Dependency Law Finder

1. In Interest of P.A.D. 498 So. 2d 1342 · 1DBM-29 · 1st DCA 1986

   This opinion cites § 39.521 18 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(1)(f)3.b., 39.41(1)(f), 39.41(1)(f)1.d., 39.41(1)(f)3., 39.41(1)(f)1. under the 1985 statutes, too old to match to today's subsections.

   · cited by 6 in all courts

   …of three petitions for permanent commitment. We affirm the trial court's order dismissing all three petitions for permanent commitment and hold that section 39.41(1)(f)3.b., Florida Statutes (1985), is unconstitutional because it permits permanent severance of parental custody without requiring the state to prove, by clear and…

2. In Interest of B.W. 479 So. 2d 740 · 5D84-844 · 5th DCA 1985

   This opinion cites § 39.521 11 times, a subsectionCited as § 39.41 (1983 statutes), now § 39.521Also cites § 39.41(1)(f)1.a., 39.41(1)(f)1.d., 39.41(1)(f), 39.41(1)(f)1. under the 1983 statutes, too old to match to today's subsections.

   · cited by 8 in all courts

   …parental rights of a father to his three children. The HRS petition for permanent commitment is based on allegations that the father neglected his children (§ 39.41(1)(f)1.a., Fla. Stat.), the father failed to substantially comply with a performance agreement (§ 39.41(1)(f)1.d., Fla. Stat.), and that the father abandoned his…

3. In Interest of A.B. 444 So. 2d 981 · 1DAQ-331 · 1st DCA 1983

   This opinion cites § 39.521 11 times, a subsectionCited as § 39.41 (1981 statutes), now § 39.521Also cites § 39.41(6)(b), 39.41(1)(f), 39.41(1)(d) under the 1981 statutes, too old to match to today's subsections.

   · cited by 20 in all courts

   …to be "returned to the physical custody of his natural parents" or "the social service agency shall initiate permanent commitment proceedings pursuant to s. 39.41... ." Sec. 409.168(3)(c). The evident effect of these provisions, now on the books for more than three years, is to require an affirmative effort to…

4. B.C. v. Department of Children & Families 864 So. 2d 486 · 5D03-1680 · 5th DCA 2004

   Reversed & remanded This opinion cites § 39.521 10 times, a subsectionCited as § 39.41 (2003 statutes), now § 39.521; § 39.508 (2003 statutes), now § 39.521Also cites § 39.41(1) under the 1995 statutes, too old to match to today's subsections.

   · cited by 18 in all courts

   Written order must be conformed to the oral ruling withholding adjudication; dependency may rest on one parent, but a non-offending father gets placement absent danger.

   …that because there was no evidence nor any finding that the placement "would endanger the safety and wellbeing of the child," the mandatory terms of section 39.41(1), [3] Florida Statutes (1995), required that the father be given custody; statute does not permit an independent *491 judicial consideration of the "best…

5. S.J. v. Department of Health & Rehabilitative Services 700 So. 2d 71 · 1D97-432 · 1st DCA 1997

   This opinion cites § 39.521 10 times, a subsectionCited as § 39.41 (1996 statutes), now § 39.521Also cites § 39.41(2)(a)9., 39.41(1), 39.41(2)(a)9.b., 39.41(2)(a)3., 39.41(2)(a)5.a., 39.41(2)(b) under the 1996 statutes, too old to match to today's subsections.

   · cited by 7 in all courts

   …of the child" standard to the determination of placement of the child subsequent to the previous adjudication of dependency. The applicable provision, section 39.41(2)(a)9., Florida Statutes, states: (2)(a) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power, by…

6. Coy v. Department of Health & Rehabilitative Services 623 So. 2d 792 · DCA92-3140 · District Court of Appeal 1993

   This opinion cites § 39.521 10 times, a subsectionCited as § 39.41 (1991 statutes), now § 39.521Also cites § 39.41(7), 39.41(1)(a), 39.41(1)(a)7.b. under the 1991 statutes, too old to match to today's subsections.

   · cited by 2 in all courts

   …orders result. The forms used in this record did not always accomplish these functions. One problem is determining under which subsection of section 39.41, Florida Statutes, the trial court intended to proceed at each stage of the proceedings. Section 39.41, Florida Statutes (1991) initially governed the…

7. K.S. v. Department of Children & Families 760 So. 2d 1068 · 5D99-2613 · 5th DCA 2000

   Reversed & remanded This opinion cites § 39.521 9 times: (1), (1)(a)2., (1)(d), and the section generallyCited as § 39.508(1) (1999 statutes), now § 39.521(1); § 39.508(6) (1999 statutes), now § 39.521(1)(a)2.; § 39.508(7) (1999 statutes), now § 39.521(1)(d); § 39.508 (1999 statutes), now § 39.521Also cites § 39.508(9), 39.508(9)(a)5.a., which couldn't be matched to today's text.

   · cited by 6 in all courts

   Order withholding adjudication but keeping the child out of home reversed: no findings, no stipulation inquiry, no approved case plan before long-term relative placement.

   …mother points out that the trial court erred by failing to accept, review, and afford her an opportunity to work on a case plan, as required by subsections 39.508(1), (6), (7) and (9), Florida Statutes (1999). These statutes, in pertinent part, provide: 39.508(1) Disposition hearings; powers of disposition.— (1) At the…

8. S.M. v. Department of Children & Families 3D2023-2213 · 3rd DCA 2024

   Certiorari / writ denied This opinion cites § 39.521 8 times: (1), (1)(a), (1)(e), (2), and the section generally

   Appeal treated as certiorari and denied; the court properly approved a substance-misuse condition for return though the mother's consent plea omitted substance use.

