Identity or location of parent unknown; special procedures.§ 39.503
DCF forms citing it: DOR CS-AP 80 Request for Authorization to Use State Parent Locator Service
Related court rules: Rule 8.225 Process, diligent searches, and service of pleadings and papers · Rule 8.226 Determination of parenthood · Rule 8.305 · Rule 8.315 · Rule 8.332
15 opinions cite § 39.503
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In re T.J. 59 So. 3d 1187 · 3D10-1111 · 3rd DCA 2011
· 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.
…In re T.R.F., 741 So.2d 1184 , 1186 (Fla. 2d DCA 1999) ("We conclude that neither [of petitioner's] affidavit[s] complied with the requirements of section 39.4051(6) [now 39.503]. The affiant did not check the offices of the department likely to have information about the father, other state and federal agencies likely to…
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Guardian ad Litem Program v. T.M. 2D22-2501 · 2nd DCA 2022
Supplemental adjudication reversed because the trial court wrongly refused to consider on the merits the guardian ad litem's rule 8.270 challenge to a birth-certificate parent's status.
… to be the father of the child by the Department of Revenue as provided in s. 409.256. § 39.01(40) (emphasis added). Pursuant to section 39.503(1), if the identity of a parent is unknown at the time a dependency petition is filed, the trial court must conduct an inquiry of the mother or another person…
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A.S. v. Department of Children & Families 162 So. 3d 335 · 4D14-3571 · 4th DCA 2015
· cited by 4 in all courts
Termination reversed: a prospective parent cannot abandon a child before paternity is established, his later visits showed regular contact, and least restrictive means was unproven.
…or father of the child. The term does not include . . . an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). § 39.01(49), Fla. Stat. (2014) (emphasis added). When reading the definition of “parent” in conjunction with that…
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In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006
· cited by 6 in all courts
…parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). Thus, A.S. is a "parent" for purposes of chapter 63 if he is "a man whose consent to the adoption of the child would be required under…
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E.K. v. Department of Children & Family Services 874 So. 2d 720 · 2D03-5797 · 2nd DCA 2004
· 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.
…was originally named as a putative father at the inception of these proceedings, when the circuit court conducted an 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…
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In re J.D.C. 819 So. 2d 264 · 2D01-2805 · 2nd DCA 2002
· cited by 20 in all courts
Termination of the incarcerated father's rights reversed because past incarceration, no proven harm, and no proven abandonment failed the statutory grounds; DCF must consider a case plan.
…Department may again petition to terminate his parental rights. Reversed and remanded. BLUE, C.J., and WHATLEY, J., Concur. NOTES [1] Under section 39.503, Florida Statutes (2000), the Department is required to perform a diligent search for a prospective parent. See § 39.503(5), (6). [2] We note that the…
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Justice Administrative Com'n v. Peterson 989 So. 2d 663 · 2D07-6075 · 2nd DCA 2008
· cited by 16 in all courts
Order making the state pay appointed counsel for a nonparent grandfather custodian quashed because only indigent parents have a right to appointed counsel in dependency.
…parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of s. 39.503(1) or 63.062(1). [2] The express language of the statute does not include a grandfather in the definition of "parent," even where he has been the "de facto"…
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B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006
· 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.
…identity of a parent is unknown when a dependency petition is filed, the court is required to make its own inquiry to discover the parent's identity. See § 39.503, Fla. Stat. If the identity of a parent is discovered, but his or her location is unknown, DCF is required to conduct a diligent search to determine the…
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In re T.B. 819 So. 2d 270 · 2D01-753 · 2nd DCA 2002
· cited by 23 in all courts
Termination of an incarcerated father's rights reversed: no plan tasks, no willful abandonment, incarceration statute inapplicable, and best-interest findings ignored a willing relative placement.
