Dependency Law Finder

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

   Certiorari / writ granted This opinion cites § 39.402 25 times: (1), (1)(a), (12), (2), (3), (5), (5)(a), (8), (8)(a), (8)(c)3., (8)(h), (8)(h)3., (8)(h)8., and the section generallyCited as § 39.402(8)(h)6. (2011 statutes), now § 39.402(8)(h)8.

   · 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.

   …order entitled "Sua Sponte Dependency Shelter Order." The order contained the written findings required to place a child in shelter care pursuant to section 39.402(8)(h), Florida Statutes (2011). Among other findings, the judge found that "[t]he child has been abused, neglected, or abandoned, or is suffering from or is in…

2. L.M.B. v. Department of Children & Families 28 So. 3d 217 · 4D09-3088 · 4th DCA 2010

   Certiorari / writ denied This opinion cites § 39.402 10 times: (2), (5)(b), (8), (8)(a), (8)(c)3., (8)(d), (8)(h), (8)(h)2., and the section generally

   · cited by 4 in all courts

   Petition denied as moot because the mother later consented to dependency, though the court held parents may present evidence at shelter hearings.

   …for a writ of certiorari seeking to quash the trial court’s shelter order which sheltered her three-year-old child in the father’s home. See § 39.402, Fla. Stat. (2009). Before entering the order, the trial court conducted a shelter hearing pursuant to section 39.402(8) but refused to permit the mother to…

3. Department of Children & Families v. D.H.C. 5D23-0896 · 5th DCA 2023

   Reversed & remanded This opinion cites § 39.402 7 times: (1)(a), (8)(a), (8)(d)1., and the section generally

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

   …Thus, the trial court’s denial of the Department’s shelter petition regarding S.H. is reviewed de novo. See In re B.F., 283 So. 3d at 993. Section 39.402(1)(a), Florida Statutes (2022), provides for the placement of S.H. in shelter care prior to a hearing if “there is probable cause to believe that . . . [t]he…

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

   Certiorari / writ granted This opinion cites § 39.402 6 times: (1)(a), (8)(d)1., (8)(h)3., and the section generally

   · cited by 2 in all courts

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

   …a miscarriage of justice.' " Id. at 888 (quoting K.G. v. Dep’t of Children & Families, 66 So. 3d 366, 368 (Fla. 1st DCA 2011)). Under section 39.402(1)(a), Florida Statutes (2015), the trial court may shelter a child if probable cause exists to believe that the child has been abused, neglected, abandoned, or…

5. In re J.P. 875 So. 2d 715 · 2D03-5878 · 2nd DCA 2004

   Reversed This opinion cites § 39.402 6 times: (1)(a), (5)(b)1., and the section generally

   · cited by 6 in all courts

   Shelter order reversed because the court refused to let the parents be heard or present evidence, relying only on the sheriff's affidavit.

   …danger is gone, bring that right back and take care of it. They have the discretion to dismiss. They do it often. Counsel for E.P. again stated that section 39.402, Florida Statutes (2003), required an opportunity to present evidence and for the parents to be heard, and the circuit court judge responded: The parents…

6. In Interest of Unknown P. 546 So. 2d 21 · 3D89-927 · 3rd DCA 1989

   This opinion cites § 39.402 6 times, a subsectionAlso cites § 39.402(9), 39.402(11)(a), 39.402(11)(b)2. under the 1987 statutes, too old to match to today's subsections.

   · cited by 7 in all courts

   …a stipulated continuance of this matter to March 14, 1989, and a stipulation, inter alia, to the extension of the "twenty-one day" rule found in Section 39.402(9), Florida Statutes (1987), which rule provides that "[n]o child shall be held in a shelter under an order so directing for more than twenty-one days unless an…

7. Guardian ad Litem Program v. L.W. 5D2024-3420 · 5th DCA 2025

   Reversed This opinion cites § 39.402 5 times: (1)(a), 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.

   …been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment.” See § 39.402(1)(a), Fla. Stat. (2024); see also D.H.C., 360 So. 3d at 456 (quoting § 39.402(1)(a)). Pertinent here, the statute defines “abuse” to include: [T]he birth…

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

   This opinion cites § 39.402 5 times: (14), (14)(b), (14)(b)2.Cited as § 39.402(10)(b) (1997 statutes), now § 39.402(14)(b)

   · cited by 5 in all courts

   …trial on the dependency petition. The judge set trial for July 31, 1998. On July 23, the Department filed an emergency motion for continuance under section 39.402(10)(b)2, Florida Statutes (1997), on the ground that it needed "additional time to prepare the case ... because of an exceptional circumstance." The Department…