   … 4 On November 15, 2023, the trial court held a disposition hearing pursuant to Florida Rule of Juvenile Procedure 8.340 and section 39.521, Florida Statutes. At the hearing, the Department advised the trial court that a Family Functioning Assessment had been submitted for the court’s approval.…

9. Graham v. State 169 So. 3d 123 · 3D13-0561 · 3rd DCA 2015

   This opinion cites § 39.521 8 times: (1)(c)3., and the section generallyCited as § 39.521(1)(b)3. (2000 statutes), now § 39.521(1)(c)3.

   · cited by 2 in all courts

   …Rilya that awarded Pamela non-relative, temporary custody of Rilya. In effect, Pamela and DCF became co-custodians of Rilya and Rodricka. See §§ 39.01(59), 39.521(1)(b)3., Fla. Stat. (2000). Pamela and Geralyn Graham agreed that, between the two of them, Geralyn Graham would care for Rilya and Rodricka during the day…

10. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

    This opinion cites § 39.521 8 times, a subsectionAlso cites § 39.41(1)(b), 39.41(1)(f)1.a., 39.41(1)(e), 39.41(1)(f) under the 1983 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …the disposition order contains no specific reference to any particular statute, it is apparent that D.W.K. was placed with his grandmother pursuant to § 39.41(1)(b), Fla.Stat. (1983), which empowers the court to place an adjudicated dependent child “in the temporary legal custody of an adult relative willing to care for…

11. N.A. v. Department of Children & Families 267 So. 3d 430 · 4D18-3374 · 4th DCA 2019

    Reversed & remanded This opinion cites § 39.521 7 times: (3)(b)

    · cited by 3 in all courts

    Reversed because the court could not place the child permanently with the father and end jurisdiction while ordering the mother to complete a case plan.

    …child with the non-offending parent, Chapter 39 provides a court with two options which are exclusive to one another. Those options are provided in section 39.521(3)(b), Florida Statutes (2018), which states, in pertinent part: 4 If there is a parent with whom the child was not…

12. M.M. v. Department of Children & Families 777 So. 2d 1209 · 5D00-1804 · 5th DCA 2001

    Reversed This opinion cites § 39.521 7 times: (1)(e)8.b., (3)(b)Cited as § 39.41(4)(b) (1997 statutes), now § 39.521(1)(e)8.b.; § 39.508(8) (1999 statutes), now § 39.521(3)(b)Also cites § 39.41(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    Placement with the maternal aunt reversed because the statute requires placing the child with the non-offending father on request absent evidence of endangerment.

    …release, he sought a writ of habeas corpus to obtain custody of the child from DCF, which had placed the child with a relative. The father relied on section 39.41(1), Florida Statutes (1995), which was identical to section 39 .508(8) in all material respects. On appeal, the Third District Court found that the father, who…

13. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

    Other This opinion cites § 39.521 7 times: (1), (1)(a)2., (1)(c), and the section generallyCited as § 39.508(9)(a)7. (1998 statutes), now § 39.521(1)(c); § 39.508 (1998 statutes), now § 39.521; § 39.508(1) (1998 statutes), now § 39.521(1); § 39.508(6) (1998 statutes), now § 39.521(1)(a)2.Also cites § 39.508(9), which couldn't be matched to today's text.

    · cited by 53 in all courts

    Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

    …temporary or longterm legal custody of an adult relative, and placing the child in long-term out-of-home care or in an independent living arrangement. See § 39.508(9), Fla. Stat. (Supp. 1998). Once a child has been adjudicated dependent, the dependency court also has the power to place the child in the "temporary legal…

14. In re B.Y.G.m, a Minor 176 So. 3d 290 · 3D14-2409 · 3rd DCA 2015

    Affirmed This opinion cites § 39.521 6 times: (1)(c)3., and the section generallyCited as § 39.521(1)(b)3. (2013 statutes), now § 39.521(1)(c)3.

    · cited by 14 in all courts

    Denial of an immigrant teen's private dependency petition affirmed because the evidence showed no current abandonment or neglect; she lived safely with her mother.

    …On appeal to this court, appellate counsel for DCF identified the statute: “The Department’s position was based on the legislative requirement, pursuant to §39.521(b)1(sic), Fla. Stat. (2014), to provide protective supervision over the minor’s placement upon an adjudication of dependency.”4 (Emphasis added). Before us…

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

    Dismissed This opinion cites § 39.521 6 times: (1)(c), (3), (3)(b), (3)(c)Cited as § 39.521(3) (2006 statutes), now § 39.521(1)(c); § 39.521(3)(d) (2006 statutes), now § 39.521(3)

    · 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.

    …D.M., the maternal grandmother of the minor child K.M., appeals from an order placing K.M. with her father, Appellee T.W. ("the Father"), pursuant to section 39.521(3)(b), Florida Statutes (2006). Because we conclude that the grandmother has no standing to appeal, we dismiss the appeal. The trial court adjudicated K.M.…

16. In re K.M. 946 So. 2d 1214 · 2D06-713 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.521 6 times: (3)(b)

    · cited by 3 in all courts

    Order giving long-term custody to the grandmother is appealable and was reversed because the court did not apply the nonoffending-parent placement statute or find endangerment.

    …by the Father in his appellate brief, we reverse for the trial court to reconsider its placement decision in accordance with the requirements of section 39.521(3)(b), Florida Statutes (2005), which governs placement determinations when there is a nonoffending parent who desires to assume custody of the child. After the…

17. P.M. v. Department of Children & Families 865 So. 2d 8 · 5D02-3569 · 5th DCA 2003

    Affirmed in part, reversed in part This opinion cites § 39.521 6 times: (3)(b), and the section generallyAlso cites § 39.521(1)(b)1., which couldn't be matched to today's text.

    · cited by 1 in all courts

    Foster placement and psychosexual evaluation affirmed, but remanded to clarify whether the child was found dependent as to the legal father given inconsistent rulings.

