Dependency Law Finder

1. Clinebell v. Department of Children & Families 711 So. 2d 194 · 5D97-1833 · 5th DCA 1998

   This opinion cites § 39.509 5 times: (4), and the section generallyCited as § 39.4105(4) (1997 statutes), now § 39.509(4); § 39.4105 (1997 statutes), now § 39.509

   · cited by 1 in all courts

   …to be dependent but withheld adjudication. The trial court believed that it was not bound, under the circumstances of this case, by the provisions of section 39.4105(4), Florida Statutes, found that it was in the best interest of the children that grandparent visitation continue, and awarded visitation to the grandparents. We…

2. Powell v. Department of Children & Families 764 So. 2d 632 · 1D99-2667 · 1st DCA 2000

   Affirmed This opinion cites § 39.509 3 times: (1), and the section generally

   Denial of unsupervised in-home visitation for grandparents affirmed because the father's free access to their home was a compelling reason under section 39.509.

   …appeal an order denying them unsupervised visitation of their dependent grandchildren, E.P. and C.P., and their dependent step-grandchild, C.N. Under section 39.509, Florida Statutes (1999), grandparents of dependent children may be granted “reasonable visitation,” unless such visitation is not in the “best interest of…

3. L.D. v. Department of Children & Families 24 So. 3d 754 · 3D09-3194 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites § 39.509 2 times: (4), and the section generally

   · cited by 2 in all courts

   Order compelling visitation by a non-relative quashed because Chapter 39 gives no such right; certiorari denied on supervision motion lacking a written order.

   …2009), where we granted certiorari review and quashed an order granting the maternal grandparents unsupervised visitation rights. We explained: Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a…

4. D.G. v. Department of Children & Families 16 So. 3d 972 · 3D09-1730 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites § 39.509 2 times: (4), and the section generally

   · cited by 4 in all courts

   Order giving grandparents unsupervised visitation was quashed because grandparent visitation rights end once the child is returned to the parent's custody.

   …grandparents unsupervised visitation satisfies this standard, we grant the father’s petition for writ of cer-tiorari and quash the order. Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a…

5. M.H. v. Department of Children & Families 13 So. 3d 1099 · 3D09-1829 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites § 39.509 2 times: (4), and the section generally

   Grandmother's visitation order was quashed because grandparent visitation rights terminate when the child is returned to the mother's physical custody.

   …grandmother, “overnight weekend bi-weekly visitation and daytime visits two times during the week.” It is this order mother seeks to quash. Section 39.509, Florida Statutes (2008), allows grandparent visitation when a child has been adjudicated dependent and taken from the physical custody of the parent.…

6. T.M. v. Department of Children & Families 927 So. 2d 1088 · 4D05-3878 · 4th DCA 2006

   Affirmed in part, reversed in part This opinion cites § 39.509 2 times, the section generally

   · cited by 3 in all courts

   Continued protective supervision after reunification affirmed, but the grandmother visitation order reversed because her statutory visitation rights ended when the children returned to the mother.

   …who has been adjudicated dependent and taken from the physical custody of the parent." In re S.D., 869 So.2d 39, 40 (Fla. 2d DCA 2004) (referencing 39.509, Fla. Stat.). However, as we stated in L.B. v. C.A., 738 So.2d 425, 427 (Fla. 4th DCA 1999), those visitation rights terminate "when a child has been…

7. A.D. v. K.S. 869 So. 2d 39 · 2D03-1976 · 2nd DCA 2004

   Certiorari / writ granted This opinion cites § 39.509 2 times, the section generally

   · cited by 2 in all courts

   Certiorari granted; after placing the child with the non-offending father, the court could not order him to allow grandmother visitation absent a showing of harm.

   …a grandparent is entitled to reasonable visitation with a grandchild who has been adjudicated dependent and taken from the physical custody of the parent. § 39.509, Fla. Stat. (2002). Here, however, the child was never adjudicated dependent as to the father, 2 and the trial court’s order placed the child in the custody…

8. B.G. v. Department of Children & Families 207 So. 3d 333 · 3D16-1510 · 3rd DCA 2016

   Certiorari / writ denied This opinion cites § 39.509 1 time, the section generally

   Petitions denied; permanent guardianship with non-relative caregivers who raised the child for years met statutory requirements and was supported by competent substantial evidence.