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

   This opinion cites § 39.402 5 times: (1)(a), (8)(h), and the section generallyCited as § 39.402(7)(b) (1997 statutes), now § 39.402(8)(h)

   · cited by 7 in all courts

   …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…

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

    This opinion cites § 39.402 5 times, a subsectionAlso cites § 39.402(9)(a), 39.402(10), 39.402(11) under the 1987 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …or custodian must be given notice and a detention hearing must be held within 48 hours to determine whether the child is to remain in a shelter. Fla.Stat. § 39.402(9)(a) and 10. At the detention hearing, the court is to determine whether continued shelter care is authorized for up to an additional 21 days prior to an…

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

    Other This opinion cites § 39.402 4 times: (8)(c), and the section generally

    · cited by 26 in all courts

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

    …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 hearing); 39.521 (disposition); 39.621 (permanency);…

12. P.U. v. Department of Children & Families 24 So. 3d 706 · 4D09-4858 · 4th DCA 2009

    Certiorari / writ granted This opinion cites § 39.402 4 times: (1)(a), (8)(d)

    · cited by 1 in all courts

    Shelter order quashed because DCF showed no probable cause that the mother failed to protect the child from a neighbor's abuse or had unsuitable housing.

    …was insufficient to justify removing the mother’s child from her care and custody and placing the child in shelter care. *707 Section 39.402(l)(a), Florida Statutes (2009), permits the removal of a child and placement of the child in shelter care if there is probable cause to believe that the child has…

13. E.G. v. Department of Children & Family Services 975 So. 2d 1244 · 3D08-288 · 3rd DCA 2008

    Certiorari / writ granted This opinion cites § 39.402 4 times: (8)(a), and the section generally

    · cited by 1 in all courts

    Court had jurisdiction to shelter the children in an emergency, but the order was quashed because no shelter petition or hearing followed.

    …emergency action to place the children in a shelter, even though the pending petition did not request such relief. The court’s authority arises from section 39.402, Florida Statutes (2007). Under the statute, “A child may not be held in a shelter longer than 24 hours unless an order so directing is entered by the court…

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

    Affirmed This opinion cites § 39.402 3 times: (13), (14)(f), and the section generally

    · 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.

    …drugs. After D.J. was sheltered, the Department obtained repeated continuances of the dependency hearing. This occurred despite the provisions of sections 39.402(13) and 39.402(14)(f), Florida Statutes (2006), which provide that a child may not be held in shelter status under a shelter order for more than 60 days without…

15. M.L. v. Department of Children & Families 942 So. 2d 977 · 4D06-2136 · 4th DCA 2006

    Reversed This opinion cites § 39.402 3 times: (1)(a), (2), and the section generally

    Shelter order reversed: no probable cause showed the older child, safely living with the grandmother, was endangered by the mother's drug use.

    …that the mother could not remove C.G. from the grandmother's home without a court order. The trial court agreed and granted DCF's shelter petition. Section 39.402, Florida Statutes, states (1) . . . [A] child taken into custody shall not be placed in a shelter prior to a court hearing unless there is probable cause to…

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

    Reversed & remanded This opinion cites § 39.402 3 times: (5)(b), (8)(c), (8)(h)

    · 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.

    …statute and the rules of juvenile procedure. The relevant statute gives parents the right to appear and "present evidence" at a shelter hearing. See § 39.402(5)(b)1, Fla. Stat. (2005) ("The parents or legal custodians shall be given written notice that: 1. They will be given an opportunity to be heard and to present…

17. R.M. v. Department of Children & Families 877 So. 2d 797 · 5D04-130 · 5th DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.402 3 times: (11)

    · cited by 2 in all courts

    Temporary child support may be ordered after shelter before adjudication, but the father was entitled to notice and a hearing on the amount; remanded.

    …necessary prerequisite to entry of a child support order at least in an action brought pursuant to Chapter 409, Florida Statutes. More importantly, section 39.402(11), Florida Statutes, provides: If a child is placed in a shelter pursuant to a court order following a shelter hearing, the court shall require in the shelter…

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

    Other This opinion cites § 39.402 3 times: (1), (13), (8)(a)

    · 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.

    …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 that it is…

19. Department of Children & Families v. S.M. 2D19-0459 · 2nd DCA 2019

    Reversed This opinion cites § 39.402 2 times: (1)(a), (8)(d)1.

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

    …ended." (citing S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974))). II. Merits Section 39.402(1)(a), Florida Statutes (2018), provides for the placement of a child in shelter care prior to a court hearing, unless ordered by the court under chapter 39, if…

20. Department of Children & Families v. P.I. 219 So. 3d 266 · 3D17-914 · 3rd DCA 2017

    Certiorari / writ granted This opinion cites § 39.402 2 times: (9)(a), and the section generally

    · cited by 2 in all courts

    Order granting parents supervised visitation quashed because it was entered without a motion, notice to DCF, or proof of changed circumstances after a no-contact shelter order.