    …has not been found dependant as to P.M., a "non-offending" parent is not automatically entitled to the immediate unconditional custody of the child. Section 39.521(3)(b) requires the court to place a child adjudicated to be dependent as to one parent with the child's remaining non-residential parent if that parent so requests…

18. In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990

    This opinion cites § 39.521 6 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(1)(f)1.a., 39.41(1)(f) under the 1987 statutes, too old to match to today's subsections.

    · cited by 37 in all courts

    …in. Thus, she has neglected her child by permitting the child to live in an environment condemned by the Florida Juvenile Justice Act. See § 39.01(26) and § 39.41(1)(f)1.a. [sic] In In the Interest of Baby Boy A, 544 So.2d 1136, 1137 (Fla. 4th DCA 1989), the facts were that the biological father was incarcerated since…

19. Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990

    This opinion cites § 39.521 6 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(1)(f) under the 1986 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …in. Thus, she has neglected her child by permitting the child to live in an environment condemned by the Florida Juvenile Justice Act. See § 39.01(26) and § 39.41(l)(f)l.a. [sic] In In the Interest of Baby Boy A, 544 So.2d 1136, 1137 (Fla. 4th DCA 1989), the facts were that the biological father was incarcerated since…

20. White v. Department of Health & Rehabilitative Services 483 So. 2d 861 · 5D85-625 · 5th DCA 1986

    This opinion cites § 39.521 6 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1), 39.41(1)(f)3., 39.41(1)(f)1.d. under the 1983 statutes, too old to match to today's subsections.

    · cited by 16 in all courts

    …Section 39.403, Florida Statutes (1983), contemplates two stages in the proceeding: an adjudicatory hearing and a disposition hearing. [3] Under section 39.41(1)(f) a permanent commitment is but one of six authorized dispositions in a dependency proceeding, notwithstanding that section 39.41(1)(f), as well as section…

21. Burk v. Department of Health & Rehabilitative Services 476 So. 2d 1275 · SC65790 · Florida Supreme Court 1985

    This opinion cites § 39.521 6 times, a subsectionAlso cites § 39.41(1)(f)1.a., 39.41(1)(f)1., 39.41(6)(b) under the 1983 statutes, too old to match to today's subsections.

    · cited by 21 in all courts

    …PERFORMANCE *1277 PLAN AS PRESCRIBED BY SECTION 409.168 [FLORIDA STATUTES (1983)] IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. [FLORIDA STATUTES (1983)]. Id. at 222 . We have jurisdiction, article V, section 3(b)(4) of the Florida Constitution and answer the certified question…

22. T.S. v. State 464 So. 2d 677 · 5D84-552 · 5th DCA 1985

    This opinion cites § 39.521 6 times, a subsectionAlso cites § 39.41(1)(f)1., 39.41(1)(f)1.d., 39.41(1)(f)1.a., 39.41(1)(f) under the 1984 statutes, too old to match to today's subsections.

    …to recognizing learning problems and recommended against the placement. The final order in this case has three bases, viz: the mother neglected the child (§ 39.41(1)(f)1.a); the mother failed to substantially comply with a performance agreement (§ 39.41(1)(f)1.d.); and the mother abandoned the child (§ 39.41(1)(f)1.a.). It is…

23. In the Interest of T.S. v. Department of Health & Rehabilitative Services 464 So. 2d 677 · DCA84-552 · District Court of Appeal 1985

    This opinion cites § 39.521 6 times, a subsectionAlso cites § 39.41(1)(f) under the 1984 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …to recognizing learning problems and recommended against the placement. The final order in this case has three bases, viz: the mother neglected the child (§ 39.41(l)(f)l.a); the mother failed to substantially comply with a performance agreement (§ 39.41(l)(f)l.d.); and the mother abandoned the child (§ 39.41(l)(f)l.a.). It…

24. In Interest of C.M.H. 413 So. 2d 418 · 1DAE-88 · 1st DCA 1982

    This opinion cites § 39.521 6 times, a subsectionCited as § 39.41 (1981 statutes), now § 39.521Also cites § 39.41(1), 39.41(1)(d), 39.41(1)(f) under the 1981 statutes, too old to match to today's subsections.

    · cited by 22 in all courts

    …of dependency, the hearing for permanent commitment must take on aspects of adjudication and dependency because the powers of disposition in Section 39.41(1) are available only "when any child is adjudicated by a court to be dependent —" 2. In the Interest of J.F., 384 So.2d 713 (Fla. 3d DCA 1980), the…

25. K.E. v. Department of Children & Families 958 So. 2d 968 · 5D06-3294 · 5th DCA 2007

    Reversed & remanded This opinion cites § 39.521 5 times: (3)(b), and the section generally

    · cited by 9 in all courts

    Custody to the father and end of jurisdiction reversed because abandoning the reunification goal required a noticed case plan amendment and evidentiary hearing.

    …the dictates of chapter 39; however, the operation of its various provisions in a case where there is a non-offending parent is quite unclear. Section 39.521(3)(b), Florida Statutes (2006), provides: Section 39.521, Disposition hearings; powers of disposition.— (3) When any child is adjudicated by a court to be…

26. L.F. v. Department of Children & Family Services 837 So. 2d 1098 · 4D01-4152 · 4th DCA 2003

    Reversed & remanded This opinion cites § 39.521 5 times: (1)(c), (3)(b), (3)(c), and the section generallyCited as § 39.521(1)(b) (2002 statutes), now § 39.521(1)(c); § 39.521(3) (2002 statutes), now § 39.521(1)(c)

    · cited by 2 in all courts

    Order leaving both children in the father's permanent custody reversed because a stepfather is not a parent or relative and no noncompliance was found.

