Dependency Law Finder

1. Doe v. Kearney 329 F.3d 1286 · CA11-02-13874 · 11th Cir. 2003

   Affirmed This opinion cites § 39.401 27 times: (1)Also cites § 39.401(3), which couldn't be matched to today's text.

   · cited by 35 in all courts

   Eleventh Circuit held Florida's emergency child removal statute is constitutional and the warrantless removal was supported by probable cause of imminent danger, so the caseworker was immune.

   …of Appellants’ children without Appellants’ permission and without a court order. Appellants brought this action seeking a declaration that Fla. Stat. § 39.401(1), which purportedly authorized the removal of the children, is unconstitutional both facially and as applied to them. They also asserted a 42 U.S.C. § 1983…

2. S.M. v. R.M. 82 So. 3d 163 · 4D11-3632 · 4th DCA 2012

   Certiorari / writ granted This opinion cites § 39.401 7 times, the section generally

   · cited by 1 in all courts

   Certiorari granted because the family court judge entered a sua sponte shelter order giving custody to the father without letting the mother be heard.

   …of the order on appeal, our colleague in partial dissent concludes that the order on appeal is an order to take the child into custody pursuant to section 39.401, Florida Statutes (2011), and not an order to place the child in a shelter pursuant to section 39.402, Florida Statutes (2011). According to our colleague,…

3. In Interest of A.B. 444 So. 2d 981 · 1DAQ-331 · 1st DCA 1983

   This opinion cites § 39.401 4 times, a subsectionAlso cites § 39.401(1)(b), 39.401(1)(c), 39.401(1)(d), 39.401(1)(e) under the 1981 statutes, too old to match to today's subsections.

   · cited by 20 in all courts

   …reference to volition: "abuse" is a "willful" act having a specified detrimental result. § 39.01(2). The other manifestations of momentary dependency, § 39.401(1)(b), (c), (d) and (e), presumably are of less consequence in long term "temporary" committals.

4. Crawford v. State 1D2024-2173 · 1st DCA 2026

   This opinion cites § 39.401 3 times: (1)(b)1., (3)(b), and the section generally

   …Center with the minor and drove away with her—even though Department representatives told him that the agency was sheltering her in accordance with section 39.401, Florida Statutes. ∗ A deputy sheriff performed a traffic stop, and when Appellant refused to relinquish custody of the minor, arrested him. During the stop,…

5. In re BB 820 So. 2d 409 · 3D02-1667 · 3rd DCA 2002

   Certiorari / writ granted This opinion cites § 39.401 3 times: (1)(a), and the section generally

   · cited by 5 in all courts

   Certiorari granted and shelter order barring all contact between mother and child quashed because the recycled and minor allegations could not show abuse.

   …of this hearing, the juvenile court found that there was probable cause to believe that the minor daughter was a "dependent child" pursuant to section 39.401(1)(a)(1), Fla. Stat. (1999). [3] The court below then issued a no-contact order barring the mother from any contact whatsoever with the minor child and scheduled a…

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

   This opinion cites § 39.401 3 times: (1)(b), and the section generally

   · cited by 7 in all courts

   …provisions found in Chapter 409. Under Chapter 39, a child may be placed in foster care only if he or she has been "abused, neglected, or abandoned." See §§ 39.401-39.402, Fla. Stat. (1997). Homelessness, derived solely from a custodian's financial inability, does not constitute abuse, neglect, or abandonment unless the…

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

   Other This opinion cites § 39.401 2 times: (5)

   · cited by 26 in all courts

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

   …permanency hearings, advisory hearings, pretrial hearings, and finally all the way through the termination of parental rights adjudicatory hearings. See §§ 39.401(5) (shelter review hearing if placed with nonrelatives); 39.402 (shelter and shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory…

8. D.J.D. v. State 143 So. 3d 1115 · 4D12-1242 · 4th DCA 2014

   This opinion cites § 39.401 2 times: (1), (1)(b)1.

   · cited by 5 in all courts

   …woman], an adult. See § 794.011(8), Fla. Stat. (2011) (sexual battery of a child between the ages of 12 and 18 and noting that consent is not a defense); § 39.401(1)-(2), Fla. Stat. (2011) (Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department. – A child may…

9. B.M. v. Department of Children & Families 842 So. 2d 936 · 1D02-0880 · 1st DCA 2003

   Affirmed This opinion cites § 39.401 2 times: (1)(b)2., and the section generally

   · 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.

   …regard is reinforced by numerous references in the statutes to the terms “parent or legal custodian” in the specific context of dependency proceedings. See § 39.401(1)(b)(2) & (3), Fla. Stat. (2000). Additionally, section 39.01(14), Florida Statutes (2000), defines a “child who has been found to be dependent” as one who has been…

10. DEPARTMENT OF CHILDREN AND FAMILIES and TAYLOR N. HATCH in Her Official Capacity as Secretary of Children and Families v. M. v. and STATE OF FLORIDA 6D2026-1004 · 6th DCA 2026

    Certiorari / writ granted This opinion cites § 39.401 1 time: (1)(a)

    Delinquency court lacked authority to order DCF, a non-party never served, to take custody of a released child absent a Chapter 39 proceeding; orders quashed.