    …order was supported by the Child Protective Services affidavit attesting to the child’s injuries, as well as evidence provided by DCF’s investigation. Section 39.402(9)(a), Florida Statutes (2016) provides: At any shelter hearing, the department shall provide to the court a recommendation for scheduled contact between the…

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

    This opinion cites § 39.402 2 times: (1)(a)

    · cited by 3 in all courts

    …twins from the mother's custody, and a petition to shelter them based on allegations of abandonment, abuse, and neglect was filed in dependency court. See § 39.402(1)(a), Fla. Stat. (2006). The petition alleged that the twins' mother fired her live-in aid, was incapable of caring for the twins independently, and had multiple…

22. Department of Children & Families v. H.M.R. 161 So. 3d 477 · 5D14-963 · 5th DCA 2014

    Reversed & remanded This opinion cites § 39.402 2 times: (1)(a), (8)(d)1.

    · cited by 3 in all courts

    Denial of shelter for a newborn reversed; the mother's manslaughter conviction for a sibling's death established probable cause under the correct standard.

    …DCF argues that the trial court applied an incorrect standard in finding that there is no probable cause to shelter E.R. We agree and reverse. 1 Section 39.402(l)(a), Florida Statutes (2014), permits the removal and placement of a child in shelter care if there is probable cause to believe that the child has been “abused,…

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

    Certiorari / writ granted This opinion cites § 39.402 2 times: (1), (8)(d)

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

    …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 probable…

24. Department of Children & Families v. R.A. 980 So. 2d 578 · 3D08-721 · 3rd DCA 2008

    Certiorari / writ granted This opinion cites § 39.402 2 times: (7)

    · cited by 8 in all courts

    Order returning children to a mentally ill mother quashed because DCF got no notice or hearing and no competent evidence showed the danger had passed.

    …for the dependency proceeding in the first place, had been "remedied" as required by statute *580 safely to permit the children to be returned home. See § 39.402(7), Fla. Stat. (2007); [3] E.H. v. Dep't of Children & Family Servs., 979 So.2d 363 (Fla. 2d DCA 2008); Johnson v. Johnson, 979 So.2d 350 (Fla. 5th…

25. L.W. v. Department of Health & Rehabilitative Services 695 So. 2d 724 · DCA95-2932 · District Court of Appeal 1996

    This opinion cites § 39.402 2 times, a subsectionAlso cites § 39.402(9) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …and an amended motion for immediate return of custody. The motion for emergency hearing alleged numerous violations of the time constraints of sections 39.402 and 39.408, Florida Statutes, and further alleged the violations were apparent on the face of the record. Among other things, the amended motion for immediate…

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

    This opinion cites § 39.402 2 times, a subsectionAlso cites § 39.402(13), 39.402(14) under the 1985 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …by the department" found in other provisions of the statutory amendments was omitted from the amended version of section 39.11. See, e.g., sections 39.032(7), 39.402(13), 39.422(7), Florida Statutes (1986 Supp.). We are persuaded that this inconsistency was inadvertent, rather than intentional. We reiterate, however, that in…

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

    This opinion cites § 39.402 1 time: (8)(d)

    …§ 39.401(3)(b), Fla. Stat. To keep the child in shelter care, the Department must establish probable cause that reasonable grounds for removal exist. § 39.402(8)(d), Fla. Stat. Here, the dependency court found the requisite probable cause for the initial shelter and then continued the shelter of the minor for several…

28. Department of Children & Families v. Y.B. 6D2024-2242 · 6th DCA 2025

    Certiorari / writ granted This opinion cites § 39.402 1 time: (7)

    Writ of prohibition granted disqualifying the trial judge, who prejudged DCF's termination case, said she would not follow the statute, and defied the appellate stay.

    …to return N.S.B. to Y.B., prior to the TPR hearing and without home study evidence, was a departure from the essential requirements of law, citing section 39.402(7), Florida Statutes (2024) (“If the child’s safety and well-being are in danger, the child shall be removed from danger and continue to be removed until the…

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

    Affirmed This opinion cites § 39.402 1 time: (1)(a)

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

    … Proceedings and Evidence in Common By order entered in June 2018, all four children were taken into DCF custody (sheltered), as allowed by section 39.402(1)(a), 3 Florida Statutes (2018). At the time, J.F. was nine, F.S. was six, M.D. was two and a half, and M.D., Jr., was…

30. L.C. v. Department of Children & Families 3D19-1786 · 3rd DCA 2020

    Reversed & remanded This opinion cites § 39.402 1 time, the section generally

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

    …While unsubstantiated and conclusory allegations may have been sufficient to provide probable cause for the trial court to enter the Shelter Order, see § 39.402, Fla. Stat., they are not competent, substantial evidence of, and therefore, cannot rise to the level 7 of…

31. G.W. v. Department of Children & Families 92 So. 3d 307 · 3D12-1233 · 3rd DCA 2012

    Certiorari / writ granted This opinion cites § 39.402 1 time: (5)(b)

    · cited by 1 in all courts

    Shelter order quashed because the court did not advise the father of his right to counsel or appoint counsel before proceeding with the shelter hearing.