    …in the home of one or both of the parents, with a relative, with another *1102 adult approved by the court, or in the custody of the Department. See § 39.521(1)(b)3, Fla. Stat. (2002). In this case, the court chose to place the child with "a parent with whom the child was not residing at the time the events or conditions…

27. Roberts v. Department of Children & Families 687 So. 2d 51 · 3D96-3564 · 3rd DCA 1997

    This opinion cites § 39.521 5 times, a subsectionCited as § 39.41 (1995 statutes), now § 39.521Also cites § 39.41(1), 39.41(4)(b), 39.41(1)(b) under the 1995 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …no evidence, let alone the indispensable finding that the placement "would endanger the safety and well-being of the child," the mandatory terms of section 39.41(1), Florida Statutes (1995) [1] require that he be given custody. Contrary to the department's position here, the statute does not permit an independent…

28. In Interest of J.Z. 636 So. 2d 726 · 2D93-00740 · 2nd DCA 1993

    This opinion cites § 39.521 5 times, a subsectionAlso cites § 39.41(7), 39.41(1)(a)3.a. under the 1991 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …the performance *728 agreement and the trial court therefore failed to comply with statutory requirements in denying his motion to return custody. Section 39.41(7), Florida Statutes (1991), provides that upon expiration of the performance agreement, the child shall be returned to the natural parents if the parents have…

29. Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · 1D90-2475 · 1st DCA 1991

    This opinion cites § 39.521 5 times, a subsectionCited as § 39.41 (1989 statutes), now § 39.521Also cites § 39.41(5), 39.41(3) under the 1989 statutes, too old to match to today's subsections.

    · cited by 10 in all courts

    …dependent children who must be placed away from their families. Additionally, in the event that HRS is granted custody of the child or children under section 39.41, Florida Statutes, section 39.41(5) provides that the Department will have "the right to determine where and with whom the child shall live... ." See In the…

30. In Interest of K.A.F. 442 So. 2d 365 · 5D81-1354 · 5th DCA 1983

    This opinion cites § 39.521 5 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1)(f)1., 39.41(1)(f)1.a. under the 1981 statutes, too old to match to today's subsections.

    · cited by 18 in all courts

    …an order permanently committing her child, K.A.F., to the custody of the Department of Health and Rehabilitative Services for adoption pursuant to section 39.41(1)(f), Florida Statutes (1981). [1] The sole issue on appeal is whether the circuit court erred in severing the rights of the mother based on a finding of…

31. Fruh v. Department of Health & Rehabilitative Services 430 So. 2d 581 · 5D83-1 · 5th DCA 1983

    This opinion cites § 39.521 5 times, a subsectionAlso cites § 39.41(5) under the 1981 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …counseling activities deemed necessary for the rehabilitation of the child. Ch. 75-114, Laws of Florida. This provision is now codified as section 39.41(5). The department argues that the addition of this subsection changed the law and that now the trial court is authorized to order psychological evaluations of…

32. Green v. Department of Health & Rehabilitative Services 412 So. 2d 413 · 3D80-2221 · 3rd DCA 1982

    This opinion cites § 39.521 5 times, a subsectionCited as § 39.41 (1979 statutes), now § 39.521Also cites § 39.41(4), 39.41(1)(d) under the 1979 statutes, too old to match to today's subsections.

    · cited by 10 in all courts

    …proceedings. Ultimately, the petition for commitment was granted. As a consequence, the natural mother was permanently deprived of her rights to the child. § 39.41(4), Fla. Stat. (1979); In the Interest of C.M.M., 364 So.2d 788 (Fla. 1st DCA 1978); Thompson v. Department of Health and Rehabilitative Services, 353…

33. In Interest of J.F. 384 So. 2d 713 · 3D79-1223 · 3rd DCA 1980

    This opinion cites § 39.521 5 times, a subsectionAlso cites § 39.41(1)(d), 39.41(1) under the 1978 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …circuit court followed and employed the correct statute(s) governing a commitment proceeding. The mother contends that the court should have applied Section 39.41(1)(d) Florida Statutes (Supp. 1978) and the definition of "abandoned" contained in Section 39.01(1), Florida Statutes (Supp. 1978) which became effective October 1,…

34. H.P. v. Department of Children & Families 838 So. 2d 583 · 5D02-1026 · 5th DCA 2003

    Reversed & remanded This opinion cites § 39.521 4 times: (2)(o), (3)(b)Cited as § 39.521(2)(r) (2001 statutes), now § 39.521(2)(o)

    · cited by 28 in all courts

    Placement of the children with the Massachusetts mother vacated because the Interstate Compact applied and was not followed; court to decide interim residence.

    …a nonoffending parent when no detriment to the children is shown. 4. Discretion to terminate jurisdiction would not be exercised pursuant to Florida Statute 39.521(3)(b)1 because of a 1994 Massachusetts decree that awarded custody to the father. [1] The mother cross-appeals the trial court's reservation of jurisdiction. …

35. M.B. v. Department of Children & Families 785 So. 2d 1240 · 5D00-2722 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.521 4 times: (1), (1)(a)2., and the section generallyCited as § 39.508 (2000 statutes), now § 39.521; § 39.508(1) (1999 statutes), now § 39.521(1); § 39.508(6) (1999 statutes), now § 39.521(1)(a)2.

    · cited by 2 in all courts

    Dependency and disposition orders vacated: the feeding setback was inexperience, not neglect, and the court skipped required case plan, report and home study steps.

