Dependency Law Finder

1. B.C. v. Department of Children & Families 864 So. 2d 486 · 5D03-1680 · 5th DCA 2004

   Reversed & remanded This opinion cites § 39.501 6 times: (3)(b), and the section generallyCited as § 39.404 (2003 statutes), now § 39.501Also cites § 39.404(3)(c), which couldn't be matched to today's text.

   · 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.

   …DCA 1990); In the Interest of L.S., 592 So.2d 802 (Fla. 4th DCA 1992). The court further observed that, in addition, the 1994 amendments to section 39.404(3)(c) [1] state in part: "The petition need not contain allegations of acts or omissions by both parents." Id. The statute now in effect, section 39.501,…

2. R.J. v. Department of Children & Families 187 So. 3d 362 · 4D15-4026 · 4th DCA 2016

   Reversed & remanded This opinion cites § 39.501 3 times: (1), and the section generally

   · 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.

   …“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 that “an…

3. In Interest of S.S.J. 634 So. 2d 198 · 1D93-462 · 1st DCA 1994

   This opinion cites § 39.501 3 times, a subsectionCited as § 39.404 (1992 statutes), now § 39.501Also cites § 39.404(1) under the 1992 statutes, too old to match to today's subsections.

   …it would not consider involuntary birth control as an option, but indicated that it felt compelled to grant VOCAL'S motion to intervene pursuant to Section 39.404 and Section 39.461, Florida Statutes. We find that neither Section 39.404(1), Florida Statutes (Supp. 1992), nor Section 39.461(1), Florida Statutes (Supp.…

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

   This opinion cites § 39.501 3 times, a subsectionCited as § 39.404 (1987 statutes), now § 39.501Also cites § 39.404(3), 39.404(4) under the 1987 statutes, too old to match to today's subsections.

   · cited by 9 in all courts

   …or neglect, a local intake officer of HRS conducts an initial investigation, and may initiate a dependency proceeding in the circuit court. Fla.Stat. § 39.404. HRS may take the child involuntarily into custody if there are “reasonable grounds to believe that the child has been abandoned, abused or neglected, is…

5. T.H. v. Department of Children & Families 1D19-0894 · 1st DCA 2020

   Affirmed This opinion cites § 39.501 2 times: (2)

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

   …we note the purpose of a dependency adjudication “is the protection of the child and not the punishment of the person creating the condition of dependency.” § 39.501(2), Fla. Stat. (2018). A trial court may determine that a child is dependent if it finds, by a preponderance of the evidence presented at an adjudicatory…

6. In the Interest of: B.R.C.M., A Minor Child v. Department of Children & Families 215 So. 3d 1219 · SC16-179 · Florida Supreme Court 2017

   Reversed & remanded This opinion cites § 39.501 2 times: (1)

   · 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.

   …by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201(a)(2). 3. Each dependency petition shall “allege sufficient facts showing the child to be dependent…

7. O.I.C.L. v. Department of Children & Families 205 So. 3d 575 · SC15-1570 · Florida Supreme Court 2016

   Dismissed This opinion cites § 39.501 2 times: (1)

   · 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.

   …by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (emphasis added). See also Fla. R. Juv. P. 8.201(a)(2). It is only after a determination of dependency by the state court and a determination of…

8. In re B.R.C.M. 182 So. 3d 749 · 3D15-0962 · 3rd DCA 2015

   Affirmed This opinion cites § 39.501 2 times, the section generally

   · 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.

   …makes it a party to every private dependency 3 the dependency provisions of Chapter 39 of the Florida Statutes, §§ 39.501-39.510, Fla. Stat. (2015), is not to facilitate the pursuit of Special Juvenile Immigrant Status, but rather to provide services to children who are truly…

9. In re A.G. 40 So. 3d 908 · 3D10-1265 · 3rd DCA 2010

   Certiorari / writ granted This opinion cites § 39.501 2 times: (3)(c)

   · cited by 3 in all courts

   Certiorari granted because an indigent non-offending father is entitled to appointed counsel in a dependency case; conflict certified with the Fifth District.