    …628, 634 (Fla. 1st DCA 1974)). DCF is statutorily authorized to take custody of children in certain, narrowly proscribed circumstances. See, e.g., § 39.401(1)(a)-(b), Fla. Stat. (2026) (“A child may only be taken into custody . . . [p]ursuant to the provisions of this part, based upon sworn testimony, either before…

11. State v. M.A. 215 So. 3d 1276 · 1D16-5873 · 1st DCA 2017

    Reversed & remanded This opinion cites § 39.401 1 time, the section generally

    Dismissal of the dependency case, effectively placing children with an out-of-state father, reversed because ICPC approval and a home study had not been obtained.

    … Upon the Department’s dependency shelter petition, the circuit court entered its shelter order for four children on August 11, 2015. See § 39.401, Fla. Stat.; Fla. R. Juv. P. 8.655. The proceedings were based on an incident of domestic violence in the home where the children lived with their mother…

12. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

    Affirmed This opinion cites § 39.401 1 time, the section generally

    · cited by 37 in all courts

    Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

    …from the -8- initial child protective services investigation (section 39.301), the shelter hearing (section 39.401), the adjudication of dependency (section 39.501), the case plan (section 39.6011), and finally the permanency determination (section 39.621) and the…

13. Department of Children & Families v. P.F. 107 So. 3d 1123 · 5D12-4296 · 5th DCA 2012

    Certiorari / writ granted This opinion cites § 39.401 1 time: (1)

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

    …define probable cause. The trial court suggests it only means “probable cause” found after an evidentiary hearing, but chapter 39 suggests otherwise. See §§ 39.401(1), § 39.402(1), 39.402(8)(d), Fla. Stat. (2011). The Florida Rules of Juvenile Procedure state that, in the context of a shel *1129 ter hearing, “the issue of…

14. J.B. v. Department of Children & Families 936 So. 2d 665 · 5D06-631 · 5th DCA 2006

    Reversed & remanded This opinion cites § 39.401 1 time, the section generally

    · cited by 1 in all courts

    Shelter order reversed and remanded, following a companion case, because parents are entitled to present evidence on probable cause at the shelter hearing.

    …GRIFFIN, J., concurring and concurring specially. The issue presented is exactly what parents are entitled to do at the shelter hearing mandated by section 39.401, Florida Statutes (2005). In this and several other such proceedings, including L.M.C. v. Department of Children & Families, 935 So.2d 47 (Fla. 5th DCA…

15. B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006

    Reversed & remanded This opinion cites § 39.401 1 time: (4)

    · cited by 3 in all courts

    Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.

    …takes custody of a child, it is required to obtain the names of " all parents and prospective parents ... so far as [they] are known." See §§ 39.301(15) & 39.401(4), Fla. Stat. (emphasis added). If the identity of a parent is unknown when a dependency petition is filed, the court is required to make its own inquiry to…

16. A.M.T. v. State 883 So. 2d 302 · 1D03-2830 · 1st DCA 2004

    Reversed & remanded This opinion cites § 39.401 1 time: (1)

    · 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.

    …not safely remain in the home. Appellant was again allowed only supervised visitation. By entering these shelter orders, the trial court erred. Sections 39.401(1) and 39.402(1), Florida Statutes, require that, before a court may order a child taken into custody or sheltered, it must receive sworn testimony to establish…

17. Johnson v. Sackett 793 So. 2d 20 · 2D99-2514 · 2nd DCA 2001

    This opinion cites § 39.401 1 time, the section generally

    …had authorized. After discussing the matter with the Department's counsel, Ms. Sackett decided to place the two older children in protective custody. See § 39.401(c), Fla. Stat. (1987). Ms. Johnson had custody of the children when Ms. Sackett located them. Ms. Sackett arranged for the police to assist in the change of…

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

    Other This opinion cites § 39.401 1 time, a subsectionAlso cites § 39.401(3), which couldn't be matched to today's text.

    · 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.

    …shelter. If the Department removes the child from the home, the petition *102 must be filed within 24 hours after the child is taken into custody. See §§ 39.401(3), 39.402(8)(a), Fla. Stat. (Supp. 1998). The dependency court may place a child who is "taken into custody" in a shelter if the court makes a factual finding…

19. J.B. v. Department of Children & Family Services 734 So. 2d 498 · 1D98-1310 · 1st DCA 1999

    This opinion cites § 39.401 1 time, the section generally

    · cited by 6 in all courts

    … Department of Law Enforcement v. Real Property, 588 So.2d 957, 960 (Fla.1991). The Department was not acting in response to an emergency. Cf. § 39.401, Fla. Stat. (1997). The father did not have custody of the children at the time. They were in foster care. The Department's interest in proceeding so abruptly…

20. Lenz v. Winburn 51 F.3d 1540 · CA11-93-3340 · 11th Cir. 1995

    Affirmed This opinion cites § 39.401 1 time, a subsectionAlso cites § 39.401(1)(c) under the 1994 statutes, too old to match to today's subsections.

