Dependency Law Finder

1. In Interest of J.A. 561 So. 2d 356 · 3D89-1739 · 3rd DCA 1990

   This opinion cites § 39.45 4 times, the section generally

   · cited by 12 in all courts

   …care. Ch. 87-289 § 9, Laws of Fla. In so doing, the legislature placed a high priority on finding a permanent, stable placement for such children. Section 39.45, Florida Statutes (1989) provides: (1) The Legislature finds that 7 out of 10 children placed in foster care do not return to their biological families…

2. Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · 1D95-355 · 1st DCA 1995

   This opinion cites § 39.45 2 times, the section generally

   · cited by 3 in all courts

   …court denied the Does' motion to allow contact with the adoptive child, the Does filed a motion to require HRS to comply with the requirements of section 39.45(2), on November 12, 1993. In that motion, the Does argued that section 39.45(2) requires HRS to make "every reasonable attempt" to place *698 Bonnie in the…

3. Department of Health & Rehabilitative Services v. Doe 659 So. 2d 697 · DCA95-355 · District Court of Appeal 1995

   This opinion cites § 39.45 2 times, the section generally

   · cited by 6 in all courts

   …court denied the Does’ motion to allow contact with the adoptive child, the Does filed a motion to require HRS to comply with the requirements of section 39.45(2), on November 12, 1993. In that motion, the Does argued that section 39.45(2) requires HRS to make “every reasonable attempt” to place *698 Bonnie in the same…

4. Department of Health & Rehabilitative Services v. Doe 643 So. 2d 1100 · DCA94-503 · District Court of Appeal 1994

   This opinion cites § 39.45 2 times, the section generally

   · cited by 4 in all courts

   …B.M. had been living for nearly six months, filed a petition to adopt B.M. The Does then filed a motion in the trial court to have HRS comply "with section 39.45(2), Florida Statutes (1993), which,- according to the Does, required HRS to make “every reasonable attempt” to place B.M. in the same home as her half-sibling.…

5. In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990

   This opinion cites § 39.45 2 times, the section generally

   · cited by 37 in all courts

   …(Supp. 1986), quoted in the en banc decision, supra, at page 669, had been repealed at the time of the final hearing in December 1987 and replaced by section 39.45(2). Ch. 87-289, § 9, Laws of Fla. The amendments made by chapter 87-289 became effective October 1, 1987. Ch. 87-289, § 12, Laws of Florida. It is fundamental…

6. Department of Children & Families v. A.L. 723 So. 2d 342 · 3D97-1839 · 3rd DCA 1998

   This opinion cites § 39.45 1 time, the section generally

   · cited by 4 in all courts

   …the Department to do something that the parents are obviously unwilling to do is illogical and contrary to the legislative intent spelled out in section 39.45(2), Florida Statutes: It is the intent of the Legislature that each child be assured the care, guidance, and control in a permanent home which will *344 …

7. M.F.G. v. Department of Children & Families 723 So. 2d 290 · 3D97-3539 · 3rd DCA 1998

   This opinion cites § 39.45 1 time, the section generally

   · cited by 22 in all courts

   …child's moral emotional, mental and physical welfare and that such home preferably be the child's own home, or if that is not possible, an adoptive home." § 39.45, Florida Statutes (1997). [2] "Neglect" is defined as occurring "when the parent ... deprives a child of, or allows a child to be deprived of, necessary…

8. Undereduc. Foster Children v. Senate 700 So. 2d 66 · 1D96-4549 · 1st DCA 1997

   This opinion cites § 39.45 1 time, the section generally

   …Classroom Teachers Ass'n, 680 So.2d 478, 481 (Fla. 1st DCA 1996). As to the first claim, Appellants do not contend that the time limitation of section 39.45(2), Florida Statutes, is a mandatory requirement, but rather concede that the provision is a statement of legislative intent. In the Interest of J.A., 561…

9. Undereducated Foster Children of Florida v. Senate 700 So. 2d 66 · DCA96-4549 · District Court of Appeal 1997

   This opinion cites § 39.45 1 time, the section generally

   · cited by 4 in all courts

   …Classroom Teachers Ass’n, 680 So.2d 478, 481 (Fla. 1st DCA 1996). As to the first claim, Appellants do not contend that the time limitation of section 39.45(2), Florida Statutes, is a mandatory requirement, but rather concede that the provision is a statement of legislative intent. In the Interest of J.A., 561…

10. L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997

    This opinion cites § 39.45 1 time, the section generally

    · cited by 4 in all courts

    …whereby we would extend juvenile jurisdiction to L.Y. by reading it in para materia with section 39.40(2), Florida Statutes. Nor do sections 39.41(2)(a)10 and 39.45, Florida Statutes, change our view. Section 39.01(10), Florida Statutes, defines children as individuals under the age of 18. See also Gore v. Chapman, …

11. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 39.45 1 time, the section generally