   …is entitled to the statutorily mandated, court-appointed counsel contradicts the plain meaning of the statute. The analysis in C.L.R . relies on sections 39.501(3)(c) and .505, Florida Statutes, to conclude that only "offending parents" are afforded counsel. However, there is no basis in either subsection to support this…

10. C.L.R. v. Department of Children & Families 913 So. 2d 764 · 5D03-3323 · 5th DCA 2005

    Affirmed in part, reversed in part This opinion cites § 39.501 2 times: (3)(c)

    · cited by 3 in all courts

    Father remained a party entitled to notice and a hearing on reunification despite DCF's oral dismissal, but had no right to appointed counsel.

    …parents. It permits DCF to allege acts committed by only one parent as the basis of the petition and to obtain an adjudication as to only one parent. See § 39.501(3)(c), Fla. Stat. Parents who are not named in the petition are nonetheless considered "parties" to the action under Florida Rule of Juvenile Procedure 8.210(a),…

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

    This opinion cites § 39.501 2 times: (3)(a)Also cites § 39.404(1) under the 1987 statutes, too old to match to today's subsections.

    …Judicial Circuit of Fla. v. Parrotino, 628 So.2d 1097 (Fla.1993). [3] At the time Ms. Sackett filed the dependency action involving Zachary, section 39.404(1), Florida Statutes (1987), permitted a non-attorney agent of the Department to file the sworn petition, subject only to a review of legal sufficiency by the…

12. In re J.M. 560 So. 2d 343 · DCA90-0387 · District Court of Appeal 1990

    This opinion cites § 39.501 2 times, a subsectionAlso cites § 39.404(1) under the 1989 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …since HRS desired a dismissal. McCutcheon , however, is distinguishable from the present case because there, unlike here, HRS was the petitioner. Section 39.404(1), Florida Statutes (1989), controls here, giving appellants the right to file and pursue a petition for dependency independent of HRS. Appellants correctly…

13. Florida Bar 530 So. 2d 920 · SC72105 · Florida Supreme Court 1988

    This opinion cites § 39.501 2 times, a subsectionAlso cites § 39.404(1) under the 1987 statutes, too old to match to today's subsections.

    …rule to contain the concomitant statutory provision that this review shall not interfere with the right of any person to file dependency petitions. See § 39.404(1), Fla.Stat. (1987). We approve the rules committee’s request that all committee notes dated prior to 1984 found within the existing rules be deleted. These…

14. F.B. v. State 474 So. 2d 1221 · DCA85-280 · District Court of Appeal 1985

    This opinion cites § 39.501 2 times, the section generallyCited as § 39.404 (1984 statutes), now § 39.501

    · cited by 1 in all courts

    …had knowledge that a minor was subject to compulsory school attendance and was a habitual truant, filed a petition in the circuit court under section 39.404, Florida Statutes, to have that minor adjudicated dependent for being a habitual truant. Appellant, the alleged dependent child, appeals from a non-final…

15. In Interest of J.R.T. 427 So. 2d 251 · 5D81-1434 · 5th DCA 1983

    This opinion cites § 39.501 2 times, a subsectionCited as § 39.404 (1981 statutes), now § 39.501Also cites § 39.404(1) under the 1981 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …placement agency. Section 39.40, et seq., Florida Statutes (1981), governs child dependency proceedings, including termination of parental rights. Section 39.404 defines the petition for dependency and states that a petition for dependency shall be initiated by a state attorney, H.R.S., or "any other person who has…

16. M.K. v. Department of Children & Families 4D2023-1044 · 4th DCA 2023

    Affirmed This opinion cites § 39.501 1 time: (1)

    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.

    …parties. Both petitions for dependency and petitions for termination of parental rights may be filed by any person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.310(a)(1) (“A dependency petition may be filed as provided by law.”); Fla. R. Juv. P. 8.500(a)(2) (“A…

17. R.S. v. Department of Children & Families 3D20-0116 · 3rd DCA 2020

    Affirmed This opinion cites § 39.501 1 time: (2)

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

    …the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.” § 39.501(2), Fla. Stat. (2019). 2 (Fla. 3d DCA 2007) (recognizing sufficiency of evidence to support dependency ruling when…

18. L.C.R. v. Department of Children & Families 207 So. 3d 339 · 3D16-1647 · 3rd DCA 2016

    Affirmed This opinion cites § 39.501 1 time: (2)

    · cited by 1 in all courts

    Dependency adjudication affirmed as supported by competent substantial evidence; dependency is an opportunity to help the family, not a termination.

