Dependency Law Finder

1. C.J. v. Department of Children & Families 248 So. 3d 1184 · 4D18-0836 · 4th DCA 2018

   Affirmed This opinion cites § 39.502 8 times: (2), and the section generally

   · cited by 1 in all courts

   Default dependency adjudication affirmed; the mother's appearance at the shelter hearing obviated service of the petition, and she was warned about missing arraignment.

   …was never served with the petition. We disagree, as she appeared at a shelter hearing, and thus, service of process was not required pursuant to section 39.502(2), Florida Statutes (2018). As she was advised of the arraignment date in the order emanating from the shelter hearing, as well as the consequences of her…

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

   Affirmed This opinion cites § 39.502 8 times: (15), and the section generally

   · cited by 2 in all courts

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

   …We affirm all issues, commenting only on the contention that the trial judge erred by not informing B.M. of available services as required by section 39.502(15), Florida Statutes (2000). B.M. is the legal guardian of D.M. and N.M. As such she is not a party as defined in section 39.01(51), but a participant as…

3. N.L. v. Department of Children & Family Services 960 So. 2d 810 · 3D07-176 · 3rd DCA 2007

   Reversed & remanded This opinion cites § 39.502 7 times: (1), (2), (3), (4), (8), (9)

   · cited by 3 in all courts

   Dependency order reversed because the mother was never personally served or searched for, service on her lawyer was insufficient, and the default was improper.

   …of service of a dependency petition: personal service for a parent who can be located, and diligent search and inquiry for a parent who cannot be located. § 39.502(4)-(9), Fla. Stat. (2006). Personal service is accomplished by personal service of the summons and dependency petition on the respondent or respondents in the…

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

   Other This opinion cites § 39.502 4 times, 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.

   …health issues; and (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Id. at 658. The First District applied the Strickland standard to J.B.’s ineffective assistance of counsel claims and…

5. C.K. v. Department of Children & Family Services 88 So. 3d 975 · 2D12-633 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.502 4 times: (1), (4)

   · cited by 8 in all courts

   No-contact order reversed because the father got no notice or chance to be heard at the dependency drug court hearing that issued it.

   …whether a party was denied the opportunity to be heard for abuse of discretion. See Douglas v. Johnson, 65 So.3d 605, 607 (Fla. 2d DCA 2011). Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings receive notice. Similarly, Florida Rule of Juvenile Procedure 8.255(h),…

6. A.P. v. Department of Children & Families 957 So. 2d 686 · 5D06-1327 · 5th DCA 2007

   Certiorari / writ granted This opinion cites § 39.502 4 times: (1), (17), and the section generally

   · cited by 4 in all courts

   Certiorari granted and a new hearing ordered because the parents' lawyer received only hours of notice of the shelter-related hearing.

   …TO NOTIFY ME OF THE HEARING, although many people were aware of my whereabouts and unavailability." The trial court nevertheless denied the motion. Section 39.502, Florida Statutes (2006), requires notice in cases involving shelter hearings and hearings resulting from medical emergencies to be given in the manner "most…

7. S.H. v. Department of Children & Families 837 So. 2d 1117 · 4D02-2215 · 4th DCA 2003

   Reversed This opinion cites § 39.502 4 times: (2), (3), (5)

   · cited by 4 in all courts

   Default dependency disposition against the father reversed because substituted service at the mother's home, where he no longer lived, was invalid despite his actual knowledge.

   …to the considered ruling of the trial judge. However, to affirm it would be to rewrite Chapter 39 and the law regarding service of process. Section 39.502(3), Florida Statutes (2001), requires the clerk to "issue a summons" upon the filing of a dependency petition. Section 39.502(5) mandates that the summons "be…

8. C.B. v. Department of Children & Families 750 So. 2d 61 · 2D98-04297 · 2nd DCA 1999

   This opinion cites § 39.502 4 times, a subsectionAlso cites § 39.405(15), which couldn't be matched to today's text.

   · cited by 2 in all courts

   …the mother upon the father’s representations regarding her knowledge of the hearing. Oral notice is insufficient to satisfy the notice requirements of section 39.405(15), Florida Statutes (1997). In In the Interest of E.L., I.L., and K.L., 732 So.2d 37 (Fla. 2d DCA 1999), this court held that oral notice is insufficient…

9. A.R. v. Department of Children & Families 2D20-2477-2 · 2nd DCA 2022

   Reversed & remanded This opinion cites § 39.502 3 times: (17), (6)

   Order striking a biological sibling's filings and sibling-visitation motion was reversed because due process required notice and a hearing on whether her participation served the child's best interests.