    …required *1242 to be filed with the court, served upon a parent, and provided to the GAL within 72 hours before the disposition hearing. See Fla. Stat. § 39.508 (1), (6), (9)(d) (2000); Fla. R. Juv. P. 8.400(a). 3. Failing to schedule a review hearing within 90 days after acceptance of case plan. See Fla. Stat. §…

36. C.C. v. Department of Children & Families 732 So. 2d 1125 · DCA98-2852 · District Court of Appeal 1999

    This opinion cites § 39.521 4 times: (1)(c), (1)(e)8.b., and the section generallyCited as § 39.41(2)(a) (1997 statutes), now § 39.521(1)(c); § 39.41(4)(b) (1997 statutes), now § 39.521(1)(e)8.b.; § 39.508(9)(a)8. (1998 statutes), now § 39.521(1)(c); § 39.508 (1998 statutes), now § 39.521

    · cited by 1 in all courts

    …an interested person, the mother is entitled to have the trial court hear her petition, which essentially is a motion for modification of placement. See § 39.41(2)(a)9a, Fla. Stat. (1997) 1 ; Fla. R. Juv. P. 8.345(b); In Interest of C.G., 612 So.2d 602 (Fla. 4th DCA 1992); Rumph v. Interest of V.D., 667 So.2d 998…

37. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 39.521 4 times, a subsectionCited as § 39.41 (1993 statutes), now § 39.521Also cites § 39.41(5), 39.41(1)(f), 39.41(6) under the 1993 statutes, too old to match to today's subsections.

    …by an order entered on June 30, 1993. [1] Pursuant to that order, S.D.V-H. was placed in the permanent custody of HRS for adoptive placement. See § 39.41, Fla.Stat. (1993). [2] HRS immediately arranged for a home study of the biological relatives who resided in upstate New York. After a favorable home study,…

38. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 39.521 4 times, a subsectionCited as § 39.41 (1993 statutes), now § 39.521Also cites § 39.41(5), 39.41(1)(f), 39.41(6) under the 1993 statutes, too old to match to today's subsections.

    · cited by 35 in all courts

    …by an order entered on June 30, 1993. 1 Pursuant to that order, S.D.V-H. was placed in the permanent custody of HRS for adoptive placement. See § 39.41, Fla.Stat. (1993). 2 HRS immediately arranged for a home study of the biological relatives who resided in upstate New York. After a favorable home study,…

39. Department of Health & Rehabilitative Services v. Brooke 573 So. 2d 363 · DCA90-2475 · District Court of Appeal 1991

    This opinion cites § 39.521 4 times, a subsectionCited as § 39.41 (1989 statutes), now § 39.521Also cites § 39.41(5), 39.41(3) under the 1989 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …dependent children who must be placed away from their families. Additionally, in the event that HRS is granted custody of the child or children under section 39.41, Florida Statutes, section 39.41(5) provides that the Department will have “the right to determine where and with whom the child shall live....” See In the…

40. In Interest of A.D.J. 466 So. 2d 1156 · 1DAV-422 · 1st DCA 1985

    This opinion cites § 39.521 4 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1)(f)1. under the 1981 statutes, too old to match to today's subsections.

    · cited by 18 in all courts

    …since the mother had consented to entry of an order of permanent commitment and the father had sexually abused the children within the meaning of section 39.41(1)(f)1 a, Florida Statutes (1981). [1] No other grounds were alleged. The petitions were not filed under the same docket numbers used in the pending dependency…

41. M.G. v. Department of Children & Families 161 So. 3d 481 · 5D14-1256 · 5th DCA 2014

    Reversed & remanded This opinion cites § 39.521 3 times: (1), and the section generally

    Dependency disposition reversed because the trial court adjudicated the children dependent without holding the required disposition hearing, as DCF conceded.

    …of Children and Families properly concedes that the trial court committed reversible error in failing to hold a disposition hearing as required by section 39.521, Florida Statutes. See § 39.521(1), Fla. Stat. (“A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in. the…

42. A.S. v. Department of Children & Family Services 113 So. 3d 77 · 2D12-3460 · 2nd DCA 2013

    Affirmed in part, reversed in part This opinion cites § 39.521 3 times: (3), (3)(b)1., (3)(b)2.

    · cited by 4 in all courts

    Dependency affirmed, but terminating jurisdiction after placement with the father reversed because the mother was complying with her plan and no evidentiary hearing was held.

    …court must hold an evidentiary hearing. See P.P. v. Dep’t of Children & Family Servs., 86 So.3d 556, 559 (Fla. 2d DCA 2012). We recognize that section 39.521(3)(b)(l), Florida Statutes (2011), gives a court the option to place a dependent child with a nonoffending parent and to terminate jurisdiction over the child. This is…

43. In re K.H. 8 So. 3d 1287 · 2D08-2555 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.521 3 times: (1), (3)(b)

    · cited by 1 in all courts

    Permanent placement with grandparents reversed because the court used a best-interest test instead of the nonoffending parent's presumptive right to placement absent endangerment.

    …Mother argues, among other things, that the trial court erred by applying the best interest standard to determine placement. The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically requires that the child be placed with the nonoffending parent "unless the court finds that such placement would…

44. T.S. v. Department of Children & Families 992 So. 2d 299 · 5D08-1064 · 5th DCA 2008

    Certiorari / writ granted This opinion cites § 39.521 3 times: (3)(b)

    Order denying placement with the non-offending out-of-state father quashed because the court used the best-interest standard instead of the endangerment standard.

    …of law by applying the best interest of the child standard under section 39.522(1), Florida Statutes (2007), instead of the standard set forth in section 39.521(3)(b) with regard to a non-offending parent who requests custody. Based upon allegations of the mother's abandonment and the father's unknown residence, the…

45. R.W. v. Department of Children & Families 909 So. 2d 402 · 1D04-4853 · 1st DCA 2005

    Affirmed This opinion cites § 39.521 3 times: (3)(b)

    Permanent custody with the non-offending father affirmed; the mother's substantial case plan compliance did not mandate return to her.

