstances include a child who is found: 2(a) To have been abandoned, abused, or neglected by [the] parents or other…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10), 39.01(37) under the 1993 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…proof of current or prospective abuse, neglect or abandonment as to each parent, the court reluctantly dismissed the petition for dependency. Section 39.01(10), Florida Statutes (1993), defining "dependent child," states in part: (1) "Child who is found to be dependent" means a child who, pursuant to this chapter,…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1993 statutes, too old to match to today's subsections.

· cited by 20 in all courts

…an adjudication of dependency without evidence of past abuse or neglect. We disagree. A child may be found to be dependent under several circumstances. §§ 39.01(10) (a)-(e), Fla. Stat. (1993). Two of these circumstances include a child who is found: (a) To have been abandoned, abused, or neglected by [the] parents or…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(7), 39.01(4) under the 1983 statutes, too old to match to today's subsections.

· cited by 9 in all courts

…1985, we conclude that chapter 39, Florida Statutes (1983), supplies the governing statutory provisions. We begin with the definition of "child" in section 39.01(7): "(7) `Child' means any unmarried person under the age of 18 alleged to be dependent or any married or unmarried *939 person who is charged with a…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(37), 39.01(10)(a) under the 1993 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…We affirm. The mother contends that the evidence of neglect is legally insufficient to support an adjudication of dependency in accordance with section 39.01(37), Florida Statutes (1993). We disagree. “An adjudication of dependency must be based upon a showing of abuse, abandonment, or neglect.” I.T. v. Department…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1), 39.01(37) under the 1993 statutes, too old to match to today's subsections.

· cited by 1 in all courts

… (Fla. 5th DCA 1989); In the Interest ofR.V.F., 437 So.2d 713 (Fla. 2d DCA 1983); In the Interest of C.M.H., 413 So.2d 418 (Fla. 1st DCA 1982); § 39.01(1), (37), Fla.Stat. (1993). DELL, C.J., and HERSEY and STONE, JJ., concur.

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(61)(c), 39.01(61)(d) under the 1992 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…care of children, pending adjudication, disposition, or placement or an escape from any moderate or high risk residential commitment facility defined in s. 39.01(61)(c) and (d), maintained for the custody, treatment, or rehabilitation of children found to have committed delinquent acts or violations of law constitutes escape…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(21) under the 1992 statutes, too old to match to today's subsections.

…of the provisions of Chapter 39, particularly with respect to dispositional alternatives, is expressed at various points in the Chapter. In Section 39.01(21) "Disposition hearing" is defined as "a hearing in which the Court determines the most appropriate dispositional services in the least restrictive available…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(21) under the 1992 statutes, too old to match to today's subsections.

· cited by 20 in all courts

…of the provisions of Chapter 39, particularly with respect to dispositional alternatives, is expressed at various points in the Chapter. In Section 39.01(21) "Disposition hearing” is defined as "a hearing in which the Court determines the most appropriate dispositional services in the least restrictive available…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(26), 39.01(37) under the 1981 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…v. State, Dep't of Health & Rehabilitative Services, 443 So.2d 1083 (Fla. 3d DCA 1984), the court rejected the natural mother's argument that section 39.01(26), Florida Statutes (1981), under which her child was adjudicated dependent, was unconstitutional because it provided "a facially vague standard." The statute…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…could not lawfully delegate to an agency of the executive branch the power to classify the levels of restrictiveness based upon, as stated in section 39.01(61), “the risk and needs of the individual child.” If unlawful delegation involves simply the power to make a law rather than the authority to execute it, …

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(37) under the 1989 statutes, too old to match to today's subsections.

· cited by 14 in all courts

…was examined and evaluated at Jackson Memorial Hospital by Dr. Montana who diagnosed said child as being malnourished and developmentally delayed. Section 39.01(37), Florida Statutes (1989), specifically defines neglect as "[occurring] when the parent ... deprives a child of necessary food, clothing, shelter, or medical…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

…delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree. [2] Section 39.01(61) defines "restrictiveness level" as: the identification of broad custody categories for committed children including nonresidential, residential, and secure…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(61) under the 1990 statutes, too old to match to today's subsections.

· cited by 15 in all courts

…committed delinquent acts or violations of law constitutes escape within the intent and meaning of s. 944.40 and is a felony of the third degree. 2 Section 39.01(61) defines “restrictiveness level” as: the identification of broad custody categories for committed children including nonresidential, residential, and secure…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(2) under the 1991 statutes, too old to match to today's subsections.

· cited by 6 in all courts

… A mother appeals an order adjudicating her three children dependent, the dependency order having been based on a finding of abuse pursuant to section 39.01(2), Florida Statutes (1991). We reverse. The dependency petition was based on one incident of alleged abuse. The evidence showed that on one day the mother…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10)(a), 39.01(27) under the 1987 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…he was 22 months old and weighed 18 pounds. *1316 A dependent child is one who has been abandoned, abused, or neglected by his parents or custodians. § 39.01(10)(a), Fla. Stat. (1987). The trial court found no evidence of abandonment or abuse. Neglect is defined in section 39.01(27), Florida Statutes, which provides in…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(2), 39.01(10)(a) under the 1987 statutes, too old to match to today's subsections.

