Dependency Law Finder

1. O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008

   Reversed & remanded This opinion cites § 39.506 6 times: (3)

   · cited by 1 in all courts

   Dependency adjudication reversed because parents who attended earlier trial days could not be defaulted for missing a later day; new trial ordered.

   …contain the functional equivalent. In two situations, the failure of a defendant to appear can be deemed to be a consent to a dependency adjudication. See § 39.506(3), Fla. Stat. (2006). First, "[f]ailure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to a…

2. A.J. v. Department of Children & Families 845 So. 2d 973 · 4D02-2396 · 4th DCA 2003

   Reversed & remanded This opinion cites § 39.506 4 times: (3)

   · cited by 9 in all courts

   Refusal to set aside default consent reversed; parents who attended prior hearings and two trial days, then arrived 25 minutes late, should not lose.

   …The trial court denied the parents' motion, finding that the parents' failure to appear constituted a consent to a dependency adjudication pursuant to section 39.506(3), Florida Statutes (2001) and Florida Rule of Juvenile Procedure 8.330(c). Based on the default, the court entered a dependency order. Section 39.506(3) and…

3. Mgmt. v. Steinberg 932 So. 2d 321 · 4D03-4687 · 4th DCA 2006

   This opinion cites § 39.506 3 times: (3)

   · cited by 6 in all courts

   …parties evaluate the award, and either accept it or complete the litigation through trial. We analogize this to the interpretation this court made of section 39.506(3), Florida Statutes (2001), in A.J. v. Department of Children and Families, 845 So.2d 973 (Fla. 4th DCA 2003). That section provides for a default of a…

4. M.T. v. Department of Children & Families 816 So. 2d 227 · 5D01-1302 · 5th DCA 2002

   Reversed & remanded This opinion cites § 39.506 3 times: (1)

   · cited by 2 in all courts

   Dismissal of the dependency case reversed because the 30-day adjudicatory hearing deadline in sections 39.506 and 39.507 is directory, not jurisdictional.

   … At the outset of the April 12, 2001 adjudicatory hearing the parents renewed their motion to dismiss, asserting that the language contained in sections 39.506(1) and 39.507(1)(a), Florida Statutes, constitutes a speedy trial rule applicable to dependency actions and that the failure to commence trial within 30 days of…

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

   Other This opinion cites § 39.506 2 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.

   …rights adjudicatory hearings. See §§ 39.401(5) (shelter review hearing if placed with nonrelatives); 39.402 (shelter and shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory hearing); 39.521 (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 (advisory and…

6. C.S. v. Department of Children & Families 124 So. 3d 978 · 4D13-713 · 4th DCA 2013

   Affirmed This opinion cites § 39.506 2 times: (3)

   · cited by 5 in all courts

   Termination affirmed over a dissent; consent was properly entered when the parents missed a noticed third trial day, and findings supported termination.

   …in the dependency statute regarding the trial court’s authority to enter a consent. The Third District held that the similar dependency statute, section 39.506(3), Florida Statutes (2008), does not authorize the trial court to enter a consent when the parents appear for the first day of trial but are not present on a…

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

   Reversed & remanded This opinion cites § 39.506 2 times: (3)

   · 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.

   …of Montgomery County, Pennsylvania, with a summons and notice of an arraignment hearing. The papers contained the following bold warning required by section 39.506(3), Florida Statutes (2003): FAILURE TO PERSONALLY APPEAR AT THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A…

8. In re B.B. 858 So. 2d 1184 · 2D03-66 · 2nd DCA 2003

   Reversed & remanded This opinion cites § 39.506 2 times: (3)

   · cited by 1 in all courts

   Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

   …the trial court must follow the established rules of procedure. The dependency court is not empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that a failure to appear at an arraignment hearing constitutes consent to the adjudication. A notice of this statutory…

9. S.B. v. Department of Children & Family Services 858 So. 2d 1184 · 2D03-66-2 · 2nd DCA 2003

   Reversed & remanded This opinion cites § 39.506 2 times: (3)

   · cited by 6 in all courts

   Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

   …the trial court must follow the established rules of procedure. The dependency court is not empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that a failure to appear at an arraignment hearing constitutes consent to the adjudication. A notice of this statutory…

10. In re I.A. 857 So. 2d 310 · 2D02-5523 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.506 2 times: (3)

    · cited by 10 in all courts

    Dependency adjudication reversed because the court abused its discretion treating the father as consenting when he was in the restroom and arrived minutes later.

    …trial court used the term "default," the term "consent" is the proper term to be used when a parent fails to appear at an arraignment hearing. [2] Section 39.506(3), Florida Statutes (2002), provides in part, "Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's…

11. Department of Children & Families v. B.Y. 260 So. 3d 438 · 5D18-2703 · 5th DCA 2018

    Reversed & remanded This opinion cites § 39.506 1 time: (1)

    Dismissal of the dependency petition at arraignment reversed because DCF and the child had no notice or chance to be heard on the oral motion.

    …At arraignment, the parent or legal custodian of the child may admit, deny, or consent to findings of dependency as alleged in the petition. See § 39.506(1) - (2), Fla. Stat. (2018). Depending on the responses given, the court will then hold a disposition hearing within fifteen or thirty days of the arraignment. …

12. S.G. v. Department of Children & Families 176 So. 3d 1026 · 1D15-3430-2 · 1st DCA 2015

    Reversed & remanded This opinion cites § 39.506 1 time: (1)

    Dependency adjudication and case plan reversed on DCF's concession: the mother lacked notice that adjudication or disposition would occur at an arraignment she missed.

