Dependency Law Finder

1. In re K.M. 978 So. 2d 211 · 2D07-1609 · 2nd DCA 2008

   Dismissed This opinion cites § 39.510 9 times: (1), and the section generallyCited as § 39.413 (1995 statutes), now § 39.510

   · cited by 6 in all courts

   Grandmother's appeal of the child's placement with the father dismissed; legal custodians are participants, not parties, and lack standing to appeal.

   …any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal. . . ." § 39.413, Fla. Stat. (1995) (emphasis added). This provision was amended and renumbered as section 39.510 and then further amended to delete "legal custodian." See …

2. City of Plant City v. Department of Children & Family Services 101 So. 3d 407 · 2D11-4366 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.510 4 times: (1), and the section generally

   · cited by 2 in all courts

   A city defending a wrongful-death suit showed a proper interest in inspecting the child's confidential dependency records; denial reversed, and the nonparty's appeal was proper.

   …or engaging in settlement negotiations. J.B. and the Department argue that the City does not have standing to bring this appeal. It is true that section 39.510(1) purports to limit appellate standing in dependency actions. This statute provides that an appeal may only be brought by the Department and by “[a]ny party …

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

   Affirmed This opinion cites § 39.510 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.

   …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…

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

   Dismissed This opinion cites § 39.510 2 times, 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.

   …proceeding, however, is procedurally distinct from a termination proceeding. The order adjudicating dependency is appealable as a final order. See § 39.510, Fla. Stat. (2007); A.G. v. Dep't of Children & Family Servs., 731 So.2d 1260, 1262 (Fla.1999); G.L.S. v. Dep't of Children & Families, 724 So.2d…

5. In re R.B. 890 So. 2d 1288 · 2D04-4742 · 2nd DCA 2005

   Certiorari / writ denied This opinion cites § 39.510 2 times: (1)

   · cited by 7 in all courts

   Appeal of a nonfinal pretrial order in a termination case is not authorized by rule 9.146; treated as certiorari and denied.

   …dependency and termination proceedings, it did not refer to the right to appeal a final order, but merely referred to the right to appeal "an order." See §§ 39.510(1) (relating to dependency proceedings),.815, Fla. Stat. (2003). The legislature of course, is not permitted to create nonfinal appeals. The Florida…

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

   This opinion cites § 39.510 2 times, a subsectionCited as § 39.413 (1983 statutes), now § 39.510Also cites § 39.413(1) under the 1983 statutes, too old to match to today's subsections.

   · cited by 2 in all courts

   …adhere to the dictates of this rule. .§ 39.408, Fla.Stat. (1983). . Appeals from orders rendered in juvenile proceedings are governed by section 39.413(1), Florida Statutes (1983), which provides: Any child, and any parent or legal custodian of any child, affected by an order of the court may appeal to the…

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

   Reversed This opinion cites § 39.510 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.

   …as in In re B.Y.G.M. and In re K.B.L.V., and where, as here, DCF appeals the trial court’s adjudication of dependency based on undisputed facts. See § 39.510, Fla. Stat. 3 Even with the adjudication of dependency, A.A.A.-E. apparently would not fall under Florida’s definition of a child who “may be eligible…

8. G.C. v. Department of Children & Families 791 So. 2d 17 · 5D99-2227 · 5th DCA 2001

   Affirmed in part, reversed in part This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1997 statutes), now § 39.510

   · cited by 21 in all courts

   Dependency affirmed as to the father's sexual abuse but reversed on the mother's mental abuse; child testifying outside parents' presence and denied postponement upheld.

   …conduct associated with the dependency were finally *19 disposed of so they could testify without fear of criminal prosecution. Pursuant to section 39.413, Florida Statutes (1997), we have jurisdiction. As to the issue of sufficiency of evidence, the standard of review is whether the trial court's findings are…

9. V.P. v. Department of Children & Families 746 So. 2d 590 · 5D99-3502 · 5th DCA 1999

   This opinion cites § 39.510 1 time: (1)

   …temporary placement of T.P. with the natural father. REMANDED FOR FURTHER PROCEEDINGS. COBB, PETERSON and GRIFFIN, JJ. concur. NOTES [1] See § 39.510(1), Fla. Stat. See also Fla. R.App. P. 9.040(c).