    …Additionally, he resides with the mother, who finally admitted after the children were removed, that [M.W.] has been living with her in Key Largo. Section 39.402(5)(b)2 of the Florida Statutes (2012) makes it clear that “if indigent, ... parents have the right to be represented by appointed counsel ... pursuant to the…

32. K.G. v. Department of Children & Families 66 So. 3d 366 · 1D11-2303 · 1st DCA 2011

    Certiorari / writ granted This opinion cites § 39.402 1 time: (8)(c)3.

    · cited by 10 in all courts

    Certiorari granted and the shelter order quashed because the court announced its decision and refused to let the mother be heard at the shelter hearing.

    …that a trial court has violated a parent’s right to be heard at a shelter hearing constitutes a departure from the essential requirements of the law. Section 39.402(8)(c)(3), Florida Statutes (2010), requires trial courts at shelter hearings to provide the parties with an opportunity to be heard and present evidence. This…

33. A.G. v. Department of Children & Families 65 So. 3d 1180 · 1D11-2298 · 1st DCA 2011

    Certiorari / writ granted This opinion cites § 39.402 1 time: (8)(c)2.

    · cited by 6 in all courts

    Certiorari granted and the shelter order quashed because the court never advised the father of his right to counsel or obtained a waiver before proceeding.

    …parents; (3) ascertain whether the right to counsel is understood; and (4) determine whether any waiver of counsel is knowing and intelligent • Section 39.402(8)(c)(2), Florida Statutes (2010) — requiring the trial court at a shelter hearing to “[i]nform the parents or legal custodians of their right to counsel to represent…

34. A.T.N. v. Department of Children & Family Services 70 So. 3d 634 · 1D11-0543 · 1st DCA 2011

    Reversed & remanded This opinion cites § 39.402 1 time, the section generally

    · cited by 4 in all courts

    Dependency adjudication reversed because a general magistrate cannot preside over an adjudicatory hearing and DCF presented only hearsay, no evidence of a stipulation violation.

    …hearing under section 39.507: “Notwithstanding the provisions of this rule, a general magistrate shall not preside over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507, Florida Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes.” …

35. LT v. Department of Children & Families 28 So. 3d 978 · 3D10-548 · 3rd DCA 2010

    This opinion cites § 39.402 1 time: (8)(b)

    …sponte order placing the minor child, R.O., in shelter care without proper notice to the petitioner mother, contrary to both the due process requirements of § 39.402(8)(b)(c) Fla. Stat. (2010) and a specific previous order which denied that relief, the order under review is quashed and the child is ordered returned to the mother’s…

36. In re C.S. 6 So. 3d 115 · 2D08-2661 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.402 1 time: (5)(b)2.

    Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.

    …2d DCA 2008) (discussing due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(1)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for parents who are…

37. M.D. v. Department of Children & Family Services 6 So. 3d 115 · 2D08-2661-2 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.402 1 time: (5)(b)2.

    · cited by 2 in all courts

    Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.

    …2d DCA 2008) (discussing • due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(l)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for parents who are…

38. Kirton v. Fields 997 So. 2d 349 · SC07-1739 · Florida Supreme Court 2008

    This opinion cites § 39.402 1 time: (8)(c)

    · cited by 41 in all courts

    …Med. Ctr., Inc. v. Petersen, 920 So.2d 75, 78 (Fla. 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.01115(4)(a) (termination of…

39. In re C.J. 987 So. 2d 828 · 2D07-5990 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.402 1 time: (5)(b)2.

    Termination reversed on concessions that abandonment and best interests were unproven; court voiced concern over lack of counsel advice, notice and a case plan.

    …of their right to counsel in dependency proceedings at each stage of the proceedings and to appoint counsel for parents who are unable to afford counsel); § 39.402(5)(b)(2) (requiring that parents or legal custodians be given written notice of their right to be represented by counsel at the shelter hearing and at subsequent…

40. J.C.-J. v. Department of Children & Family Services 987 So. 2d 828 · 2D07-5990-2 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.402 1 time: (5)(b)2.

    · cited by 3 in all courts

    Termination reversed on DCF and GAL concessions that abandonment and manifest best interests were unproven; the mother was also never offered a case plan.