    …Children & Family Servs., 937 So. 2d 184, 186 (Fla. 3d DCA 2006). Here, the trial court applied the correct law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent substantial evidence to support the trial court’s finding of dependency. This is an extremely…

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

    Affirmed This opinion cites § 39.501 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.

    … -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 termination of parental rights (section 39.801). …

20. B.G. v. Department of Children & Families 189 So. 3d 305 · 4D15-3834 · 4th DCA 2016

    Reversed & remanded This opinion cites § 39.501 1 time, the section generally

    · 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.

    … 73 So.3d 327 (Fla. 1st DCA 2011). The dependency statutes provide for an arraignment followed by an adjudication followed by disposition hearings. §§ 39.501-521, Fla. Stat. (2015). These statutes ensure due process for parents and include numerous safeguards to protect dependent children. When the trial court…

21. Department of Children & Families v. S.A.E. 184 So. 3d 615 · 1D15-3624 · 1st DCA 2016

    Reversed This opinion cites § 39.501 1 time, the section generally

    · 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.

    …filing on behalf of the State is commonly referred to as a “private petition for dependency,” to distinguish such a case from one initiated by the DCF. See § 39.501 Fla. Stat. (petition to be filed by attorney for DCF or any other person with knowledge of the facts). 2 8 U.S.C.A. § 1101(a)(27)(J) provides in pertinent…

22. S.V. v. Department of Children & Families 178 So. 3d 421 · 3D15-0636-2 · 3rd DCA 2015

    Certiorari / writ denied This opinion cites § 39.501 1 time, the section generally

    · cited by 6 in all courts

    Certiorari denied: the trial court properly rejected the magistrate's reunification recommendation because the out-of-state father lacked capacity to meet the children's therapeutic needs.

    …the Department of Children and Families (DCF) filed a Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 of the Florida Statutes.2 DCF’s Petition for Dependency of the children suggests that the Father’s departure was abrupt and without concern for the…

23. S.V. v. Department of Children & Families 3D15-0636 · 3rd DCA 2015

    Certiorari / writ denied This opinion cites § 39.501 1 time, the section generally

    Certiorari denied: the trial court properly rejected the magistrate's reunification recommendation because the out-of-state father lacked capacity to meet the children's therapeutic needs.

    …the Department of Children and Families (DCF) filed a Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 of the Florida Statutes.2 DCF’s Petition for Dependency of the children suggests that the Father’s departure was abrupt and without concern for the…

24. In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015

    Reversed & remanded This opinion cites § 39.501 1 time: (3)(b)

    · 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.

    …its jurisdiction. The form and contents of a petition for adjudication of dependency are prescribed in Florida Rule of Juvenile Procedure 8.310. See § 39.501(3)(b), Fla. Stat. (2013) (requiring the form and contents of the petition to be set out by rule). In addition to specific requirements concerning the identities…

25. J.P. v. Department of Children & Family Services 135 So. 3d 541 · 2D13-4135 · 2nd DCA 2014

    Reversed This opinion cites § 39.501 1 time: (2)

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

    …and care for a child who has been neglected, abandoned, or abused.” R.F. v. Dep’t of Children & Families, 770 So.2d 1189, 1193 (Fla.2000). See § 39.501(2). Because the evidence was insufficient to prove by a preponderance of the evidence that the children were dependent, we reverse. Reversed. ALTENBERND and…

26. A.J. v. Department of Children & Families 111 So. 3d 980 · 5D12-4500 · 5th DCA 2013

    Affirmed This opinion cites § 39.501 1 time: (2)

    Dependency adjudication affirmed because the parents missed many appointments for a medically fragile child, endangering her health.

    …obstacles. The purpose of the finding of dependency is not to punish the parents, but rather to help them meet the needs of a very challenged little girl. § 39.501(2), Fla. Stat. (2011). AFFIRMED. LAWSON and EVANDER, JJ., concur. . The mother has not appealed the order under review. . The child suffered from a…

27. Department of Children & Families v. Y.C. 82 So. 3d 1139 · 3D11-1899 · 3rd DCA 2012

    Certiorari / writ granted This opinion cites § 39.501 1 time: (1)

    · 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.