10. I.T. v. State 694 So. 2d 720 · SC86151 · Florida Supreme Court 1997

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1995 statutes), now § 39.510

    · cited by 47 in all courts

    …the same in the current statutes. Section 39.14 no longer exists, but chapter 39 currently contains at least two sections, section 39.069 and section 39.413, which cover the same material. [4] This section provided: Determination of degree of offense.—If the indictment or information charges an offense which…

11. Ash v. Department of Health & Rehabilitative Services 649 So. 2d 305 · 5D93-1758 · 5th DCA 1995

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1991 statutes), now § 39.510

    · cited by 4 in all courts

    … *307 dependent entered on 24 June 1993. The parents had 30 days to appeal entry of the order of adjudication rendered 2 June 1993, and they did not. § 39.413, Fla. Stat. (1991); Fla.R.App.P. 9.110; HRS v. Zeigler, 587 So.2d 602 , 604 (Fla. 5th DCA 1991) (adjudication of dependency was appealable and should…

12. Grigley v. Department of Health & Rehabilitative Services 625 So. 2d 132 · DCA93-2680 · District Court of Appeal 1993

    This opinion cites § 39.510 1 time, a subsectionAlso cites § 39.413(1) under the 1991 statutes, too old to match to today's subsections.

    PER CURIAM. We treat this petition for habeas corpus as an appeal under section 39.413(1), Florida Statutes (1991), see Patterson v. Department of Health and Rehabilitative Services, 548 So.2d 1200 (Fla. 3d DCA 1989), and reverse. 1 This…

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

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1989 statutes), now § 39.510

    · cited by 1 in all courts

    …adjudication was void ab initio. The adjudication of dependency was appealable, and should have been challenged by direct appeal within thirty days. § 39.413, Fla. Stat. (1989). See In the Interest of D.M.S., 528 So.2d 505 (Fla. 2d DCA 1988). Failure to do so leaves the adjudication of dependency standing,…

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

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1989 statutes), now § 39.510

    · cited by 3 in all courts

    …adjudication was void ab initio. The adjudication of dependency was appealable, and should have been challenged by direct appeal within thirty days. § 39.413, Fla.Stat. (1989). See In the Interest of D.M.S., 528 So.2d 505 (Fla. 2d DCA 1988). Failure to do so leaves the adjudication of dependency standing,…

15. Department of Health & Rehabilitative Services v. Honeycutt 584 So. 2d 192 · 5D90-2293 · 5th DCA 1991

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1990 statutes), now § 39.510

    · cited by 4 in all courts

    …appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure and pursuant to s. 39.413. In our opinion this statute merely confers on the parties specified standing to appeal otherwise appealable orders. It does not confer jurisdiction.…

16. Belflower v. Department of Health & Rehabilitative Services 578 So. 2d 827 · 5D90-56 · 5th DCA 1991

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1989 statutes), now § 39.510

    · cited by 12 in all courts

    …counsel, is not *829 void ab initio. The adjudication of dependency was appealable, and should have been challenged by direct appeal within thirty days. § 39.413, Fla. Stat. (1989). See In the Interest of D.M.S., 528 So.2d 505 (Fla.2d DCA 1988). Failure to do so leaves the adjudication of dependency standing,…

17. Department of Health & Rehabilitative Services v. V.L. 573 So. 2d 396 · DCA90-2620 · District Court of Appeal 1991

    This opinion cites § 39.510 1 time, a subsectionAlso cites § 39.413(1) under the 1989 statutes, too old to match to today's subsections.