· cited by 12 in all courts

…required the court to determine whether, through excessive means of corporal punishment, the parents abused their child within the definitions of sections 39.01(2) and 39.01(10)(a), Florida Statutes (1988 supp.), which provide: (2) "Abuse" means any willful act that results in any physical, mental, or sexual injury…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(2) under the 1981 statutes, too old to match to today's subsections.

· cited by 40 in all courts

…abuse in a permanent commitment case involving three children, one of whom had suffered no abuse. The court relied upon the definition of "abuse" in section 39.01(2), Fla. Stat. (1981), which contains a future tense element: `Abuse' means any willful act that results in any physical, mental, or sexual injury that causes…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1) under the 1985 statutes, too old to match to today's subsections.

· cited by 48 in all courts

…service in a dependency proceeding shall give rise to a rebuttable presumption of such person's ability to provide for and communicate with the child. § 39.01(1), Fla. Stat. The natural father here filed an acknowledgment of paternity in accordance with section 63.062(1) on 19 September 1986. Thus, his consent was…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(13), 39.01(15) under the 1988 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…(Supp.1988). Certiorari denied. . K.C. concedes that the discovery of the psychiatric and psychological records is not at issue. . Section 39.01(13), Florida Statutes (Supp. 1988), states that ‘“[c]ourt,' unless otherwise expressly stated, means the circuit court." Section 39.01(15) defines “department" as…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1), 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 16 in all courts

…control. See Harden v. Thomas, 329 So.2d 389 (Fla. 1st DCA 1976) (incarceration does not, as a matter of law, constitute abandonment under section 39.01(1), Florida Statutes); In the Interest of P.S., 384 So.2d 656 (Fla. 5th DCA 1980) (Indigency resulting in an inability to provide support does not…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1985 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…circuit court to order parents to pay "child support" to the adult relative caring for the child, the licensed child/caring agency, or the Department. Section 39.01 was amended by adding the definition of "child support" which is defined as "a court ordered obligation enforced pursuant to ss. 409.2551-409.2597, for…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1) under the 1986 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…in this case. Whether "prospective neglect" or even "prospective abandonment" are valid grounds for termination of parental rights pursuant to section 39.01, Florida Statutes, are important legal issues which should be addressed by this court in a proper case. *1023 Had this been such a case, I would have done…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(7) under the 1987 statutes, too old to match to today's subsections.

· cited by 31 in all courts

…years of age, was removed from criminal courts and placed in either juvenile courts or county courts in those counties where no juvenile court existed. §§ 39.01, .02, Fla. Stat. (1951). Section 39.02(6), Florida Statutes (1951), granted discretion to the juvenile court to transfer felony charges against children…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 12 in all courts

…committing the child on the ground of neglect lacked a legally sufficient evidentiary predicate. The state has in fact confessed error in this regard. Section 39.01(27), Florida Statutes (1985), defines neglect in part as occurring when the parent or legal custodian of a child or, in the absence of a parent or legal…

This opinion cites § 39.01 2 times, the section generally

· cited by 3 in all courts

…A parent who has deserted a child without affording means of identification or who has abandoned a child... ." [2] Chapter 39 provides in relevant part: 39.01 Definitions. — When used in this chapter: (1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 1 in all courts

SCHEB, Acting Chief Judge. Deborah Jones, the mother of three young daughters, challenges the trial court’s order adjudicating them dependent under section 39.01(27), Florida Statutes (1985). We agree with the mother that there was insufficient evidence to support the adjudication. We reverse. Deborah Jones and Robert…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27), 39.01(1) under the 1985 statutes, too old to match to today's subsections.

· cited by 9 in all courts

…neglect in her brief and did so only summarily before the court, we will address the matter in order to provide a complete analysis of this situation. Section 39.01(27), Florida Statutes (1985) defines neglect as follows: "Neglect" occurs when the parent or legal custodian of a child or, in the absence of a parent or legal…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27), 39.01(1) under the 1985 statutes, too old to match to today's subsections.

…neglect in her brief and did so only summarily before the court, we will address the matter in order to provide a complete analysis of this situation. Section 39.01(27), Florida Statutes (1985) defines neglect as follows: “Neglect” occurs when the parent or legal custodian of a child or, in the absence of a parent or legal…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…R.H. and G.K. were dependent children. We find that the evidence presented to the trial court was insufficient to support a finding of neglect under section 39.01(27), Florida Statutes (1985), and, accordi:..g;y, reverse the order of dependency. Section 39.01(27) provides in part: “Neglect” occurs when the parent or…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(2) under the 1985 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…this appeal ensued. Appellants raise three points on appeal: first, that the evidence was insufficient to establish child abuse as defined by section 39.01(2), Florida Statutes (1985); second, that the order of adjudication of dependency on the grounds of abuse was in violation of section 39.409, subsections (2) and…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(9)(a), 39.01(27) under the 1985 statutes, too old to match to today's subsections.