    …of their right to counsel in dependency proceedings at each stage of the proceedings and to appoint counsel for parents who are unable to afford counsel); § 39.402(5)(b)(2) (requiring that parents or legal custodians be given written notice of their right to be represented by counsel at the shelter hearing and at subsequent…

41. M.B. v. Department of Children & Family Services 985 So. 2d 1178 · 3D08-1364 · 3rd DCA 2008

    Certiorari / writ granted This opinion cites § 39.402 1 time, the section generally

    · cited by 2 in all courts

    Shelter order quashed because brief homelessness from poverty, with no services offered, does not justify removing the child; child to be returned to the mother.

    …order removing the minor child, D.B., from the custody and care of his mother, the petitioner, and placing the minor child in a shelter, pursuant to section 39.402, Florida Statutes, entered by the Circuit Court on April 30, 2008. The respondent, the Department of Children and Family Services, filed a shelter petition…

42. In re K.M. 978 So. 2d 211 · 2D07-1609 · 2nd DCA 2008

    Dismissed This opinion cites § 39.402 1 time: (1)

    · 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.

    …39, usually in conjunction with "parent," see, e.g., §§ 39.01(1) (definition of "abandoned"), 39.201(1)(a) (requirement for reporting child abuse, etc.), 39.402(1) (criteria for placing a child in shelter), the term is not defined in chapter 39. It appears to cover wider ground than persons granted "legal custody." Cf. …

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

    Affirmed This opinion cites § 39.402 1 time: (14)(e)

    · 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.

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

44. O.M. v. Department of Children & Family Services 932 So. 2d 561 · 3D06-1366 · 3rd DCA 2006

    This opinion cites § 39.402 1 time: (5)(b)

    …the trial court conduct a hearing regarding the parents’ request for supervised visitation where the parents are given an opportunity to be heard. See § 39.402(5)(b)1, Fla. Stat. (2005). Petition granted, order quashed as to visitation with instructions.

45. Tmrmc v. Petersen 920 So. 2d 75 · 1D05-5272 · 1st DCA 2006

    This opinion cites § 39.402 1 time: (8)(c)

    · cited by 4 in all courts

    …or wrongful death. If the gross settlement equals or exceeds $25,000, the court must appoint a guardian ad litem to represent the minor. Id. Section 39.402(8)(c), Florida Statutes (2004), requires the court to appoint a guardian ad litem for a minor child at a shelter hearing unless the court deems the representation…

46. Department of Children & Families v. R.V. 917 So. 2d 334 · 5D05-642 · 5th DCA 2005

    Reversed & remanded This opinion cites § 39.402 1 time, the section generally

    · cited by 3 in all courts

    Dismissal of the dependency petition vacated: the unsworn motion was not timely served, the petition was sufficient, and denial of shelter does not control dependency.

    …were sufficient. Finally, an adverse ruling on a shelter petition does not govern the disposition of a motion to dismiss a dependency proceeding. See § 39.402, Fla. Stat. (2004). REVERSED and REMANDED. SAWAYA and TORPY, JJ., concur.

47. D.W. v. Department of Children & Families 882 So. 2d 491 · 5D04-128 · 5th DCA 2004

    Reversed & remanded This opinion cites § 39.402 1 time: (11)

    Temporary child support order entered after shelter without notice or hearing was reversed; remanded for a properly noticed hearing.

    …not permit an award of temporary child support prior to an adjudication of dependency. Instead, this court found that such an award was authorized by section 39.402(11), Florida Statutes, which provides that in its shelter hearing order the trial court “shall require” parents who are possessed of sufficient assets to pay…

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

    Reversed & remanded This opinion cites § 39.402 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.

    …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 probable cause…

49. S.C. v. Guardian ad Litem Program 845 So. 2d 953 · 4D02-3414 · 4th DCA 2003

    Certiorari / writ granted This opinion cites § 39.402 1 time, the section generally

    · cited by 3 in all courts

    Order quashed on certiorari: the guardian ad litem cannot obtain the child's privileged therapy records without giving the child notice and a hearing.

    …trial court's order allowing a guardian ad litem unrestricted access to the records of the minor/petitioner's treating therapist. [1] Pursuant to section 39.402, Florida Statutes, the Department of Children and Family Services ("the department") filed a shelter petition for Petitioner, alleging several reported acts…

50. Department of Children & Family Services v. L.G. 801 So. 2d 1047 · 1D01-1984 · 1st DCA 2001

    Certiorari / writ denied This opinion cites § 39.402 1 time, the section generally

    · cited by 12 in all courts

    Certiorari denied: ICPC Article III approval was not required for a mother with lawful custody to relocate her dependent child to Georgia.