…placement as the least restrictive means of protecting T.B. from harm. Reversed and remanded. BLUE, C.J., and WHATLEY, J., Concur. NOTES [1] See § 39.503(5),(6), Fla. Stat. (1997). [2] Section 39.806(1)(d), Florida Statutes (1999), states that parental rights may be terminated on the basis that a parent of the…
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In re T.R.F. 741 So. 2d 1184 · 2D98-03128 · 2nd DCA 1999
· cited by 1 in all courts
…identity or residence is unknown after a diligent search has been made, but in this event the petitioner shall file an affidavit of diligent search." Section 39.4051(6) defines a diligent search as "inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program…
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K.A.B. v. Department of Children & Families 741 So. 2d 1184 · DCA98-03128 · District Court of Appeal 1999
· cited by 1 in all courts
…or residence is unknown after a diligent search has been made, but in this event the petitioner shall file an affidavit of diligent search.” Section 39.4051(6) defines a diligent search as “inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program…
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L.T. ex rel. K.S.L. v. Department of Children & Families 48 So. 3d 928 · 5D10-2073 · 5th DCA 2010
· 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.
…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. See…
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Ponton v. Tabares 711 So. 2d 125 · 3D96-3067 · 3rd DCA 1998
· cited by 9 in all courts
…relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either § 39.4051(7) or § 63.062(1)(b). § 39.01(48), Fla. Stat. (Supp.1996)(emphasis added). The clear and unambiguous language of this statute can lead to only one conclusion;…
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In re Amendments to Fl. Rules of Juvenile Proc. 992 So. 2d 242 · SC08-1612 · Florida Supreme Court 2008
…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 Statutes,…
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In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998
· cited by 1 in all courts
…by reference a part of this order. . Tho court has — eenducted a detailed inquiry of an available — .—parent/relative/custodiam--:-.. — pursuant—te—section 39.4051, Florida Statutes (1995),- with the -following results: .-...-... The.parent(s)/custodian(s). —.admitted to —.denied *338 —. consented-to the finding…
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0 admin code rules cite § 39.503
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No admin code rule cites § 39.503.
1 CFOP cite § 39.503
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- CFOP 170-1 Florida Child Welfare Practice Model p. 154p. 157 (6), (7)
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(1) If the identity or location of a parent is unknown and a petition for dependency or shelter is filed, the court shall conduct under oath the following inquiry of the parent or legal custodian who is available, or, if no parent or legal custodian is available, of any relative or custodian of the child who is present at the hearing and likely to have any of the following information:
(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.
(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.
(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.
(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.
(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.
(f) Whether a man is named on the birth certificate of the child pursuant to s. 382.013(2).
(g) Whether a man has been determined by a court order to be the father of the child.
(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s. 409.256.
(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.
(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent, the court shall require notice of the hearing to be provided to that person.
(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice.
(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling a disposition hearing regarding the dependency of the child unless the court finds that the best interest of the child requires proceeding without notice to the person whose location is unknown.
(6) The diligent search required by subsection (5) must include, at a minimum, inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies. Pursuant to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.
(7) Any agency contacted by a petitioner with a request for information pursuant to subsection (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.
(8) If the inquiry and diligent search identifies a prospective parent, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department. A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in any termination of parental rights proceeding for the child shall be considered a parent for all purposes under this section unless the other parent contests the determination of parenthood. If the known parent contests the recognition of the prospective parent as a parent, the prospective parent may not be recognized as a parent until proceedings to determine maternity or paternity under chapter 742 have been concluded. However, the prospective parent shall continue to receive notice of hearings as a participant pending results of the chapter 742 proceedings to determine maternity or paternity.
(9) If the diligent search under subsection (5) fails to identify and locate a parent or prospective parent, the court shall so find and may proceed without further notice.
History. s. 10, ch. 94-164; s. 5, ch. 97-276; s. 64, ch. 98-403; s. 18, ch. 99-2; s. 27, ch. 99-193; s. 21, ch. 2000-139; s. 10, ch. 2008-245; s. 8, ch. 2017-151.