   …and whether the statutorily created proceeding contains a recognizable basis for involvement. 2 See § 39.0132(3), Fla. Stat. (2020). 3 See § 39.502(17) (requiring reasonable notice of all proceedings and hearings under that chapter be provided to certain identified persons and "all other parties and…

10. A.R. v. Department of Children & Families 2D20-2477 · 2nd DCA 2021

    Reversed & remanded This opinion cites § 39.502 3 times: (17), (6)

    Order striking a sibling's filings seeking sibling visitation reversed because due process required notice and a hearing on whether her participation served the child's interests.

    …the legislatively crafted definitions that apply and whether the statutorily created proceeding contains a recognizable basis for involvement. Section 39.502(6), Florida Statutes (2020), creates a duty of notification. It places a duty of notification upon "the petitioner or moving party to notify all participants…

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

    Reversed & remanded This opinion cites § 39.502 3 times: (1), (10), and the section generally

    · 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.

    …by the Department or others on remand. In my view, the "diligent search" requirement has been met on the face of the existing record. [8] Section 39.502(10), Florida Statutes (2010), provides that "the failure to serve a party or give notice to a participant shall not affect the validity of an order of…

12. K.M. v. Department of Children & Families 201 So. 3d 1242 · 2D16-3197 · 2nd DCA 2016

    Reversed & remanded This opinion cites § 39.502 2 times: (1), (4)

    · cited by 1 in all courts

    Order terminating supervision and jurisdiction reversed on DCF's concession because the out-of-state father received no notice the motion would be heard.

    …the dependency proceedings. In C.K. v. Department of Children & Family Services, 88 So. 3d 975, 977 (Fla. 2d DCA 2012), this court observed that "[s]ection 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings receive notice. Similarly, Florida Rule of Juvenile…

13. In re D.G. 970 So. 2d 486 · 2D07-1969 · 2nd DCA 2007

    Certiorari / writ denied This opinion cites § 39.502 2 times: (1), (4)

    · cited by 4 in all courts

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

    … Unquestionably, N.L.E. received short notice of the hearing. Typically, a summons and notice of hearing provides at least seventy-two hours' notice. See § 39.502(4). Twenty-four hours' notice of an advisory hearing in a termination of parental rights case has been held insufficient notice as a matter of law. See J.B.…

14. F.G. v. Agency for Persons With Disabil. 940 So. 2d 1095 · SC06-240 · Florida Supreme Court 2006

    Reversed & remanded This opinion cites § 39.502 2 times: (11)

    · cited by 3 in all courts

    Supreme Court quashed the district court, holding a juvenile court may subpoena disability agency officers and records about a child's services for informational purposes.

    …. . . shall be issued by the clerk of the court, the court on its own motion, or any attorney of record for a party." (Emphasis added.) In addition, section 39.502(11), Florida Statutes (2005), provides that "[u]pon the application of a party or the petitioner, the clerk or deputy clerk shall issue, and the court on its own…

15. Nickerson v. Department of Children & Families 718 So. 2d 373 · 3D97-298 · 3rd DCA 1998

    This opinion cites § 39.502 2 times, a subsectionAlso cites § 39.405(15) under the 1995 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …This appeal followed. Nickerson argues that the trial court had no statutory authority to enter an adjudication of dependency. He argues that section 39.405(15), Florida Statutes (1995), does not provide for a "consent adjudication" in this case and that there is no provision for default judgments in dependency…

16. Department of Children & Families v. K.R. 4D2025-1194 · 4th DCA 2025

    Reversed & remanded This opinion cites § 39.502 1 time: (17)

    Paternity judgment reversed because DCF received no notice or meaningful opportunity to be heard before the court declared the putative father the legal father.

    …preadoptive parents, and all other parties and participants shall be given reasonable notice of all proceedings and hearings provided for under this part.” § 39.502(17), Fla. Stat. (2024) (emphasis added). Here, there was NO notice and NO meaningful opportunity to be heard on K.R.’s paternity petition. In fact, K.R. filed…

17. J.B. v. Department of Children & Families 1D13-4346 · 1st DCA 2014

    Affirmed This opinion cites § 39.502 1 time, the section generally

    Termination affirmed because counsel's ineffectiveness was not apparent on the record; the court applied Strickland and certified questions on the standard and procedure.