· cited by 8 in all courts

…of H.R.S. *176 Under Florida law, a dependent child is one who has been abandoned, abused or neglected by his parents or other custodians. § 39.01(9)(a), Fla. Stat. (1985). Here, there is no contention of abuse or abandonment. "Neglect" is defined by section 39.01(27), Florida Statutes, which states in…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1) under the 1983 statutes, too old to match to today's subsections.

· cited by 9 in all courts

…in a Chapter 39 dependency proceeding applies in adoption proceedings as well, and consequently we do not do so, it is interesting to note that section 39.01(1), Florida Statutes (1983) looks to the parent's conduct in determining whether there has been an abandonment when it says: ... If a parent's efforts to…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(8) under the 1983 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…All acts being in violation of ... [this court’s] order.” The commitment order adjudicated L.M.H. as having committed a delinquent act in violation of section 39.01(8), Florida Statutes (1983), and committed her to HRS for an indeterminate period of time. Appellee, the Department of Legal Affairs, contends that the court…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(32) under the 1983 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…petition” rule of section 39.05(6) calls for a factual determination to be made by the trial court. The phrase “taken into custody” is defined in section 39.01(32) as meaning ... the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the…

Reversed & remanded This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(8) under the 1983 statutes, too old to match to today's subsections.

· cited by 48 in all courts

Panel revived a mother's section 1983 suit over a collusive dependency order entered without notice or hearing, finding triable conspiracy and due process claims against the defendants.

…persistently run away from his parents or legal guardian. (i) Being subject to compulsory school attendance, is habitually truant from school. Fla.Stats. § 39.01(8) (1977). In 1978, the Florida State Legislature revised Chapter 39 and it became known as the Florida Juvenile Justice Act, with new sections effective…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(26) under the 1981 statutes, too old to match to today's subsections.

· cited by 7 in all courts

…Services. The natural mother prosecutes this appeal raising three alleged errors. We affirm. *1084 First, the natural mother contends that Section 39.01(26), Florida Statutes (1981), under which her child was adjudicated dependent, is unconstitutional because it provides a facially vague standard as a basis for…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1) under the 1981 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…rights. 1 The lower court found the children had been “abused, neglected and abandoned.” The record does not support “abandonment” as defined in section 39.01(1), Florida Statutes (1981). However, it reflects that HRS sustained its burden of showing neglect and abuse by clear and convincing evidence. Thus, while we…

This opinion cites § 39.01 2 times, the section generally

· cited by 9 in all courts

…the child; or ... . In the order denying the petition for commitment, the court acknowledged that according to the definition of "abandoned" in section 39.01, Florida Statutes (1981), the father had abandoned R.V.F., Jr. However, the court characterized this as a technical abandonment and relied upon the…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(9) under the 1975 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…behalf. Gamble nevertheless maintains that she lacked the capacity to contract on the child’s behalf because the definition of “legal custody” at section 39.01(9), Florida Statutes (1975), does not expressly grant a legal custodian this authority. But this section specifically vests a legal custodian with the right and…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(33), 39.01(21) under the 1981 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…State, 364 So.2d 100 (Fla. 1st DCA 1978). . Chapter 78-414, Laws of Florida (1978). . Chapter 80-290, Laws of Florida (1980). . Section 39.01(33), Florida Statutes. . Sections 39.01(21) and 39.02(1), Florida Statutes.

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(33), 39.01(14) under the 1979 statutes, too old to match to today's subsections.

…of a petition of delinquency within 45 days thereafter, or a total of 48 days from the time of arrest. The pertinent parts of Chapter 39 are as follows: 39.01(33) “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1979 statutes, too old to match to today's subsections.

…in a governmental facility after the court has properly ordered the child to be placed in community control. We answer the question in the negative. Section 39.01(10), Florida Statutes (1979), defines “community control” as: “the legal status of probation created by law and court order involving a child who has been found…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(21)(a) under the 1979 statutes, too old to match to today's subsections.

· cited by 7 in all courts

…for Broward County, the state asks us to reverse an order dismissing an information against G.D.M., a juvenile, in which the trial judge found that section 39.01, Florida Statutes (1979), is: violative of due process of law in failing to exclude from the definition of “juvenile traffic offense”, [s/c] reckless…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(31), 39.01(8) under the 1979 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…facilities only for the temporary care of children pending delinquency adjudication or court disposition (Senate Bill 409, effective July 1, 1980, amending § 39.01(31), F.S.). Therefore, HRS concludes the Court cannot impose a burden upon HRS which the Legislature has not given HRS power to handle. Specifically, in this…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(1) under the 1979 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1979) (emphasis added). In its findings of fact and conclusions of law, the trial court apparently construed the statutory definition of…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(16), 39.01(14) under the 1979 statutes, too old to match to today's subsections.