    …person with knowledge *1142 of the facts alleged,” not excluding a parent, may file a petition for dependency. See § 39.501(1), Fla. Stat. (2010). Reliance on that language to support the order below, however, just makes no sense. See Sch. Bd. of Palm Beach Cnty. v. Survivors…

28. In re T.J. 59 So. 3d 1187 · 3D10-1111 · 3rd DCA 2011

    Reversed & remanded This opinion cites § 39.501 1 time: (1)

    · 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.

    …Law seeking to have seventeen year old T.J. declared dependent for the express purpose of permitting her to seek special immigration juvenile status. See § 39.501(1), Fla. Stat. (2010) ("All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the…

29. SM v. Department of Children & Families 33 So. 3d 837 · 4D10-838 · 4th DCA 2010

    This opinion cites § 39.501 1 time: (1)

    … This court hereby holds that the maternal grandmother in the present case is not a party, and thus, has no standing to bring the instant appeal. §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). E.g., In re K.M., 978 So.2d 211 (Fla. 2d DCA 2008). The grandmother’s reliance on In re M.V.B., …

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

    Affirmed This opinion cites § 39.501 1 time: (2)

    · 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.

    …to manage her health issues. Because the purpose of an adjudication of dependency is "the protection of the child and not the punishment of the [parent]," § 39.501(2), the trial court did not abuse its discretion by adjudicating D.J. dependent for her own protection until such time as the Mother could receive the training…

31. B.M. v. Department of Children & Families 981 So. 2d 1229 · 4D07-3681 · 4th DCA 2008

    Affirmed in part, reversed in part This opinion cites § 39.501 1 time: (2)

    · cited by 3 in all courts

    Placement with the father and ending supervision affirmed, but conditioning the mother's visits on a negative drug test reversed as an abuse of discretion.

    …2003). The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla. Stat. (2007). It is the public policy of this state that each minor child has "frequent and continuing contact with both parents." See §…

32. S.K. v. Department of Children & Families 959 So. 2d 1209 · 4D06-3830 · 4th DCA 2007

    Affirmed This opinion cites § 39.501 1 time: (2)

    · 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.

    …availability of mental health advocacy services. However, we find no provision that these services would be available for an incarcerated prisoner. Section 39.501(2) states that: "The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the…

33. Y.P. v. Department of Children & Family Services 939 So. 2d 1118 · 3D05-2099 · 3rd DCA 2006

    Affirmed This opinion cites § 39.501 1 time: (2)

    · 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.

    …seeks to guarantee each child in Florida a safe and supportive home environment and to preserve the family unit whenever possible. To this end, section 39.501(2), Florida Statutes (2005), provides that "[t]he purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child…

34. In re K.B. 937 So. 2d 709 · 2D05-4612 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.501 1 time: (2)

    · 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.

    …parent but to protect and care for a child who has been neglected, abandoned, or abused." In re M.F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) ("The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person…

35. Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006

    Affirmed This opinion cites § 39.501 1 time, the section generally

    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.

    …Florida Statutes (2005), and Florida Rule of Juvenile Procedure 8.210, which define “parent,” “participant,” and “party,” and the provisions of sections 39.501 and 39.502, Florida Statutes (2005). She also argues the record lacks sufficient proof of the custodian’s legal status. Morcroft’s jurisdictional challenge…

36. M.W. v. Department of Children & Family Services 881 So. 2d 734 · 3D03-2281 · 3rd DCA 2004

    Affirmed This opinion cites § 39.501 1 time: (2)

    · cited by 4 in all courts

    Dependency of three daughters affirmed: the father's sexual abuse of their stepsister, with no remorse or treatment, created a substantial risk of imminent abuse.

    …neglected, abandoned, or abused." M.F. v. Florida Department of Children and Families, 770 So.2d 1189, 1193 (Fla.2000) (citation omitted); see also § 39.501(2), Fla. Stat. (2002). In administering the child protection system, "The health and safety of the children served shall be of paramount concern." §…

37. S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003

    Affirmed This opinion cites § 39.501 1 time: (2)

    · cited by 32 in all courts

    Supreme Court held a parent in a dependency case without termination or criminal charges has no right to collaterally challenge appointed counsel's effectiveness.

    …aid the family in the reunification process. The primary goal in a dependency proceeding is to protect the child; it is not to punish the caregiver. See § 39.501(2), Fla. Stat. (2001) ("The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment…

38. A.B. v. Department of Children & Families 834 So. 2d 350 · 4D02-3740 · 4th DCA 2003

    Reversed This opinion cites § 39.501 1 time: (2)

    · cited by 3 in all courts

    No-contact order against the mother reversed because the court imposed it sua sponte as a sanction, with no evidence supervised visits would harm the child.