    …is adjudicated dependent, the court is required to place the child with a non-offending parent if one is available and certain conditions are met. See § 39.521(3)(b), Fla. Stat.; see also L.P., father of J.Q. v. Dep’t of Children & Families, 871 So.2d 306 (Fla. 1st DCA 2004). Those conditions are met here. Under…

46. J.H. v. Department of Children & Families 890 So. 2d 476 · 5D04-1876 · 5th DCA 2004

    Reversed & remanded This opinion cites § 39.521 3 times: (1), (2)(o)Cited as § 39.521(2)(r) (2003 statutes), now § 39.521(2)(o)Also cites § 39.521(1)(a), which couldn't be matched to today's text.

    · cited by 5 in all courts

    Dismissal and placement with the father reversed because the mother had no notice of a disposition hearing and no predisposition report or home study existed.

    …consent to the petition for dependency, she was still entitled to notice and an opportunity to be heard as to the dispositional aspect of the cause. See § 39.521(1), Fla. Stat. (disposition hearing shall be conducted if parents have consented to the finding of dependency or admitted the allegations in the petition). See…

47. G.S.H. v. K.H. 884 So. 2d 467 · 4D04-2008 · 4th DCA 2004

    Reversed This opinion cites § 39.521 3 times: (3)(b)

    Denial of the non-offending father's request for custody reversed because the court used a best-interest standard instead of finding endangerment.

    PER CURIAM. G.S.H., the father, files this appeal from the trial court’s denial of his motion to modify placement of his child, M.H., pursuant to section 39.521(3)(b), Florida Statutes (2003). He argues that the trial court applied the wrong legal standard in denying the motion and that there was insufficient evidence to…

48. Cleveland v. Department of Children & Families 868 So. 2d 1227 · 1D03-1744 · 1st DCA 2004

    This opinion cites § 39.521 3 times: (1)(c)3.Cited as § 39.521(1)(b)3. (2002 statutes), now § 39.521(1)(c)3.Also cites § 39.508(9)(a)3., which couldn't be matched to today's text.

    · cited by 4 in all courts

    …placed with a relative caregiver to receive a monthly Relative Caregiver Program benefit, the child must: * * * (3) Be adjudicated dependent pursuant to 39.508(9)(a)3. or 4., F.S., in (a) Court-ordered temporary legal custody of the relative, or (b) Court-ordered placement in the home of a relative under protective…

49. Department of Children & Families v. T.L. 854 So. 2d 819 · 4D03-1624 · 4th DCA 2003

    Reversed & remanded This opinion cites § 39.521 3 times: (2)(o)Cited as § 39.521(2)(r) (2002 statutes), now § 39.521(2)(o)

    · cited by 4 in all courts

    Placement of the child with her aunt reversed because the statutes required a completed home study before placing her with a relative.

    …foster care, then the new placement for the child must meet the home study criteria and court approval pursuant to this chapter. (emphasis added). Section 39.521(2)(r) provides the home study criteria required by the chapter: (r) If the child has been removed from the home and will be remaining with a relative or other…

50. B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002

    Affirmed This opinion cites § 39.521 3 times: (1)(c)2.Cited as § 39.521(1)(b)2. (2000 statutes), now § 39.521(1)(c)2.Also cites § 39.41(2)(a)3., 39.41(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    Order leaving the disabled child in the grandmother's long-term custody affirmed; despite the mother's case-plan compliance, return would be detrimental to the child.

    …continuing protective supervision by HRS effected a permanent placement for F.E., [3] the trial court's retention of jurisdiction notwithstanding. See § 39.41(2)(a)3., Fla. Stat. (1995) ("The termination of supervision may be with or without retaining jurisdiction, at the court's discretion, and shall in either case be…

51. W.R. v. Department of Children & Families 757 So. 2d 605 · 5D99-1832 · 5th DCA 2000

    Reversed This opinion cites § 39.521 3 times: (7)Cited as § 39.508(15) (1999 statutes), now § 39.521(7)

    · cited by 1 in all courts

    Retention of court jurisdiction after ending DCF supervision reversed: the child was home ten months, everyone agreed supervision should end, and nothing justified jurisdiction.

    …determine whether to terminate its jurisdiction based upon recommendations by the Department or the Guardian ad Litem, or any other relevant factors. See § 39.508(15). [1] At least six months must have elapsed since the child was returned to his/her parents before the court may terminate jurisdiction, as has occurred in…

52. Department of Health & Rehabilitative Services v. N.T. 670 So. 2d 1147 · DCA95-238 · District Court of Appeal 1996

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1993 statutes), now § 39.521Also cites § 39.41(1)(b) under the 1993 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …by clear and convincing evidence: (a) The child was adjudicated dependent pursuant to s. 39.409; and (b)l. A disposition order was entered pursuant to s. 39.41; .... and (c)l. The parent was informed of his right to counsel in the dependency proceeding pursuant to the Florida Rules of Juvenile Procedure; The…

53. Rumph v. Interest of V.D. 667 So. 2d 998 · 3D94-1470 · 3rd DCA 1996

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(4)(b) under the 1994 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …court based its ruling on competent substantial evidence, including the testimony of two experts who stated that a transfer would be harmful to the child. § 39.41(4)(b), Fla.Stat. (Supp. 1994). This is a temporary order, not a final disposition, and we hold that the court did not abuse its discretion. Affirmed. GERSTEN,…

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

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1991 statutes), now § 39.521Also cites § 39.41(4)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …the court resulting from a disposition hearing which adjudicated child dependent vacated where it lacked the specific findings of fact under sections 39.409(3) and 39.41(4)(a)(c)(3), Florida Statutes); accord Sigafoos v. HRS, 567 So.2d 1053 (Fla. 5th DCA 1990). An exception to this rule is that even if there are no written…

55. In Interest of T.S. 511 So. 2d 435 · 2D86-2926 · 2nd DCA 1987

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(6) under the 1985 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …third point that the court abused its discretion in ordering the parents to pay for psychological counseling, we find no abuse of discretion. Section 39.41, Florida Statutes (1985), entitled "Powers of Disposition" applies once a child is determined to be dependent, as T.S. is here. Subsection (1)(g) authorizes…

56. In Interest of R.W. 495 So. 2d 133 · SC68245 · Florida Supreme Court 1986

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(f)1. under the 1983 statutes, too old to match to today's subsections.