    … 10 (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are concerned the trial court chose to go forward with the adjudicatory hearing despite the repeated…

18. J.B. v. Department of Children & Families 158 So. 3d 653 · 1D13-4346-2 · 1st DCA 2014

    Affirmed This opinion cites § 39.502 1 time, the section generally

    · cited by 2 in all courts

    Termination affirmed because counsel's ineffectiveness was not apparent on the record; the court applied Strickland and certified questions on the standard and procedure.

    … 10 (10) failing to object to the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are concerned the trial court chose to go forward with the adjudicatory hearing despite the repeated…

19. McDaniel v. Rico 96 So. 3d 926 · 2D11-1742 · 2nd DCA 2012

    This opinion cites § 39.502 1 time: (5)

    · cited by 6 in all courts

    … 837 So.2d 1117, 1118 (Fla. 4th DCA 2003) (holding that actual knowledge of dependency proceeding does not waive requirement of proper service under section 39.502(5)); Panter v. Werbel-Roth Sec., Inc., 406 So.2d 1267, 1268 (Fla. 4th DCA 1981) (concluding that “actual knowledge of ... attempted service cannot be used…

20. L.T. ex rel. K.S.L. v. Department of Children & Families 48 So. 3d 928 · 5D10-2073 · 5th DCA 2010

    Reversed & remanded This opinion cites § 39.502 1 time, the section generally

    · cited by 4 in all courts

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

    …contends that the trial court’s order should be affirmed because L.T. failed to comply with notice and service of process requirements set forth in sections 39.502 and 39.503 of the Florida *931 Statutes (2009). However, DCF waived this issue for purposes of appellate review by failing to raise it below. …

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

    Affirmed This opinion cites § 39.502 1 time: (15)

    · 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.

    …The rule further authorizes the court to require a parent to undergo "evaluation, treatment, or counseling activities as authorized by law." Section 39.502(15) requires that a parent who is identified with a mental illness be advised of the availability of mental health advocacy services. However, we find no…

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

    Reversed & remanded This opinion cites § 39.502 1 time, the section generally

    · cited by 3 in all courts

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

    …proceeding. For example, section 39.013 requires both parents to be advised of their right to counsel at each stage of the dependency proceedings. Section 39.502 requires all parents to be notified of every proceeding or hearing involving the child. When DCF takes custody of a child, it is required to obtain the…

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

    Affirmed This opinion cites § 39.502 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 is…

24. 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 § 39.502 1 time, the section generally

    · 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.

    …dependency proceeding. See Fla. R. Juv. P. 8.225(c). The Florida Statutes similarly recognize the right of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless parental rights have been terminated, all parents must be notified of all proceedings or hearings involving the…

25. E.K. v. Department of Children & Family Services 874 So. 2d 720 · 2D03-5797 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.502 1 time: (7)

    · cited by 1 in all courts

    Reversed an order compelling paternity testing of a Pennsylvania man with no Florida ties; the court lacked personal jurisdiction to determine his paternity.

    …inquiry of the mother pursuant to section 39.503(1) regarding the father’s identity. E.K. received notice of the proceedings under section 39.503(3). Section 39.502(7) specifically provides that “service of the summons and service of pleadings ... on persons outside this state must be made pursuant to s. 61.509 [formerly §…

26. In re T.R.F. 741 So. 2d 1184 · 2D98-03128 · 2nd DCA 1999

    This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(8) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …with notice of the arraignment hearing, at which hearing she would have been notified of her right to counsel, was not harmless error." We note that section 39.405(8) provides, "It is not necessary to the validity of a proceeding ... that the parents ... be present if their identity or residence is unknown after a diligent…

27. K.A.B. v. Department of Children & Families 741 So. 2d 1184 · DCA98-03128 · District Court of Appeal 1999

    This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(8) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …with notice of the arraignment hearing, at which hearing she would have been notified of her right to counsel, was not harmless error.” We note that section 39.405(8) provides, “It is not necessary to the validity of a proceeding ... that the parents ... be present if their identity or residence is unknown after a…

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

    This opinion cites § 39.502 1 time, the section generallyCited as § 39.405 (1989 statutes), now § 39.502

    · cited by 1 in all courts

    …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 trial…

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

    This opinion cites § 39.502 1 time, the section generallyCited as § 39.405 (1989 statutes), now § 39.502