    · cited by 110 in all courts

    Grandparents sued a caseworker and guardian ad litem over entering their home to collect a removed child's belongings; summary judgment for defendants affirmed.

    …statutes permit HRS to take children into protective custody if an HRS investigator determines it necessary to protect the child. See Fla.Stat.Ann. § 39.401(1)(c) (West 1988); id. § 415.505(f)(3) (West 1993) (current version at id. § 415.505(e)(3) (West Supp.1995)). Furthermore, HRS policy is to allow the child to…

21. Dept. of Hlt. v. Zeigler 587 So. 2d 602 · 5D90-1351 · 5th DCA 1991

    This opinion cites § 39.401 1 time, the section generally

    · cited by 1 in all courts

    …care, HRS, upon the denial of its petition for permanent termination of parental rights, is free to immediately take the child into custody under section 39.401, Florida Statutes, and to institute proceedings to have the child declared dependent or "in need of services" and its custody temporarily committed to HRS for…

22. Department of Health & Rehabilitative Services v. Zeigler 587 So. 2d 602 · DCA90-1351 · District Court of Appeal 1991

    This opinion cites § 39.401 1 time, the section generally

    · cited by 3 in all courts

    …care, HRS, upon the denial of its petition for permanent termination of parental rights, is free to immediately take the child into custody under section 39.401, Florida Statutes, and to institute proceedings to have the child declared dependent or “in need of services” and its custody temporarily committed to HRS for…

23. Department of Health & Rehabilitative Services v. Yamuni 529 So. 2d 258 · SC69602 · Florida Supreme Court 1988

    This opinion cites § 39.401 1 time, the section generally

    · cited by 60 in all courts

    …HRS was not awarded actual or constructive custody of the child; (3) there was no judicial determination that the child was a dependent child under section 39.401, Florida Statutes (1985); and (4) there was never a performance agreement entered into as permitted by section 409.168, Florida Statutes (1985), upon a…

24. Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988

    This opinion cites § 39.401 1 time, a subsectionAlso cites § 39.401(1)(b) under the 1987 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …is suffering from illness or injury, or is in immediate danger from his surroundings and that his removal is necessary to protect the child.” Fla.Stat. § 39.401(l)(b). Under those circumstances, a detention petition must be filed, the parents or custodian must be given notice and a detention hearing must be held within 48…

25. In Interest of K.A.B. 483 So. 2d 898 · 5D85-712 · 5th DCA 1986

    This opinion cites § 39.401 1 time, a subsectionAlso cites § 39.401(1) under the 1985 statutes, too old to match to today's subsections.

    · cited by 20 in all courts

    …can initiate delinquency proceedings (§ 39.05(1), Fla. Stat.) but this is not so in dependency cases which can be instituted by any knowledgeable person (§ 39.401(1), Fla. Stat.). The State has no right of appeal in delinquency cases. See E.N. v. State, 484 So.2d 676 (Fla. 1986); D.A.E. v. State, 478 So.2d 815 …

26. S.A.F. v. State 483 So. 2d 110 · DCA85-808 · District Court of Appeal 1986

    This opinion cites § 39.401 1 time, the section generally

    · cited by 2 in all courts

    …delinquent child. However, the state *111 argues that the detectives were justified in taking appellant into custody as a dependent child pursuant to section 39.401, Florida Statutes (1985). Under subsection (l)(b) of that statute, a child may be taken into custody by a law enforcement officer who has reasonable grounds…

27. In re Amendments to Rules of Juvenile Proc. 915 So. 2d 592 · SC05-1303-2 · Florida Supreme Court 2005

    Rule amendment This opinion cites § 39.401 1 time, the section generally

    · cited by 1 in all courts

    …best interest to do so. (c) Emergency Situations. (1) Shelter Care. When a child is initially removed from the home and taken into custody under section 39.401, Florida Statutes, and the department continues to administer a current prescription of psychotropic medication to the child, the department shall request…

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1. Rule 65C-28.001 Definitions. Implements
2. Rule 65C-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers. Implements
3. Rule 65C-30.001 Definitions. Implements(38)cites (3)
4. Rule 65C-30.009 Least Intrusive Interventions. Implements
5. Rule 65C-30.011 Placement Responsibilities of the Child Welfare Professional. Implements
6. Rule 65C-30.015 New Reports Received, Removal and Placement of Children. Implements

No admin code rule cites this provision.

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1. CFOP 170-1 Florida Child Welfare Practice Model p. 92 (2)(a)p. 108 (3)
2. CFOP 170-7 Develop and Manage Safety Plans p. 8p. 9

No CFOP cites this provision.

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