    …The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla. Stat. (2002). The trial court's imposition of a no-contact order fails the "test of reasonableness" associated with the review of discretionary, trial…

39. D. v. Department of Children & Family Services 820 So. 2d 980 · 4D01-1644 · 4th DCA 2002

    Affirmed This opinion cites § 39.501 1 time: (2)

    · 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.

    …(2001). The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla. Stat. The court's discretion is "very broad with respect to proceedings involving child welfare." D.H., 769 So.2d at 426. Considering that: (1)…

40. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553 · 4th DCA 2002

    Reversed This opinion cites § 39.501 1 time: (1)

    Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.

    …family members, just like the custody proceedings in Dade County. This is also a reason not to presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts alleged or information which the person believes to be true to file a petition for dependency. The proper venue…

41. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553-2 · 4th DCA 2002

    Reversed This opinion cites § 39.501 1 time: (1)

    · cited by 7 in all courts

    Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.

    …family members, just like the custody proceedings in Dade County. This is also a reason not to presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts alleged or information which the person believes to be true to file a petition for dependency. The proper venue…

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

    Certiorari / writ denied This opinion cites § 39.501 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 that, on the specified conditions, M.G. remain in her mother's custody. *1049 The Department subsequently filed a dependency petition under section 39.501, Florida Statutes (2000). Mother and father thereafter consenting, the circuit court entered an order adjudicating the child dependent. M.G. remained in her…

43. M.E.G. v. Department of Children & Families 805 So. 2d 40 · 5D00-2560 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.501 1 time: (1)

    Disposition order entered nearly five years after the hearing was vacated because it rested on stale facts; a new dependency hearing is required.

    …of abuse and neglect, and finding none, declined to proceed further. It was the maternal *41 grandparents who exercised their rights under sections 39.501(1) and 39.802(1), Florida Statutes, to file a petition and litigate the matter to a conclusion, not the Department. MOTION GRANTED. HARRIS and SAWAYA, JJ.,…

44. W.R. v. State 781 So. 2d 504 · 3D00-1432 · 3rd DCA 2001

    Affirmed This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(2), which couldn't be matched to today's text.

    Dependency adjudication affirmed in a short opinion citing cases on abuse of other children, supported findings, and the trial court's continuance discretion.

    …to be initiated for ‘the protection of the child and not the punishment of the person creating the condition of dependency.’ ”)(footnote omitted)(quoting § 39.404(2), Fla. Stat.); In re D.J.W., 764 So.2d 825, 826 (Fla. 2d DCA 2000)(court may not substitute its judgment for that of trial court in reviewing dependency…

45. In re M.F. 770 So. 2d 1189 · SC96883 · Florida Supreme Court 2000

    Affirmed This opinion cites § 39.501 1 time: (2)Cited as § 39.404(2) (1997 statutes), now § 39.501(2)

    · 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.

    …of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused. See § 39.404(2), Fla. Stat. (1997). The Act defines a dependent child as one who inter alia is at risk of imminent abuse or neglect: (11) "Child who is found to be…

46. Kazmierazak v. Query 736 So. 2d 106 · 4D98-2854 · 4th DCA 1999

    This opinion cites § 39.501 1 time: (1)Cited as § 39.404(1) (1997 statutes), now § 39.501(1)

    · cited by 16 in all courts

    … (Fla. 4th DCA 1992); MMMA v. Jonely, 677 So.2d 343, 346 (Fla. 5th DCA 1996). Chapter 39 allows a non-parent to file a petition for dependency. See § 39.404(1). Chapter 61 allows a grandparent, in certain situations, to obtain custody or visitation during a divorce proceeding. See § 61.13(2)(b)2.c., (7). Further,…

47. H.L. ex rel. A.W. v. Department of Children & Families 718 So. 2d 236 · DCA98-02173 · District Court of Appeal 1998

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1997 statutes), now § 39.501

    …son. On March 16, 1998, a Verified Petition for Dependency was filed by the maternal grandparents in the circuit court in Broward County pursuant to section 39.404, Florida Statutes (1997). This dependency petition is unusual because it was filed by the custodians of the child and alleges abandonment by the non-eustodial…

48. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(3) under the 1979 statutes, too old to match to today's subsections.