    · cited by 3 in all courts

    …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 trial…

30. Meredith v. Smith 515 So. 2d 1386 · DCA87-392 · District Court of Appeal 1987

    This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(7) under the 1985 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …such an allegation. In the absence of a petition alleging sufficient facts showing Denise to be dependent, the trial court lacked jurisdiction under section 39.405(7), Florida Statutes (1985), to make a determination of dependency. 3 Second, the proceedings below did not comply with the procedural mandates of Chapter 39,…

31. McCutcheon v. Trettis 501 So. 2d 710 · DCA86-2797 · District Court of Appeal 1987

    This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4)(a) under the 1985 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …that McCutcheon does have standing to bring this action. Clearly, she is a party to a dependency proceeding brought in connection with her child. Section 39.405(4)(a), Florida Statutes (1985), requires service of process upon the parents of a child alleged to be dependent, and the parents are among the parties who may…

32. Department of Health & Rehabilitative Services v. J.M.L. 455 So. 2d 571 · 1DAW-493 · 1st DCA 1984

    This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4) under the 1983 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …8.340 (the terms party and parties shall include the petitioner, the child, and every person upon whom service of summons is required by law); section 39.405(4), Florida Statutes (1983) (the summons shall be directed to, and shall be served upon, the ... legal custodian). Next, HRS contends that the trial judge's…

33. In re Amendments to the Florida Rules of Juvenile Procedure 5 So. 3d 665 · SC08-1612-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 39.502 3 times: (17)

    …hearings and proceedings in dependency cases appears to have been in response to the requirements of federal law, rather than the 2008 amendments to section 39.502(17), Florida Statutes. Chapter 2008-245, section 9, Laws of Florida, amended section 39.502(17) to require that “the foster or preadoptive parents” of a child be…

34. In re Amendments to Fl. Rules of Juvenile Proc. 992 So. 2d 242 · SC08-1612 · Florida Supreme Court 2008

    Rule amendment This opinion cites § 39.502 2 times: (17)

    …the rule and forms as proposed by the Committee. The amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida Statutes, made by chapter 2008-245, sections 9-11, Laws of Florida. Consistent with the change to section 39.502(17), Florida…

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

    Rule amendment This opinion cites § 39.502 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 ch. 2023-302, §§…

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

    Rule amendment This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4)(b), which couldn't be matched to today's text.

    · cited by 3 in all courts

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of "parties." Sections 39.405(4)(b) and 39.437(4)(b), Florida Statutes, require service of summons upon the "actual custodians." The result of the present rule is that in many instances…

37. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4)(b), which couldn't be matched to today's text.

    · cited by 1 in all courts

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of “parties.” Sections 39.405(4)(b) and S9.437(4)(b), Florida Statutes, require service of summons upon the “actual custodians.” The result of the present' rule is that in many instances…

38. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 39.502 1 time: (4)Cited as § 39.405(4)(b) (1997 statutes), now § 39.502(4)

    · cited by 8 in all courts

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of “parties.” Sections 39.405(4)(b) and 39.437(4)(b), Florida Statutes, require service of summons upon the “actual custodians.” The result of the present rule is that in many instances…

39. 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 § 39.502 1 time: (4)Cited as § 39.405(4)(b) (1997 statutes), now § 39.502(4)

    · cited by 1 in all courts

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of “parties.” Sections 39.405(4)(b) and 39.437(4)(b), Florida Statutes, require service of summons upon the “actual custodians.” The result of the present rule is that in many instances…

40. In re Amendments to the Florida Rules of Juvenile Procedure 661 So. 2d 800 · SC85584 · Florida Supreme Court 1995

    Rule amendment This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4)(b) under the 1994 statutes, too old to match to today's subsections.

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of “parties.” Sections 39.405(4)(b) and 39.437(4)(b), Florida Statutes, require service of summons upon the “actual custodians.” The result of the present rule is that in many instances…

41. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites § 39.502 1 time, a subsectionAlso cites § 39.405(4)(b) under the 1991 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …all other parties and the court. 1992 Amendment. Subdivision (b) allows additional parties, which should fall within the definition of “parties.” Sections 39.405(4)(b) and 39.437(4)(b), Florida Statutes, require service of summons upon the “actual custodians.” The result of the present rule is that in many instances…

No opinion cites this provision by number.

Show all cases

1. Rule 65C-30.003 Diligent Search. Implements

No admin code rule cites this provision.

Show all rules

1. CFOP 170-1 Florida Child Welfare Practice Model p. 154

No CFOP cites this provision.

Show all CFOPs