    · cited by 33 in all courts

    …22, 1986. OVERTON, Justice. This appeal from In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA 1986), concerns the constitutionality of section 39.41(1)(f)1.d, Florida Statutes (1983), which permits the permanent severance of a parent's rights to his or her children based solely on the parent's failure to…

57. Department of Health & Rehabilitative Services v. Pollock 495 So. 2d 133 · SC68245-2 · Florida Supreme Court 1986

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(f) under the 1983 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    OVERTON, Justice. This appeal from In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA 1986), concerns the constitutionality of section 39.41(l)(f)l.d, Florida Statutes (1983), which permits the permanent severance of a parent’s rights to his or her children based solely on the parent’s failure to…

58. In re J.N. 492 So. 2d 1118 · DCABK-366 · District Court of Appeal 1986

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1)(d) under the 1985 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …involved herein appeal from a final order of the trial court adjudging that the children should be permanently committed for adoption pursuant to Section 39.41(l)(f), Florida Statutes (1985). We affirm. In February 1984, the adoptive father was arrested in Jacksonville, Florida, and *1119 charged with sexual abuse of…

59. In Interest of K.A.B. 483 So. 2d 898 · 5D85-712 · 5th DCA 1986

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(d), 39.41(3), 39.41(1) under the 1985 statutes, too old to match to today's subsections.

    · cited by 20 in all courts

    …not been granted the authority to direct precisely where the child is cared for, but only to place the child in its custody. We agree with appellant. Section 39.41(1)(d) provides that a court which adjudicates a child to be dependent may place the child with the Department of Health and Rehabilitative Services. Section…

60. In Interest of R.W. 481 So. 2d 548 · 5D84-1414 · 5th DCA 1986

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(f)3.b. under the 1983 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …Judge. The appellant, Mary Pollack, has moved for rehearing. In our original opinion herein, we found that the issue of the constitutionality of section 39.41(1)(f)(3)(b), Florida Statutes (1983), [1] was not raised below; hence, we did not consider it. Upon further reflection and review of the record, we conclude the issue…

61. In Interest of J.R.C. 480 So. 2d 198 · 5D85-287 · 5th DCA 1985

    This opinion cites § 39.521 3 times, a subsectionAlso cites § 39.41(1)(f)1., 39.41(1)(f), 39.41(1)(f)3. under the 1983 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …clear and convincing evidence that Henderson's failure was substantial and as to the requirements she defaulted on, that they were not beyond her control. § 39.41(1)(f)1.d, Fla. Stat. (1983). [1] The essence of this case is summarized in paragraph 12 of the trial judge's final order: Both children have been neglected;…

62. Department of Health & Rehabilitative Services v. In the Interest of R.S. 467 So. 2d 777 · DCAAZ-420 · District Court of Appeal 1985

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1984 statutes), now § 39.521Also cites § 39.41(1)(g) under the 1984 statutes, too old to match to today's subsections.

    …in agreement, and adjudication of dependency was expressly withheld. The trial court subsequently ordered HRS to pay the aunt’s attorney’s fees, citing § 39.41(l)(g), Florida Statutes. In doing so, the court reasoned: ... This is a unique case. The aunt, through her attorney, took legal action to obtain an attorney for…

63. In Interest of C.B. 453 So. 2d 220 · 5D83-668 · 5th DCA 1984

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1983 statutes), now § 39.521Also cites § 39.41(1)(f)1.a. under the 1983 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …the court, having found a child dependent and not electing home supervision, has full authority to provide for the dependent child as set forth in section 39.41, Florida Statutes (1983). These dispositional powers include committing the child to the temporary legal custody of H.R.S. or, upon a finding of abandonment,…

64. In Interest of T.G.T. 433 So. 2d 11 · 1DAF-93 · 1st DCA 1983

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1981 statutes), now § 39.521Also cites § 39.41(1)(f), 39.41(3) under the 1981 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …we observe that permanent commitment is an appropriate disposition under these facts, Interest of C.M.H., 413 So.2d 418 (Fla. 1st DCA 1982). Section 39.41, Florida Statutes (1981), sets out the power of the court after adjudicating a child dependent. Subsection 39.41(1)(f) provides that the court may order the…

65. In Interest of J.R.T. 427 So. 2d 251 · 5D81-1434 · 5th DCA 1983

    This opinion cites § 39.521 3 times, a subsectionCited as § 39.41 (1981 statutes), now § 39.521Also cites § 39.41(3), 39.41(3)(a) under the 1981 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …of Legal Affairs), the trial judge ordered a petition for severance to be filed, thereby starting the clock on the notice provisions required by section 39.41, Florida Statutes (1981). We are also asked to rule on whether the uncle and aunt of J.R.T., who filed a petition for adoption of the minor child, have…

66. D.R. v. J.R. 203 So. 3d 952 · 5D15-3927 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.521 2 times: (3)(b), and the section generally

    · cited by 7 in all courts

    Placement with the out-of-state father and release of jurisdiction reversed for failing to comply with the ICPC; court must decide whether children stay pending ICPC.