· cited by 12 in all courts

…of the State's request to have the child bound over for trial as an adult. [7] Non-secure custody may be provided in a detention home, see Section 39.01(16), Florida Statutes (1979), or in the child's own home, see Section 39.01(14), Florida Statutes (1979). That choice rests not with the court, but with the…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(35), 39.01(7) under the 1978 statutes, too old to match to today's subsections.

· cited by 99 in all courts

…of age or older after a waiver hearing in which the criteria listed in section 39.09(2)(c)1-8, Florida Statutes (Supp. 1978), are considered. §§ 39.02(5)(a) & 39.01(35), Fla. Stat. (Supp. 1978). If the juvenile has been previously adjudicated delinquent for certain serious violent offenses and is currently charged with a…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(9), 39.01(1) under the 1978 statutes, too old to match to today's subsections.

· cited by 26 in all courts

…from natural parents 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…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10), 39.01(27) under the 1977 statutes, too old to match to today's subsections.

…circumstantial evidence rule. The adjudication of delinquency against the defendant is reversed with directions to discharge him. Reversed. NOTES [1] § 39.01(10), Fla. Stat. (1977). "`Delinquent child' means a child who commits a violation of law... ." [2] § 39.01(27), Fla. Stat. (1977). "`Violation of law' means a…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10), 39.01(27) under the 1977 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…the circumstantial evidence rule. The adjudication of delinquency against the defendant is reversed with directions to discharge him. Reversed. . § 39.01(10), Fla.Stat. (1977). ‘“Delinquent child’ means a child who commits a violation of law . . .” . § 39.01(27), Fla.Stat. (1977). “ ‘Violation of law’ means a…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(27), 39.01(10) under the 1977 statutes, too old to match to today's subsections.

…delinquency judgment could depend — appellant argues not, because that violation "would [not] be a misdemeanor or a felony if committed by an adult," Sections 39.01(27), (10), 775.08, Florida Statutes (1977) — the circuit court had jurisdiction to decide that issue. Disposing of the disorderly conduct issue on another ground,…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(11) under the 1976 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…of the Eleventh Judicial Circuit, relating to the authority of the public defender to represent indigent juve *710 niles in proceedings under Section 39.01(11), Florida Statutes. It appears that the question presented herein is determinative of this cause and that it is without controlling precedent in this state. We…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(6) under the 1975 statutes, too old to match to today's subsections.

· cited by 10 in all courts

…is remanded for further proceedings under the outstanding indictment herein. GRIMES and SCHEB, JJ., concur. NOTES [1] Rule 8.120, R.J.P. [2] Section 39.01(6), F.S. 1973. [3] Section 39.01(6), F.S. 1975. [4] (Fla. 1974), 297 So.2d 5 . [5] Section 39.02(6)(c), F.S. 1971. [6] See Johnson v. State …

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(6), 39.01(12) under the 1974 statutes, too old to match to today's subsections.

· cited by 42 in all courts

…the withheld adjudication of guilt, and impose any sentence which it may lawfully impose, giving credit for all time in the department. [6] F.S.A., Section 39.01(6). [7] F.S.A., Section 39.01(12). [8] F.S.A., Section 39.02(1). [9] F.S.A., Section 39.02(5)(b). Also see Rule 8.100(b) Florida Rules of Juvenile…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1973 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…Although evidence was adduced in overwhelming quantities from disinterested persons showing that the child was a dependent child within the meaning of Section 39.01(10), Florida Statutes, F.S.A., the trial court erroneously held that the allegations of the petition for permanent commitment were not sustained. Section…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1973 statutes, too old to match to today's subsections.

· cited by 121 in all courts

…be awarded custody? We answer both of these questions in the affirmative. As to the first issue, Chapter 73-231, Section 2, Laws of Florida, which amends § 39.01(10), Florida Statutes, defines a “dependent child”, inter alia, as a child who “is surrendered to the division of family services or a licensed child placing…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(11), 39.01(12)(b) under the 1972 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…unusual appeal are the following. On 2 February 1972 the juvenile court entered an order adjudicating J.N. to be a delinquent child within the meaning of § 39.01(11) and (12)(b), F.S. 1971, F.S.A. By the same order the court committed the child under the authority of § 39.11(2)(b), F.S. 1971, F.S.A., to the Division of…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(12)(a), 39.01(12) under the 1972 statutes, too old to match to today's subsections.

· cited by 10 in all courts

… have appealed a final order rendered by the Juvenile Court of Duval County adjudging them to be children in need of supervision as defined by F.S. Section 39.01(12)(a), F.S.A., and placing them under the supervision of a juvenile counselor of the court. The primary issue presented for our decision is one of procedure and…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(11), 39.01(13)(a) under the 1971 statutes, too old to match to today's subsections.