    …and her mother, and have no further contact with the child, then two and a half years old. Thereafter, the Department filed a shelter petition under section 39.402, Florida Statutes (2000), alleging that, about a month later, the father had entered the former family home at 7:45 a.m., and stayed for approximately ten…

51. J.G. v. Department of Children & Family Services 792 So. 2d 711 · 3D01-898 · 3rd DCA 2001

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(9), which couldn't be matched to today's text.

    …any evidence that might rebut the conclusions or recommendations which the reports contained.” Kern v. Kern, 333 So.2d 17, 19 (Fla.1976). See sections 39.402(9), 39.504(2), Florida Statutes (2000). Vacated, remanded.

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(11) under the 1995 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …of temporary legal custody or protective supervision after a child has been adjudicated to be dependent. See § 39.044(9) & (10), Fla. Stat. (Supp.1996), §§ 39.402(11), 39.41(2)(a)9.a., Fla. Stat. (1995). Safety concerns are one factor that a court could take into consideration in deciding whether to enter a post-disposition…

53. K.C. ex rel. B.C. v. Department of Children & Family Services 764 So. 2d 4 · DCA98-2679 · District Court of Appeal 1998

    This opinion cites § 39.402 1 time: (7)Cited as § 39.402(6) (1997 statutes), now § 39.402(7)

    …children may safely be returned to their mother’s custody and, if so, under what conditions pending a final determination of the dependency petition. See § 39.402(6), Fla. Stat. (1997). STONE, C.J., and GROSS and TAYLOR, JJ., concur.

54. W.R. v. Department of Children & Family Services 701 So. 2d 651 · DCA96-3572 · District Court of Appeal 1997

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(7)(a) under the 1995 statutes, too old to match to today's subsections.

    …representing the best interests of the children in accordance with the applicable Florida Statutes and the Rules of Juvenile Procedure. See §§ 415.508, 39.402(7)(a) and 39.465(2) and Fla.R.Juv.P. 8.215(b). The trial judge characterized the absence of an active guardian as fundamental and an impediment to her ability to…

55. Grigley v. Department of Health & Rehabilitative Services 625 So. 2d 132 · DCA93-2680 · District Court of Appeal 1993

    This opinion cites § 39.402 1 time, the section generally

    …demonstrate to the court that it had made a reasonable effort to prevent or eliminate the need for removal of the child from her home, as required by section 39.402, Florida Statutes. This it must do by more than the mere pre-printed statement in the petition that it had made such efforts, particularly when the allegation…

56. Dept. of H v. Honeycutt 609 So. 2d 596 · SC78627 · Florida Supreme Court 1992

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(9) under the 1991 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …that B.A.H. was dependent and ordered her placed in shelter care. B.A.H. was placed in custody with HRS for the twenty-one-day period permitted by section 39.402(9), Florida Statutes (1991). On October 31, the conclusion of the hearing was postponed. On November 5, the eighteenth day of shelter care, the court held a…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(11) under the 1989 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …with an independent, trained advocate when intervention is necessary, as well as a skilled guardian or caretaker when alternative placement is necessary.); § 39.402(11), Fla. Stat. (1989) (Child shall not be held in a shelter on a dependency petition more than twenty-one days, excluding periods of delay resulting from a…

58. Patterson v. Department of Health & Rehabilitative Services 548 So. 2d 1200 · DCA89-2190 · District Court of Appeal 1989

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(8)(a) under the 1987 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …a hearing on September 14, 1989, is supported neither by findings nor evidence of the criteria required for the continuation of shelter care under section 39.402(8)(a), the order is reversed. Upon remand the trial court is directed forthwith to enter an order terminating shelter placement and returning custody of the child…

59. White v. Department of Health & Rehabilitative Services 483 So. 2d 861 · 5D85-625 · 5th DCA 1986

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(6)(a) under the 1983 statutes, too old to match to today's subsections.

    · cited by 16 in all courts

    …parents (or the child), who are without counsel, are called on to plead to the dependency petition at what is actually a detention hearing held under section 39.402(6)(a), Florida Statutes, and that if the facts alleged in the dependency petition are admitted, the adjudicatory hearing is treated as a mere formality and the…

60. Burk v. Department of Health & Rehabilitative Services 476 So. 2d 1275 · SC65790 · Florida Supreme Court 1985

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(7) under the 1983 statutes, too old to match to today's subsections.

    · cited by 21 in all courts

    …emergency shelter facilities. Also, a dependent child may not be held in a shelter more than fourteen days without an adjudication order by the trial court. § 39.402(7), Fla. Stat. (1983). The child in this case has been in the custody of HRS for over two years. She cannot have been in an emergency shelter all that time. She…

61. Department of Health & Rehabilitative Services v. In the Interest of R.S. 467 So. 2d 777 · DCAAZ-420 · District Court of Appeal 1985

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(7) under the 1984 statutes, too old to match to today's subsections.