    …The chapter further directed that in any dependency proceeding the state attorney, or his designated representative, would represent the state. See § 39.404(3), Fla. Stat. (1979). As *6 such, the state action necessary to invoke due process protections was clearly present in D.B., although our supreme court did…

49. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(3) under the 1979 statutes, too old to match to today's subsections.

    · cited by 15 in all courts

    …The chapter further directed that in any dependency proceeding the state attorney, or his designated representative, would represent the state. See § 39.404(3), Fla. Stat. (1979). As *6 such, the state action necessary to invoke due process protections was clearly present in D.B., although our supreme court did…

50. Department of Health & Rehabilitative Services v. M.B. 701 So. 2d 1155 · SC88840 · Florida Supreme Court 1997

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(2) under the 1995 statutes, too old to match to today's subsections.

    · cited by 25 in all courts

    … Dependency proceedings are to be initiated for "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.404(2), Fla. Stat. (1995). Accordingly, we answer the second certified question in the affirmative. In summary, we answer both certified questions in the…

51. Department of HRS v. P.H. 659 So. 2d 1375 · 1D94-2200 · 1st DCA 1995

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(3)(c) under the 1993 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    … 570 So.2d 1078, 1079 (Fla. 1st DCA 1990); In the Interest of L.S., 592 So.2d 802 (Fla. 4th DCA 1992). In this vein, the 1994 amendments to section 39.404(3)(c) state in part: The petition need not contain allegations of acts or omissions by both parents. The effective date of the amendment was October 1, 1994,…

52. Clock v. Clock 649 So. 2d 312 · 3D93-2399 · 3rd DCA 1995

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1993 statutes), now § 39.501

    · cited by 11 in all courts

    …move back to Colorado with J.C. [1] Prior to Clock's planned relocation to Colorado, J.C.'s stepmother filed a petition for dependency pursuant to section 39.404, Florida Statutes (1993) seeking to have J.C. declared dependent. The petition alleged, among other things, that Clock had abandoned J.C. in Monroe County and…

53. Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1991 statutes), now § 39.501

    · cited by 24 in all courts

    …relating to child custody and commitment proceedings to both HRS and to the circuit courts. Hollis, 439 So.2d at 948 ; see, e.g., §§ 39.001, 39.40, 39.404, 39.41, 409.145, Fla. Stat. (1991); see generally In re J.S., 444 So.2d at 1150 . To determine whether the particular activity is an exclusive power…

54. In re A.P. 624 So. 2d 340 · DCA92-1490 · District Court of Appeal 1993

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(3) under the 1991 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …not a part of the record), at which appellant was not represented by counsel. The trial court ordered that the children continue in shelter care. Section 39.404(3), Florida Statutes (1991), provides that “[w]hen [a] child has been taken into custody, a petition alleging dependency shall be filed within 7 days of the date…

55. In Interest of L.S. 592 So. 2d 802 · 4D91-2359 · 4th DCA 1992

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1991 statutes), now § 39.501

    · cited by 2 in all courts

    …& Klein, P.A., West Palm Beach, for appellee — Jay Simon. STONE, Judge. We affirm a trial court order dismissing a dependency petition filed under section 39.404, Florida Statutes. The action was instituted by the child's mother. The child resided with his father under the terms of a divorce decree "domesticated" in…

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

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1989 statutes), now § 39.501

    · cited by 1 in all courts

    …other hand, if the custody of the child has not theretofore been the subject of a valid petition, proceeding, and adjudication of dependency ( see sections 39.404, 39.405, 39.408 and 39.409, Florida Statutes) merely because HRS has failed to prove a petition for permanent termination of parental rights does not permit a…

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

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1989 statutes), now § 39.501

    · cited by 3 in all courts

    …other hand, if the custody of the child has not theretofore been the subject of a valid petition, proceeding, and adjudication of dependency (see sections 39.404, 39.405, 39.408 and 39.-409, Florida Statutes) merely because HRS has failed to prove a petition for permanent termination of parental rights does not permit…

58. In re J.P. 586 So. 2d 485 · DCA91-228 · District Court of Appeal 1991

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1989 statutes), now § 39.501

    · cited by 2 in all courts

    …or abandonment.” As stated above, HRS specifically alleged that J.P.’s parents had abused him, in a pending petition for dependency filed pursuant to Section 39.404, Florida Statutes (1989), which appears in part III of chapter 39, pertaining to dependency cases. There is a statute, however, that authorizes the trial…

59. In re Interest of J.M. 579 So. 2d 820 · DCA90-3313 · District Court of Appeal 1991

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(1) under the 1989 statutes, too old to match to today's subsections.