…of the evidence. The Florida Statutes define a delinquent child as one who "commits a violation of law, regardless of where the violation occurred". Section 39.01(11), F.S. 1971, F.S.A. A violation of law is a violation of any law of the United States, Florida, another state, or a city or town ordinance. Section…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(11), 39.01(13) under the 1971 statutes, too old to match to today's subsections.

· cited by 11 in all courts

…of the evidence. The Florida Statutes define a delinquent child as one who “commits a violation of law, regardless of where the violation occurred”. Section 39.01(11), F.S. 1971, F.S.A. A violation of law is a violation of any law of the United States, Florida, another state, or a city or town ordinance. Section 39.01(13)…

This opinion cites § 39.01 2 times, a subsectionAlso cites § 39.01(10) under the 1957 statutes, too old to match to today's subsections.

· cited by 7 in all courts

…not accept children for care until a license is secured from the State Department of Public Welfare.” In the chapter treating of juvenile courts, Section 39.01(10), Fla.Stat.1955, F.S.A. cites a dependent child as: “A child who, for any reason, is destitute, homeless, dependent upon the public for support, or has not…

This opinion cites § 39.01 1 time, a subsectionAlso cites § 39.01(43) under the 1979 statutes, too old to match to today's subsections.

…was the target of Munchausen syndrome by proxy and did not indicate that Maya was suffering with CRPS. Mr. Kowalski testified that he and 3 Section 39.01(43) defined "[n]ecessary medical treatment" as the "care which is necessary within a reasonable degree of medical certainty to prevent the deterioration of a…

Reversed & remanded This opinion cites § 39.01 1 time, the section generally

Dependency adjudication reversed because the father promptly protected the child from the mother's abuse and posed no present threat.

…MILLER, and BOKOR, JJ. PER CURIAM. Appellant, Y.T., the father, appeals an order adjudicating his minor child dependent under section 39.01, Florida Statutes (2024). The base allegations supporting dependency related to abuse the child suffered at the hands of the mother within a…

Dismissed This opinion cites § 39.01 1 time: (12)

Appeal dismissed as moot because the child is now over eighteen and no longer a child under Chapter 39.

…following. The court denies the motion to compel docketed on March 21, 2025. The court grants the motions to dismiss submitted by the appellees. See § 39.01(12), Fla. Stat. (defining “child” and “youth” to mean “any unmarried person under the age of 18 years who has not been emancipated by order of the court”); §…

Certiorari / writ denied This opinion cites § 39.01 1 time: (25)Cited as § 39.01(24) (2023 statutes), now § 39.01(25)

Appeal treated as certiorari and denied; the court properly approved a substance-misuse condition for return though the mother's consent plea omitted substance use.

…is defined as “a hearing in which the court determines the most appropriate protections, services, and placement for the child in dependency cases.” § 39.01(24), Fla. Stat. In its written disposition order, the trial court is required to address the placement of the child and visitation, as well as the requirements…

Affirmed This opinion cites § 39.01 1 time: (1)

Termination of the father's rights affirmed on abandonment grounds, citing authority that termination without a case plan is permitted when abandonment is proven.

… court’s finding of abandonment, explaining that “[s]ection 39.806(1)(b), Florida Statutes (2001), allows TPR based on abandonment, as defined in s. 39.01(1)”). 2

Dismissed This opinion cites § 39.01 1 time: (61)Cited as § 39.01(58) (2022 statutes), now § 39.01(61)

Certiorari petition dismissed because the discharged guardian ad litem was no longer a party and could not seek relief for the child after permanent guardianship.

…that because the GAL had been discharged, it was no longer a party to the case and therefore lacked the authority to seek relief on K.H.’s behalf. See § 39.01(58), Fla. Stat. (2022) (defining “party” in the context of chapter 39 as “the parent or parents of the child, the petitioner, the department, the guardian ad…

Affirmed This opinion cites § 39.01 1 time: (1)

Termination affirmed on abandonment because the mother had not seen the child in about nine years; no reunification effort was required.

…with her. The court further found that M.N., who was 11 years old at the time of the hearing, had not seen her mother 3 Abandonment is defined in § 39.01(1), in relevant part, as follows: (1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a …

Other This opinion cites § 39.01 1 time: (61)Cited as § 39.01(58) (2021 statutes), now § 39.01(61)

On rehearing the court certified conflict with the Third District on whether the civil intervention rule applies to dependency proceedings; other motions denied.

…was only a participant and not a party entitled to discovery, relying on section 39.812(5), Florida Statutes (2021). T.R.-B., 335 So. 3d at 733; see also § 39.01(58), Fla. Stat. (2021) (defining “party” as “the parent or parents of the child, the petitioner, the department, the guardian ad litem or the representative of…

Affirmed This opinion cites § 39.01 1 time, the section generally

Termination of four children affirmed on egregious conduct for failing to stop sexual abuse; relying on an unpled sexual abuse ground was harmless error.