    …and child. The court stressed that R.S. had been detained at the HRS emergency shelter from October 28, 1983, to November 22, 1983, pointing out that § 39.402(7), Florida Statutes, provides that no child may be held in shelter care for more than fourteen days unless an order of adjudication has been entered. The court…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(4) under the 1981 statutes, too old to match to today's subsections.

    …acts has important consequences for a child. It is impermissible to detain a runaway child in a cell with a child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly,…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(4) under the 1981 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …acts has important consequences for a child. It is impermissible to detain a runaway child in a cell with a child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.-41(l)(c). Undoubtedly,…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(4) under the 1979 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …and other phases of living there. All of this assumes that she is a dependent and that she could not have any contact with a delinquent [as under Section 39.402(4), prior Florida Statute]. HRS has a shelter facility for dependent girls, but it has no locks on the doors and windows. The staff is instructed not to…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(4) under the 1978 statutes, too old to match to today's subsections.

    …acts has important consequences for a child. It is impermissible to detain a runaway child in a cell with a child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly,…

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

    This opinion cites § 39.402 1 time, a subsectionAlso cites § 39.402(4) under the 1978 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …acts has important consequences for a child. It is impermissible to detain a runaway child in a cell with a child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.41(l)(c). Undoubtedly,…

67. In re Amendments to the Florida Rules of Juvenile Procedure 22 So. 3d 9 · SC09-1266 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 39.402 8 times: (11), (8)(h), and the section generallyAlso cites § 39.402(11)(b), which couldn't be matched to today's text.

    …8.305 (Shelter Hearing, Petition, and Order) and existing form 8.961 (Shelter Order). The proposals are in response to recent amendments to sections 39.0016 and 39.402, Florida Statutes, which went into effect July 1, 2009. See ch. 2009-35, §§ 1, 3, 8, Laws of Fla. (amending § 39.0016(3), Fla. Stat.; creating §§…

68. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-3 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 39.402 4 times: (8)(h), (9)

    …to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). 3. See ch. 2014-166, § 6, Laws…

69. In re Amendments to the Florida Rules of Juvenile Procedure 158 So. 3d 523 · SC15-150-5 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 39.402 4 times: (8)(h), (9)

    · cited by 4 in all courts

    …to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). 3. See ch. 2014-166, § 6, Laws…

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

    Rule amendment This opinion cites § 39.402 3 times: (18)(d), (8)(h)Cited as § 39.402(18) (2018 statutes), now § 39.402(18)(d)

    …did not publish the proposals before filing them with the Court. After considering the 2. See ch. 2019-142, §§ 5-6, 9-10, Laws of Fla. (amending §§ 39.402(8)(h), 39.407(3)(d)1., 39.407(6)(g)2., 39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(4), Fla. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10,…

71. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

    Rule amendment This opinion cites § 39.402 3 times, the section generally

    · cited by 3 in all courts

    …by the commenters to the proposed amendment to subdivision (h) of rule 8.257, which would prohibit magistrates from conducting shelter hearings under section 39.402, Florida Statutes (2005), and adjudicatory hearings under sections 39.507 or 39.809, Florida Statutes (2005), we nevertheless conclude the proposed amendments…

72. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 39.402 2 times: (11)(c)

    …of records that the court, at the shelter hearing, must request the parents to consent to provide access to. See ch. 2018-108, § 2, Laws of Fla. (amending 39.402(11)(c), Fla. Stat. (2017)). The amendment to subdivision (c)(9) of rule 8.340 (Disposition Hearings) requires the disposition order to include requirements to…

73. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites § 39.402 2 times: (8)(h)Cited as § 39.402(7)(b) (1997 statutes), now § 39.402(8)(h)Also cites § 39.402(8), which couldn't be matched to today's text.

    · cited by 1 in all courts

    …active participation of the parents or legal custodians in those subsequent proceedings and hearings. See ch. 98^103, § 58, Laws of Fla. (amending section 39.402(7)(b), Florida Statutes (1997), to appear as section 39.402(8)©). We find that the majority of the Committee’s proposed amendments are necessary to conform with…

74. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites § 39.402 1 time: (8)(c)1.