    …provides that a dependency proceeding may be initiated “by the filing, by any person, of any of the documents listed.” (Emphasis supplied.) See also § 39.404(1), Fla.Stat. (1989), which provides, in part, that “any ... person who has knowledge of the facts alleged or is informed of them and believes that they are…

60. Department of Health & Rehabilitative Services v. Cole 574 So. 2d 160 · 5D90-596 · 5th DCA 1990

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(5) under the 1989 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …ad litem for the child) as the temporary custodian of the child and placed the child under the supervision of HRS. The juvenile court, pursuant to section 39.404(5), Florida Statutes, appointed the state attorney to represent the interests of the State of Florida and the minor child and the State of Florida filed an…

61. In Interest of C.B. 561 So. 2d 663 · 5D89-1474 · 5th DCA 1990

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(1) under the 1989 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …not the court, could initiate proceedings for the termination of parental rights. This position was rejected by this court citing the provisions of Section 39.404(1) which permit "any other persons with knowledge" to file such proceedings. That court did not pass on the constitutionality of that provision as we now do. …

62. Florida Bar 536 So. 2d 178 · SC72105-2 · Florida Supreme Court 1988

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(1) under the 1987 statutes, too old to match to today's subsections.

    …rule to contain the concomitant statutory provision that this review shall not interfere with the right of any person to file dependency petitions. See § 39.404(1), Fla.Stat. (1987). We approve the rules committee’s request that all committee notes dated prior to 1984 found within the existing rules be deleted. These…

63. McLean v. McLean 512 So. 2d 1155 · DCABS-88 · District Court of Appeal 1987

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(1) under the 1985 statutes, too old to match to today's subsections.

    …was not accomplished in a dependency proceeding as provided for in Chapter 39, Florida Statutes, and the Florida Rules of Juvenile Procedure. Section 39.404(1), Florida Statutes (1985), provides that “all proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by…

64. Jackson v. State 486 So. 2d 92 · DCA85-865 · District Court of Appeal 1986

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(1) under the 1985 statutes, too old to match to today's subsections.

    COWART, Judge. A child’s maternal aunt filed a petition under section 39.404(1), Florida Statutes, to have the child declared dependent and to be *93 given custody of it. The juvenile court found the child dependent but placed the child…

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

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1983 statutes), now § 39.501

    · cited by 16 in all courts

    …in "permanent commitment" cases is that the applicable statutes and rules make the procedure unclear as to any earlier "dependency" proceedings. Section 39.404, Florida Statutes, contemplates one petition for dependency. Section 39.403, Florida Statutes (1983), contemplates two stages in the proceeding: an…

66. In the Interest of B.E.C. v. State 481 So. 2d 962 · DCABE-197 · District Court of Appeal 1986

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1983 statutes), now § 39.501

    …1984, four separate petitions for dependency were filed alleging that the actions of the parents rendered appellants “dependent truants” as defined by Section 39.404, Florida Statutes (1983). The circuit court adjudicated appellants truant, finding that the parents of the children, who admittedly were not certified…

67. Julian v. Lee 473 So. 2d 736 · 5D85-329 · 5th DCA 1985

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1983 statutes), now § 39.501

    · cited by 4 in all courts

    …on which the petition is filed, section 39.05(7), Florida Statutes (1983), no comparable provision has been adopted for dependency proceedings. See section 39.404 and section 39.408, Florida Statutes (1983). Section 39.40 provides that all procedures, including hearings, in dependency cases shall be according to the …

68. In re M.S. 455 So. 2d 557 · DCA84-1545 · District Court of Appeal 1984

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1983 statutes), now § 39.501

    · cited by 2 in all courts

    … HURLEY and BARKETT, JJ., concur. GLICKSTEIN, J., concurs in part and dissents in part with opinion. . § 415.504, Fla.Stat. (1983). . § 39.404, Fla.Stat. (1983). . Although the parents' subsequent consent to the entry of a detention order precludes a challenge to the initial detention hearing…