… child or another child to aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01, or chronic abuse. § 39.806(1)(g), Fla. Stat. (2022). 2 This case involves egregious conduct under § 39.805(1)(f). “[I]n cases involving egregious…

This opinion cites § 39.01 1 time, the section generally

…stand between the present moment and an “imminent” event. The First and Fourth Districts have defined an “imminent” risk of child abuse under section 39.01, Florida Statutes, as a danger “about to occur” within a “narrow[] time frame.” E.H. v. Dep’t of Child. & Fams., 147 So. 3d 616, 620 (Fla. 4th DCA 2014);…

Reversed & remanded This opinion cites § 39.01 1 time: (87)Cited as § 39.01(84) (2021 statutes), now § 39.01(87)

Termination reversed because neither threat-irrespective-of-services nor case plan noncompliance was supported; the mother had largely complied and her shortfalls stemmed from poverty and shifting visitation.

…significantly remedied to the extent that the well-being and safety of the child will not be endangered upon . . . being returned to the child’s parent.” § 39.01(84), Fla. Stat. (2021). This ground comes with a caveat. “[T]he failure to comply with a case plan may not be used as a ground for termination of parental…

Affirmed in part, reversed in part This opinion cites § 39.01 1 time: (37)(i)Cited as § 39.01(35)(i) (2019 statutes), now § 39.01(37)(i)

Dependency affirmed for the youngest child, present and hurt during domestic violence, but reversed for the older siblings lacking evidence of awareness or prospective harm.

…in violent behavior that demonstrated a wanton disregard for the presence of J.W. that could have reasonably resulted in serious injury to the child. See § 39.01(35)(i), Fla. Stat. (2019). We reverse the trial court’s order finding J.W.’s two older sisters dependent. There was no competent evidence that these…

Affirmed This opinion cites § 39.01 1 time: (87)Cited as § 39.01(84) (2021 statutes), now § 39.01(87)

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

…not substantially complied with the case plan and that termination of G.C.’s parental rights is the least restrictive means to protect K.C. from harm. See § 39.01(84) Fla. Stat. (2021)(“‘Substantial compliance’ means that the circumstances which caused the creation of the case plan have been significantly remedied to the…

Reversed & remanded This opinion cites § 39.01 1 time: (15)(f)

Dependency adjudication as to the father was reversed because the evidence did not show substantial risk of imminent neglect or abuse, even by failure to protect.

… 2 Case number 2D21-592. 2 findings. The circuit court's ruling turned on prospective neglect or abuse under section 39.01(15)(f), Florida Statutes (2020). Although there is competent substantial evidence in the record to support that the Child was at a "substantial risk of…

Affirmed This opinion cites § 39.01 1 time: (15)(f)

Dependency adjudication as to the mother was affirmed because competent substantial evidence showed substantial risk of imminent neglect or abuse under her care.

… 2 Case number 2D21-592. 2 findings. The circuit court's ruling turned on prospective neglect or abuse under section 39.01(15)(f), Florida Statutes (2020). Although there is competent substantial evidence in the record to support that the Child was at a "substantial risk of…

Reversed & remanded This opinion cites § 39.01 1 time: (87)Cited as § 39.01(84) (2020 statutes), now § 39.01(87)

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

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(84), Fla. Stat. Recognizing “that most families desire to be competent caregivers and providers for their children and that children achieve their…

Reversed & remanded This opinion cites § 39.01 1 time: (87)Cited as § 39.01(84) (2020 statutes), now § 39.01(87)

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.

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(84), Fla. Stat. Recognizing “that most families desire to be competent caregivers and providers for their children and that children achieve their…

Reversed & remanded This opinion cites § 39.01 1 time: (1)

Dismissal of the termination petition was reversed because the court misapplied the directed-verdict standard, wrongly applied least restrictive means, and ignored grounds and single-parent termination.

…parental rights to D.I. and I.L. and named three grounds as to each: 1. The mother and father abandoned the children, as stated in sections 39.806(1)(b) and 39.01(1), Florida Statutes; 2. The mother and father engaged in conduct towards the children that demonstrated that continuing the parent-child relationship threatens…

This opinion cites § 39.01 1 time, the section generally

…Section 95.11(7) provides: FOR INTENTIONAL TORTS BASED ON ABUSE.— An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after the age of…

Affirmed This opinion cites § 39.01 1 time: (1)

Termination affirmed; the father's token visits, no support, and minimal case plan engagement over twenty months supported the findings.

…inconsistent visitation demonstrated a marginal effort that was incidental or token, as described by the statutory definition for abandonment. See § 39.01(1), Fla. Stat. (2019). Additionally, the court found Appellant did not make a “significant contribution to the child’s care and maintenance,” nor did he…

Affirmed This opinion cites § 39.01 1 time: (1)

· cited by 1 in all courts

Termination affirmed on abandonment by the incarcerated father, who barely contacted the child; the serious-bodily-injury ground was struck for lack of evidence.

…contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both.” § 39.01(1), Fla. Stat. (2018). Conduct leading to 1 The trial court’s factual findings reflect that the father earned $50 a month, in accordance with the father’s…

Affirmed This opinion cites § 39.01 1 time: (53)Cited as § 39.01(50) (2018 statutes), now § 39.01(53)

· 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.

…that the standard for “abuse” differs from “neglect,” as domestic violence in the home constitutes child abuse only if the child is present); see also § 39.01(50), Fla. Stat. (2018) (defining “neglect,” in relevant part, to occur “when a child is . . . permitted to live in an environment when such . . . environment…

Affirmed in part, reversed in part This opinion cites § 39.01 1 time: (50)Cited as § 39.01(47) (2018 statutes), now § 39.01(50)

Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

…of type I diabetes, a chronic and potentially life-threatening medical condition if not kept under tight control. *187 As pertinent here, section 39.01(47), Florida Statutes (2018), defines "medical neglect" as: the failure to provide or the failure to allow needed care as recommended by a health care…

Affirmed This opinion cites § 39.01 1 time: (81)Cited as § 39.01(78) (2018 statutes), now § 39.01(81)

· cited by 5 in all courts

Termination affirmed; completing parenting classes and finding housing was not substantial compliance because the mother never completed required mental health treatment.

…to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.” § 39.01(78), Fla. Stat. (2018). “Conversely, the lack of substantial compliance means that the circumstances which gave rise to creation of the case plan have not been…

Affirmed in part, reversed in part This opinion cites § 39.01 1 time: (50)Cited as § 39.01(47) (2018 statutes), now § 39.01(50)

Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

…of type I diabetes, a chronic and potentially life-threatening medical condition if not kept under tight control. As pertinent here, section 39.01(47), Florida Statutes (2018), defines “medical neglect” as: the failure to provide or the failure to allow needed care as recommended by a health…

This opinion cites § 39.01 1 time: (57)Cited as § 39.01(47) (2015 statutes), now § 39.01(57)

· cited by 31 in all courts

…See, e.g., In Re B.R.C.M., 182 So. 3d 749, 752 (Fla. 3d DCA 2015), quashed on other grounds, 215 So. 3d 1219 (Fla. 2017) (interpreting “includes” in section 39.01(47), Florida Statutes (2015), expansively); Childers v. State, 936 So. 2d 585, 597 (Fla. 1st DCA 2006) (interpreting “includes” in section 1.01(3), Florida…

This opinion cites § 39.01 1 time, the section generally

· cited by 2 in all courts

…of “delinquency,” “dependency,” or “child in need of services” based on the statutory definitions in effect at the time of the alleged offense. See § 39.01 Fla.Stat. - 27 - Give as applicable. § 984.03(9), Fla. Stat. If the allegation involves habitual…

Reversed This opinion cites § 39.01 1 time: (2)

Adjudication of dependency reversed on DCF's concession of no competent evidence of abuse, even though only the father appealed.

…that no competent, substantial evidence supports the trial court’s finding that Appellant and A.D.’s mother subjected A.D. to abuse as defined by section '39.01(2), Florida Statutes (2015). We agree and reverse the order adjudicating A.D. dependent. 1 REVERSED. SAWAYA, BERGER, and WALLIS, JJ., concur. . We note…

Reversed This opinion cites § 39.01 1 time: (2)

Adjudication of dependency reversed on DCF's concession of no competent evidence of abuse, even though only the father appealed.

…that no competent, substantial evidence supports the trial court's finding that Appellant and A.D.'s mother subjected A.D. to abuse as defined by section 39.01(2), Florida Statutes (2015). We agree and reverse the order adjudicating A.D. dependent.1 REVERSED. SAWAYA, BERGER, and WALLIS, JJ., concur. …

Reversed & remanded This opinion cites § 39.01 1 time: (81)Cited as § 39.01(70) (2015 statutes), now § 39.01(81)

· cited by 5 in all courts

Order relinquishing jurisdiction after placing the child with an out-of-state father vacated because it evaded the ICPC and denied the mother required dependency procedures.

…parent under the prior Domestic Relations order. By definition, shelter custody is temporary, “pending court disposition before' or after adjudication.” § 39.01(70), Fla. Stat. (2015). In this pre-dispositional posture, the Child’s living status was one of placement. *307 In such circumstances,-the parent’s situation…

Reversed & remanded This opinion cites § 39.01 1 time: (37)(g)2.Cited as § 39.01(32)(g)2. (2011 statutes), now § 39.01(37)(g)2.

· cited by 1 in all courts

On confession of error, dependency adjudication reversed; no evidence the child was aware of or harmed by domestic violence or the mother's substance use.