    …arraignment provides the opportunity ‘for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat. (2014). Depending on the parents’ response, a disposition hearing will be held within fifteen or thirty days of the arraignment hearing.…

13. S.G. v. Department of Children & Families 1D15-3430 · 1st DCA 2015

    Reversed & remanded This opinion cites § 39.506 1 time: (1)

    Dependency adjudication and case plan reversed on DCF's concession: the mother lacked notice that adjudication or disposition would occur at an arraignment she missed.

    …arraignment provides the opportunity ‘for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat. (2014). Depending on the parents’ response, a disposition hearing will be held within fifteen or thirty days of the arraignment hearing.…

14. Department of Children & Families v. T.S. 154 So. 3d 1223 · 4D14-3629 · 4th DCA 2015

    Reversed & remanded This opinion cites § 39.506 1 time: (1)

    · cited by 11 in all courts

    Sua sponte dismissal of a dependency petition at arraignment reversed: DCF and the child got no notice or hearing, and best interests were ignored.

    … An arraignment provides the opportunity “for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.” § 39.506(1)–(2), Fla. Stat. (2014). Depending on the parents’ response, a disposition hearing will be held within fifteen or thirty days of the arraignment hearing. Id.…

15. D.G. v. Department of Children & Families 80 So. 3d 1063 · 5D11-2374 · 5th DCA 2012

    Reversed & remanded This opinion cites § 39.506 1 time: (3)

    · cited by 2 in all courts

    Dependency adjudication as to the father reversed: the court rushed to disposition and relied on prospective harm instead of finding actual abuse or neglect.

    …an adjudicatory hearing was set. When Mother failed to appear at the hearing, the trial court found she had consented to the dependency pursuant to section 39.506(3), Florida Statutes (2011). The court rescheduled Father’s adjudicatory hearing. *1064 However, it then prematurely held a dispo-sitional…

16. G.R. v. Department of Children & Families 77 So. 3d 926 · 3D11-2560 · 3rd DCA 2012

    Reversed & remanded This opinion cites § 39.506 1 time: (3)

    On DCF's confession of error, dependency adjudication based on consent by nonappearance without proper notice was reversed and remanded for a dependency trial.

    …based on constructive consent against Appellant, G.R., for her failure to appear for an adjudicatory hearing absent proper notice in accordance with section 39.506(3), Florida Statutes (2011), and Florida Rule of Juvenile Procedure 8.330(c). Reversed and remanded for proceedings in compliance herewith.

17. In re T.F. 8 So. 3d 474 · 2D08-1291 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.506 1 time: (2)

    Reversed because the court changed the goal to adoption without a termination petition, rendering the mother's consent to dependency unknowing; new arraignment or hearing required.

    …knowing and voluntary consent, the trial court could adjudicate the child dependent only after an adjudicatory hearing pursuant to section 39.507. See § 39.506(2). Yet, an adjudicatory hearing was not held in this case. Thus, the trial court erred under the facts of this case in addressing a substantive issue without…

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

    Reversed & remanded This opinion cites § 39.506 1 time: (3)

    · 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.

    …in connection with a filing hearing. Such a warning is authorized for an arraignment hearing, but not a filing hearing. See Fla. R. Juv. P. 8.225(c)(1); § 39.506(3), Fla. Stat. (2006). The trial court's entry of default was impermissible. After the trial court entered the dependency order, the mother's counsel moved for…

19. T.L.D. v. Department of Children & Family Services 883 So. 2d 910 · 2D03-4501 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.506 1 time: (3)

    · cited by 20 in all courts

    Termination reversed because the court used the wrong test on the motion to set aside implied consent, which should be liberally granted.

    …and S.C. were also issued after the trial court's ruling in this case. . We emphasize that our holding is limited to those consents implied by section 39.506(3), Florida Statutes (2002) (involving dependency), and section 39.801(3)(d) (involving termination of parental rights). It does not apply to cases in which a…

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

    Affirmed This opinion cites § 39.506 1 time: (3)

    · 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.

    …to appear, the court entered a default judgment against her and proceeded as though S.B. had consented to an adjudication of dependency pursuant to section 39.506(3), Florida Statutes (1997), which states: Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's…

21. S.B. v. Department of Children & Families 825 So. 2d 1057 · 4D01-13 · 4th DCA 2002

    Affirmed This opinion cites § 39.506 1 time: (3)

    · cited by 1 in all courts

    Denial of the mother's late collateral attack affirmed; no right to competent counsel in dependency, and she consented by skipping arraignment (conflicts with First District).

    …plans, appeared at the hearing and gave their consent to the adjudication of dependency. The court proceeded as though S.B. had consented pursuant to section 39.506(3), Florida Statutes, which states: Failure of a person served with notice to personally appear at the arraignment hearing constitutes the person's consent to…

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

    This opinion cites § 39.506 1 time: (1)

    · cited by 5 in all courts

    …the circuit court "shall expedite the judicial handling of all cases when the child has been removed from the family and placed in a shelter." [5] Section 39.506(1), Florida Statutes (Supp.1998), states that if a child has been detained by order of the court and the parent denies the allegations of the dependency…

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

    Rule amendment This opinion cites § 39.506 1 time, the section generally

    …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, §§ 1-7, 10,…

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