    …biological or adoptive family be achieved as soon as possible for every child in foster care and that no child remain in foster care for more than 1 year." § 39.45(2), Fla.Stat. Of course, the trial court must act in the child's best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat. But that general…

12. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 39.45 1 time, the section generally

    · cited by 35 in all courts

    …biological or adoptive family be achieved as soon as possible for every child in foster care and that no child remain in foster care for more than 1 year.” § 39.45(2), Fla.Stat. Of course, the trial court must act in the child’s best interests in adoption proceedings. See § 63.022(1), (2), Fla.Stat. But that general…

13. Henriquez v. Adoption Centre, Inc. 641 So. 2d 84 · 5D93-173 · 5th DCA 1994

    This opinion cites § 39.45 1 time, the section generally

    · cited by 3 in all courts

    …imperfect, permanent removal from the home will not necessarily improve his welfare. Santosky, 455 U.S. p. 765, n. 15, 102 S.Ct. p. 1401, n. 15. [11] § 39.45(2), Fla. Stat. [12] § 39.451(1), Fla. Stat. [13] The majority in Doe recognized that the best interest of the child was the overriding consideration: …

14. In re E.F. 639 So. 2d 639 · 2D93-00647 · 2nd DCA 1994

    This opinion cites § 39.45 1 time, the section generally

    · cited by 3 in all courts

    … Affirmed. DANAHY, A.C.J., and QUINCE, J., concur. NOTES [1] The legislature "intends" that "no child remain in foster care for more than 1 year." § 39.45(2), Fla. Stat. (1993). This case demonstrates the wide disparity that frequently exists between the announced legislative intent and the actual funded program. …

15. Coy v. Department of Health & Rehabilitative Services 623 So. 2d 792 · DCA92-3140 · District Court of Appeal 1993

    This opinion cites § 39.45 1 time, the section generally

    · cited by 2 in all courts

    … Although reunification of the family is preferred, permanent placement should be achieved as soon as possible when reunification is not possible. Section 39.45(2), Fla. Stat. (1991). It is unsettling to the children and the parents to be without goals the achievement of which will reinstate the fami *795 ly unit. On…

16. In Interest of C.G. 612 So. 2d 602 · 4D92-2246 · 4th DCA 1992

    This opinion cites § 39.45 1 time, the section generally

    · cited by 5 in all courts

    …a permanent family life, and, whenever possible, to maintain sibling groups. (emphasis added) And the legislature has provided further guidance in section 39.45, Florida Statutes (1991): When two or more children in foster care are siblings, every reasonable attempt shall be made to place them in the same foster…

17. In re S.H.P. 593 So. 2d 536 · DCA91-1269 · District Court of Appeal 1992

    This opinion cites § 39.45 1 time, the section generally

    · cited by 1 in all courts

    …hearing, the trial judge relied upon the legislative intent expressed in section 39.-45(2) in awarding permanent custody to the paternal grandparents. Section 39.45, which is found in Part V of chapter 39, governing children in foster care, provides in pertinent part: (1) The Legislature finds that 7 out of 10 children…

18. In Interest of R. 591 So. 2d 1130 · 4D90-3177 · 4th DCA 1992

    This opinion cites § 39.45 1 time, the section generally

    · cited by 11 in all courts

    …children with their biological parents whenever possible, it also has indicated that no child should remain in foster care for more than one year. Section 39.45, Fla. Stat. (1989). At the time of the adjudicatory hearing, there still was no indication that appellant could care for her children. How sad that we must…

19. J.R.R. v. Department of Health & Rehabilitative Services 580 So. 2d 304 · 1D90-3201 · 1st DCA 1991

    This opinion cites § 39.45 1 time, the section generally

    …already extended period of foster care. We note that it is the intent of Florida law that no child should remain in foster care longer than one year. Section 39.45(2), Florida Statutes (1989).

20. In the Interest of J.R.R. v. Department of Health & Rehabilitative Services 580 So. 2d 304 · DCA90-3201 · District Court of Appeal 1991

    This opinion cites § 39.45 1 time, the section generally

    · cited by 4 in all courts

    …already extended period of foster care. We note that it is the intent of Florida law that no child should remain in foster care longer than one year. Section 39.45(2), Florida Statutes (1989).

21. Murray v. Lewis 576 So. 2d 264 · SC76383 · Florida Supreme Court 1990

    This opinion cites § 39.45 1 time, the section generally

    · cited by 6 in all courts

    …Independence participants. Foster care is an entirely separate program from the Project Independence program and has its own goals and purposes. See §§ 39.45-.456, Fla. Stat. (1989). Thus, section 240.35(1)(a) cannot be read as a requirement that all welfare recipients must exhaust other financial aid sources…

22. Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990

    This opinion cites § 39.45 1 time, the section generally

    · cited by 5 in all courts

    …was based almost entirely on hearsay, and we have no way of knowing what portions were excluded and what were not excluded by the trial court. Section 39.45(2) sets forth the intent of the Legislature as follows: It is the intent of the Legislature that each child be assured the care, guidance and control in a…

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