…abusive, and chronic use of a controlled substance or alcohol by a parent when the child is demonstrably adversely affected by such usage.’” (quoting § 39.01(32)(g)2., Fla. Stat. (2011))). Therefore, we reverse the trial court’s order adjudicating the Child dependent, and remand for proceedings consistent with this…

This opinion cites § 39.01 1 time, the section generally

· cited by 2 in all courts

…of section 95.11(7), which provides: FOR INTENTIONAL TORTS BASED ON ABUSE. — An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after the age of majority, or…

Reversed & remanded This opinion cites § 39.01 1 time, the section generally

· cited by 1 in all courts

Termination reversed because the trial court retroactively applied the 2014 amendment removing the nexus requirement for egregious conduct toward a sibling; remanded for reconsideration.

…or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01, or chronic abuse."), the court found it unnecessary to render any determination on that ground because section 39.806(1)(f) already justified termination…

This opinion cites § 39.01 1 time: (59)Cited as § 39.01(49) (2014 statutes), now § 39.01(59)

· cited by 7 in all courts

…different from cases involving nonparents seeking to establish legal rights to a child" (citing Beagle v. Beagle, 678 So. 2d 1271 (Fla. 1996))); see also § 39.01(49), Fla. Stat. (2014) (defining a parent as "a woman who gives birth to a child and a man whose consent to the adoption of the child would be required"). Thus,…

This opinion cites § 39.01 1 time: (37)(e)Cited as § 39.01(30)(e) (2014 statutes), now § 39.01(37)(e)

· cited by 3 in all courts

…and GROSS, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. § 39.01(30)(e), Fla. Stat. As can be seen, the definition of “abandon” in Chapter 39 is very similar to the definition in Chapter 63. …

Affirmed This opinion cites § 39.01 1 time: (15)(g)

Dependency adjudication affirmed, but remanded to conform the written order to the oral ruling that no parent could stop the child's sexual exploitation.

…trial court’s adjudication of dependency as orally pronounced at the September 30, 2013, hearing, finding the child dependent as to A.M. pursuant to section 39.01(15)(g), Florida Statutes (2013). As noted by the parties, however, the order does not comport with the oral pronouncement. The pertinent written finding is limited…

This opinion cites § 39.01 1 time, the section generally

· cited by 2 in all courts

…and the legal counsel shall not be the same person. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad…

This opinion cites § 39.01 1 time: (59)Cited as § 39.01(49) (2008 statutes), now § 39.01(59)

· cited by 37 in all courts

…2333 ; cf. art. I, § 27, Fla. Const, (defining marriage in Florida as “the legal union of *356 only one man and one woman”). 10 For example, section 39.01(49), Florida Statutes, defines “[pjarent” as “a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s.…

This opinion cites § 39.01 1 time: (59)Cited as § 39.01(49) (2012 statutes), now § 39.01(59)

· cited by 3 in all courts

…on September 15, 2008. Bradberry v. Slowinski, Case No.2008 DR 001829 (4th Jud. Cir. Clay Cnty.). John Slowinski, the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1., Florida Statutes, executed his consent and that consent was attached to the petition. § 751.03(8)-(9), Fla. Stat. On…

Affirmed This opinion cites § 39.01 1 time: (52)Cited as § 39.01(43) (2011 statutes), now § 39.01(52)

Dependency adjudication affirmed because the parents missed many appointments for a medically fragile child, endangering her health.

…is necessary within a reasonable degree of medical certainty to prevent the deterioration of a child’s condition or to alleviate immediate pain of a child.” § 39.01(43), Fla. Stat. (2011). The testimony reflected that the parents’ failure to follow up on the child’s medical appointments endangered the child’s health and…

Affirmed in part, reversed in part This opinion cites § 39.01 1 time: (87)Cited as § 39.01(73) (2011 statutes), now § 39.01(87)

· cited by 3 in all courts

Evidence supported dependency, but the order was reversed for new findings because it parroted the petition; oral findings cannot cure a defective written order.

…compliance” with the case plan will turn on whether “the circumstances which caused the creation of the case plan have been significantly remedied.” § 39.01(73); cf. N.F. v. Dep’t of Children & Family Servs., 82 *979 So.3d 1188, 1192-93 (Fla. 2d DCA 2012) (reversing termination of parental rights, in part…

Certiorari / writ granted This opinion cites § 39.01 1 time: (65)Cited as § 39.01(55) (2011 statutes), now § 39.01(65)

· cited by 7 in all courts

Certiorari granted because the court reopened a closed permanent guardianship on the mother's motion without an evidentiary hearing or the findings the statute requires.

…of a “permanent guardianship of a dependent child,” unless and until a valid basis for changing the child’s placement is established in the record. See § 39.01(55), Fla. Stat. (2011) (stating that a “permanent guardianship of a dependent child ... is intended to be permanent and self-sustaining”); § 39.6221(5), Fla.…