   …and his or her parents; (d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and (f) Require that the permanent…

9. T.M. v. Department of Children & Families 210 So. 3d 172 · 2D16-794 · 2nd DCA 2016

   Reversed & remanded This opinion cites § 39.509 1 time, the section generally

   Permanent guardianship order reversed because it lacked required section 39.6221 findings and the court held no evidentiary hearing.

   … (d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and (f)…

10. In re M.V.-B. 19 So. 3d 381 · 2D08-3616 · 2nd DCA 2009

    Dismissed This opinion cites § 39.509 1 time, the section generally

    · cited by 11 in all courts

    Appeal dismissed: grandparents lack standing, and a postadjudication nonfinal placement order is reviewable only by certiorari, for which the father showed no basis.

    …2d DCA 2008). We follow that holding in this case. We recognize that grandparents have been given certain statutory rights in dependency proceedings. See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can be a proper placement for a child who is the subject of a dependency proceeding. See § 39.521. We do not…

11. I.Z. v. Department of Children & Families 967 So. 2d 425 · 4D07-1754 · 4th DCA 2007

    Affirmed This opinion cites § 39.509 1 time, the section generally

    · cited by 2 in all courts

    Permanent guardianship affirmed; the order met statutory requirements and evidence supported finding the mother had not substantially complied with her case plan.

    …the child and his or her parents; (d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and (f) Require that the permanent guardian not…

12. Cranney v. Coronado 920 So. 2d 132 · 2D04-2609 · 2nd DCA 2006

    This opinion cites § 39.509 1 time, the section generally

    · cited by 2 in all courts

    … Various statutory provisions provide grandparents with visitation rights where granting such visitation would be in the child's best interest. See §§ 39.509 (relating to circumstances where the grandchild "has been adjudicated a dependent child and taken from the physical custody of the parent"); 61.13(2)(b)(2)(c)…

13. L.B. v. C.A. 738 So. 2d 425 · 4D98-2605 · 4th DCA 1999

    This opinion cites § 39.509 1 time, the section generallyCited as § 39.4105 (1997 statutes), now § 39.509

    · cited by 6 in all courts

    …a child has been adjudicated dependent, and terminates those visitation rights when a child has been returned to the physical custody of a parent or others. § 39.4105, Fla. Stat. T.B. was never declared dependent, and accordingly the grandparents have no right to visitation simply because of the Chapter 39 proceeding. We…

14. F.M. v. Department of Children & Families 727 So. 2d 995 · DCA98-955 · District Court of Appeal 1999

    This opinion cites § 39.509 1 time, the section generally

    …in the best interest of the child. . In 1998, the legislature amended section 39.475, Florida Statutes, and amended and renumbered what is now section 39.509, Florida Statutes (Supp.1998). Whether the result would be the same under the amended statutes is not before us.

15. In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017

    Rule amendment This opinion cites § 39.509 2 times: (5)

    …Specifically, the court finds that .......... (specific findings of fact under section 39.811(6), Florida Statutes).......... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental visitation is not in the best interests of the child(ren) or that…

16. In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 39.509 2 times: (5)

    …name(s))...... Specifically, the court finds that ......(specific findings of fact under section 39.811(6), Florida Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental visitation is not in the best interests of the child(ren) or that such…

17. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

    Rule amendment This opinion cites § 39.509 1 time: (5)

    …Specifically, the court finds that .....(specific findings of fact under section 39.811(6), Florida Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental visitation is not in the best interests of the child(ren) or that…

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

    Rule amendment This opinion cites § 39.509 1 time: (5)

    · cited by 3 in all courts

    …name(s))...... Specifically, the court finds that ...... (specific findings of fact under section 39.811(6), Florida Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental visitation is not in the best interests of the child(ren) or that such…

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1. CFOP 170-1 Florida Child Welfare Practice Model p. 60

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