    …to require a court to appoint a guardian ad litem at the earliest possible time. Also, section 13 of chapter 2024-70, Laws of Florida, revised section 39.402(8)(c)1., Florida Statutes (2023), to delete the language “unless the court finds that such representation is unnecessary,” eliminating an exception for a court to…

75. In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023

    Rule amendment This opinion cites § 39.402 1 time, the section generally

    …8.979 (Summons for Advisory Hearing), and 8.982 (Notice of Action for Advisory Hearing). 1 The amendments reflect changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506, 39.521, and 39.801, Florida Statutes, made by chapter 2023-302, Laws of Florida, which went into effect on June 27, 2023. See…

76. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

    Rule amendment This opinion cites § 39.402 1 time, the section generally

    …Presiding over Certain Hearings. Notwithstanding the provisions of this rule, a general magistrate shallmust not preside over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507, Florida Statutes, or an adjudicatory hearing under section 39.507, Florida Statutes, or an…

77. In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 39.402 1 time: (8)(c)

    …8, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch. 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of Fla. (amending §§ 39.013(2), 39.402(8)(c), 39.507(7)(b), 39.521(1)(a), 39.522(2), (3), 39.6035(4), 39.801(3)(a), Fla. Stat.; effective July 1, 2017). -2- of…

78. In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 39.402 1 time: (8)(c)

    …Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch, 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of,Fla. (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801(3)(a), Fla. .Stat.; effective July 1, 2017). . All comments must be filed with the Court…

79. In re Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion SC15-150-4 · Florida Supreme Court 2016

    Rule amendment This opinion cites § 39.402 1 time, the section generally

    …to implement recent legislation. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). Because the amendments were not published before they were…

80. In re Amendments to the Florida Rules of Juvenile Procedure SC15-150 · Florida Supreme Court 2016

    Rule amendment This opinion cites § 39.402 1 time, the section generally

    …to implement recent legislation. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). Because the amendments were not published before they were…

81. In re Amendments to the Florida Rules of Juvenile Procedure 191 So. 3d 257 · SC15-150-2 · Florida Supreme Court 2016

    Rule amendment This opinion cites § 39.402 1 time, the section generally

    …to implement recent legislation. See ch.2014-166, § 1, Laws of Fla. (amending § 39.701, Fla. Stat.); ' ch.2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. (creating § 39.01305, Fla. Stat.). Because the amendménts were not published before they were…

82. In re Amendments to Rules of Juv. Procedure 952 So. 2d 517 · SC05-1303 · Florida Supreme Court 2007

    Rule amendment This opinion cites § 39.402 1 time: (8)(c)1.

    …is required to "[a]ppoint a guardian ad litem to represent the best interest of the child, unless the court finds that such representation is unnecessary." § 39.402(8)(c)(1), Fla. Stat. (2006). [3] Accordingly, it would appear that in most cases, children in the custody and care of the department should already have…

83. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites § 39.402 1 time: (8)(h)

    · cited by 1 in all courts

    …we amend subdivision (c), Shelter Order, of rule 8.305 to clarify that findings need to be made only in an order granting shelter care, pursuant to section 39.402(8)(h), Florida Statutes (2004). In rule 8.315, Arraignments and Pre-hearing Conferences, the second sentence of subdivision (a) is amended to read “If an…

84. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 39.402 1 time: (5)(b)

    · cited by 3 in all courts

    …a parent’s due process rights. The seventy-two-hour time period corresponds to existing provisions in the juvenile statutes and rules, including section 39.402(5)(b)2, Florida Statutes (2001), shelter placement hearing; section 39.501(4), Florida Statutes (2001), hearing on petition for dependency; section 39.521(l)(a),…

85. Amendments to the Rules of Juvenile Procedure 796 So. 2d 468 · SC00-1699 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites § 39.402 1 time, the section generally

    Supreme Court adopted new juvenile rule on attorneys ad litem and amended the shelter, case plan and TPR service rules to account for them.

    …The statutory enactment provides that “it is the intent of the Legislature that children who are maintained in out-of-home care by court order under s. 39.402 [‘Placement in a Shelter’] receive competent legal representation.” § 39.4086(1). As especially pertinent here, the Legislature specifically requested that…

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1. Rule 65C-28.002 Family Time. Implements
2. Rule 65C-28.007 Voluntary Licensed Out-of-Home Care. Implements
3. Rule 65C-28.010 Minor Parents in the Custody of the Department. Implements
4. Rule 65C-29.013 Diligent Efforts to Locate. Implements
5. Rule 65C-30.002 Safety Planning and Case Transfer. Implements
6. Rule 65C-30.011 Placement Responsibilities of the Child Welfare Professional. Implements

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1. CFOP 55-7 Fee Assessment and Collection p. 4p. 26 (11)
2. CFOP 170-1 Florida Child Welfare Practice Model p. 60 (9)(a), (9)(b)p. 108
3. CFOP 170-13 Child Support in Child Welfare Cases p. 3 (11)(a)p. 12 (11)p. 14 (11)

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