    …Statutes (1989), vests H.R.S. with all rights and responsibilities of a legal custodian when a child is committed to its temporary legal custody. 1 Section 39.413(1), Florida Statutes (1989), allows a legal custodian to appeal an order of the trial court that affects the child, and subsection (3) provides that an appeal…

18. Patterson v. Department of Health & Rehabilitative Services 548 So. 2d 1200 · DCA89-2190 · District Court of Appeal 1989

    This opinion cites § 39.510 1 time, a subsectionAlso cites § 39.413(1) under the 1987 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    PER CURIAM. The petition for writ of habeas corpus is treated as an appeal, pursuant to section 39.413(1), Florida Statutes (1987), from an order denying the petitioner-parents’ motion for release of their child from shelter care. Since the order, rendered upon a…

19. In Interest of Unknown P. 546 So. 2d 21 · 3D89-927 · 3rd DCA 1989

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1987 statutes), now § 39.510

    · cited by 7 in all courts

    …granting immediate custody to the father and the denial of its motion for stay pending appeal. [1] The Guardian Ad Litem also appeals pursuant to Section 39.413, Florida Statutes (1987). We reverse. On December 12, 1988, the subject female child (then unnamed) was born at Jackson Memorial Hospital. After a…

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

    This opinion cites § 39.510 1 time, a subsectionAlso cites § 39.413(1) under the 1985 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …of process upon the parents of a child alleged to be dependent, and the parents are among the parties who may appeal if “affected by an order of the court.” § 39.413(1), Fla.Stat. (1985). If a parent may appeal from an adverse ruling, that same parent ought to have the right to *712 pursue extraordinary remedies such as…

21. Anderson v. Dept. of H & R. Services 482 So. 2d 491 · 1DBJ-285 · 1st DCA 1986

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1985 statutes), now § 39.510

    · cited by 6 in all courts

    …may be accomplished by reference to the child's initials (as is done in court proceedings to comply with the confidentiality requirements in sections 39.411 and 39.413, Florida Statutes (1985), relating to juvenile dependency proceedings). We find nothing in section 415.51 that would prevent this identification. The notion…

22. In re S.J.W. 480 So. 2d 262 · DCABK-247 · District Court of Appeal 1986

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1985 statutes), now § 39.510

    …filed a petition for writ of habeas corpus on the ground that the order is illegal. We treat the petition as an appeal pursuant to Fla.R.App.P. 9.040(c) and § 39.413, Fla.Stat. The dependency order was entered pursuant to a petition filed by the grandmother five days after the death of the children’s father. The sole…

23. Department of Health & Rehabilitative Services ex rel. M.H. v. State 447 So. 2d 359 · 3DAV-237 · 3rd DCA 1984

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1981 statutes), now § 39.510

    · cited by 3 in all courts

    …in A.O. v. State. Accordingly, the trial court’s order adjudicating M.H. delinquent is REVERSED. WIGGINTON and NIMMONS, JJ., concur. . Section 39.413, Florida Statutes (1981), permits the Department, as legal custodian of M.H., to pursue this appeal of the trial court’s order. . Section 39.412,…

24. O.A. v. State 393 So. 2d 604 · DCA78-2065 · District Court of Appeal 1981

    This opinion cites § 39.510 1 time, a subsectionAlso cites § 39.413(1) under the 1978 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    … PEARSON, J., concurs in result only. . Since the questioned order “affected” the juvenile defendant, it has been made expressly appealable by Section 39.413(1), Florida Statutes (Supp.1978) [formerly numbered 39.411], which became effective October 1, 1978. Ch. 78^14, § 20, Laws of Fla.

25. In Interest of D.B. 385 So. 2d 83 · SC56237 · Florida Supreme Court 1980

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1979 statutes), now § 39.510

    · cited by 152 in all courts

    …counsel to be appointed in such a circumstance. We recognize that the father is entitled to notice that the child is being permanently committed under section 39.413, Florida Statutes, and is allowed an opportunity to contest the commitment and be represented by private counsel under section 39.406, Florida Statutes.…

26. Gregory v. State 377 So. 2d 729 · DCA79-30 · District Court of Appeal 1979

    This opinion cites § 39.510 1 time, the section generallyCited as § 39.413 (1978 statutes), now § 39.510

    … Cherry, 100 So.2d 385 (Fla.1958); In re Interest of Camm, 294 So.2d 318 (Fla.1974); In re R.J.C., 300 So.2d 54 (Fla. 1st DCA 1974); Section 39.413, Florida Statutes (1978 Supp.).

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