69. Padgett v. Pettis 445 So. 2d 633 · 1DAS-197 · 1st DCA 1984

    This opinion cites § 39.501 1 time, a subsectionAlso cites § 39.404(3) under the 1981 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …1974); Van Meter v. Murphy, 287 So.2d 740 (Fla. 1st DCA 1973), the state must be made a party to any chapter 39 dependency petition that is contested. § 39.404(3), Fla. Stat. (1981). The state was not made a party in the instant case. Before grandparents may be awarded custody under chapter 39, it is essential that the…

70. State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1981 statutes), now § 39.501

    · cited by 16 in all courts

    …delegate power over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. See generally ss. 39.001, 39.40, 39.404, 39.41, 409.168, 409.145, Florida Statutes (1981). When such an overlap of powers occurs, the legitimate exercise of powers by one branch, in this case the…

71. State v. M.M. 407 So. 2d 987 · 4D81-1387 · 4th DCA 1981

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1981 statutes), now § 39.501

    …began when a visiting teacher for the School Board of Broward County filed in the Family Division of Broward County Circuit Court, pursuant to Section 39.404, Florida Statutes (1981), petitions representing that each of the minors was "a dependent child [within the purview of Section 39.01(9)(d)] for reason of ...…

72. State v. M.M. 407 So. 2d 987 · DCA81-1387 · District Court of Appeal 1981

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1981 statutes), now § 39.501

    · cited by 6 in all courts

    …began when a visiting teacher for the School Board of Broward County filed in the Family Division of Bro-ward County Circuit Court, pursuant to Section 39.404, Florida Statutes (1981), petitions representing that each of the minors was “a dependent child [within the purview of Section 39.01(9)(d)] for reason of . .…

73. In Interest of J.S. 404 So. 2d 1144 · 5D81-1022 · 5th DCA 1981

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1979 statutes), now § 39.501

    · cited by 16 in all courts

    …dependent. The child's mother moved to dismiss Hamel's petition on the ground that it was not an original petition for dependency as contemplated by section 39.404, Florida Statutes (1979), [3] and because Hamel had no standing as a "contestant" under Chapter 61 of the Florida Statutes. In its ruling, the trial court…

74. A.Z. v. State 383 So. 2d 934 · 5DOO-215/T1-114 · 5th DCA 1980

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1979 statutes), now § 39.501

    … CROSS, J., and BROWNLEE, JACKSON O., Associate Judge, concur. NOTES [1] For contested proceedings, the state must be represented by counsel. § 39.404, Fla. Stat. (1979). There may have been some confusion as to whether or not a "contested" proceeding was being held, but A.Z. and her mother clearly were…

75. Interest of A.Z. v. State 383 So. 2d 934 · DCAOO-215/T1-114 · District Court of Appeal 1980

    This opinion cites § 39.501 1 time, the section generallyCited as § 39.404 (1979 statutes), now § 39.501

    · cited by 18 in all courts

    … REVERSED. CROSS, J., and BROWNLEE, JACKSON 0., Associate Judge, concur. . For cohtested proceedings, the state must be represented by counsel. § 39.404, Fla.Stat. (1979). There may have been some confusion as to whether or not a “contested” proceeding was being held, but A. Z. and her mother clearly were…

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

    Rule amendment This opinion cites § 39.501 2 times: (3)(d)

    … 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 of Fla.; ch.…

77. 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 § 39.501 2 times: (3)(d)

    · cited by 4 in all courts

    … 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 of Fla.; ch.…

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

    Rule amendment This opinion cites § 39.501 1 time, the section generally

    …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 adopted,…

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

    Rule amendment This opinion cites § 39.501 1 time, the section generally

    …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 adopted,…

80. 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 § 39.501 1 time, the section generally

    …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 adopted,…

81. 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 § 39.501 1 time: (4)

    · cited by 3 in all courts

    …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), Florida Statutes (2001), disposition hearing; section 39.601(2), Florida…

No opinion cites this provision by number.

Show all cases

No admin code rule cites § 39.501.

Show all rules

1. CFOP 170-7 Develop and Manage Safety Plans p. 9

No CFOP cites this provision.

Show all CFOPs