    …attorney indicated to the court that, at disposition, she would seek to have the children placed with the father in Massachusetts pursuant to section 39.521(3)(b)l., Florida Statutes (2015). 2 *954 At the disposition hearing, DCF dismissed the dependency petition filed against the father, and the court adjudicated…

67. M.M. v. Department of Children & Families 189 So. 3d 134 · SC15-1544 · Florida Supreme Court 2016

    Other This opinion cites § 39.521 2 times, the section generally

    · cited by 35 in all courts

    Supreme Court held post-dependency orders subject to future modification, such as terminating supervision and limiting visitation, are nonfinal and reviewable by certiorari; Third District affirmed.

    …concluded that an order terminating supervision is not appealable because such orders do not necessarily conclude dependency proceedings. Id. (citing §§ 39.521, 39.621, Fla. Stat. (2014); Fla. R. Juv. P. 8.345; F.E., 1 So. 3d 305). Therefore, the Third District followed its precedent and treated the Father’s appeal…

68. R.J. v. Department of Children & Families 187 So. 3d 362 · 4D15-4026 · 4th DCA 2016

    Reversed & remanded This opinion cites § 39.521 2 times: (1)(c)3., and the section generallyCited as § 39.521(1)(b)3. (2014 statutes), now § 39.521(1)(c)3.

    · cited by 1 in all courts

    After a private dependency petition by a teen, court wrongly thought it could not place him in DCF custody; reversed and remanded for reconsideration.

    …are provisions which certainly grant the court the authority to compel DCF to provide services once a child is adjudicated dependent. Specifically, section 39.521 provides that: (b) when any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power by …

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

    Affirmed This opinion cites § 39.521 2 times: (3)(b)

    · 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.

    … There are indeed circumstances where the Court is permitted to terminate supervision — and jurisdiction — immediately upon adjudication. See, e.g., § 39.521(3)(b)l, Fla. Stat (2013) (authorizing the court to place an adjudicated child in the sole custody of an uncharged parent and terminate jurisdiction). The Court…

70. In the Interest of K.B.L v. a Minor 176 So. 3d 297 · 3D14-2746 · 3rd DCA 2015

    Affirmed This opinion cites § 39.521 2 times, the section generally

    · cited by 15 in all courts

    Dismissal of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the child lived safely with his mother.

    …appeal. Neither did the department oppose the petition below. The department’s position below was based on the legislative requirement, pursuant to section 39.521(b)1, Florida Statutes (2014), to provide protective supervision over the minor’s placement upon an adjudication of dependency. K.B.L.V., however, never sought…

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

    Other This opinion cites § 39.521 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.

    …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 pretrial); 39.809 (termination adjudicatory), Fla. Stat. (2014). …

72. L.M. v. Department of Children & Families 19 So. 3d 1153 · 5D09-1283 · 5th DCA 2009

    Reversed & remanded This opinion cites § 39.521 2 times: (3)(b)

    Order reversed because it both accepted a reunification case plan and placed the child with the father and closed the case, which is internally inconsistent.

    …In denying the mother’s motion for rehearing, the trial court explained that the award of sole custody to the father was made pursuant to section 39.521(3)(b)l., Florida Statutes (2008). Lastly, the trial court granted DCF’s motion to terminate jurisdiction. This appeal ensued. The trial court determined that…

73. P.S. v. Department of Children & Families 4 So. 3d 719 · 5D08-3140 · 5th DCA 2009

    Affirmed in part, reversed in part This opinion cites § 39.521 2 times: (1)(c)1., and the section generallyCited as § 39.521(1)(b)1. (2008 statutes), now § 39.521(1)(c)1.

    · cited by 4 in all courts

    A second dependency adjudication was improper under the statute, but requiring the father to complete a case plan was proper; remanded for a supplemental order.

    …by the trial court did serve the purpose of enabling the trial court to determine if it was appropriate to require the father to complete a ease plan. Section 39.521(l)(b)(l) specifically provides that when a child is adjudicated dependent, the court has the power to require a parent (or legal custodian) to participate in treatment…

74. C.B. v. Department of Children & Families 975 So. 2d 1158 · 5D07-2049 · 5th DCA 2008

    Certiorari / writ granted This opinion cites § 39.521 2 times, the section generally

    · cited by 6 in all courts

    Nonfinal appeal treated as certiorari; writ granted because the court could not reinstate supervision and remove never-adjudicated children without filing a new dependency action.

    …not give the court "full authority" over a child that is not adjudicated dependent. See § 39.507(5) & (6), Fla. Stat. (2006). In addition, although section 39.521(b)3 provides that the court's "termination of supervision may be with or without retaining jurisdiction," this provision, by the statute's express terms, only…

75. B.J. v. Department of Children & Families 974 So. 2d 527 · 3D07-2374 · 3rd DCA 2008

    Reversed This opinion cites § 39.521 2 times, the section generally

    · cited by 1 in all courts

    Denial of the mother's reunification motion and placement with an aunt reversed because no evidence showed placement with the mother would endanger the child.

    …T.W. (the "Younger Daughter"), a minor, and the custody release order granting temporary custody of the Younger Daughter to D.W., a paternal aunt. Section 39.521 of the Florida Statutes, provides in pertinent part: 3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate…

76. E.B. ex rel. A.B. v. Department of Children & Families 969 So. 2d 505 · 1D07-1303 · 1st DCA 2007

    Reversed & remanded This opinion cites § 39.521 2 times: (3)(b)

    Denial of placement with the out-of-state father reversed because the written order used a best-interest standard and conflicted with the oral endangerment finding.

    ROBERTS, J. E.B., the father, appeals from the trial court’s denial of his motion to modify placement of his children, A.B. and J.B., pursuant to section 39.521(3)(b), Florida Statutes (2006). He argues that there were not sufficient findings to support the denial and that the trial court applied the wrong legal standard.…

77. C.C. v. Department of Children & Families 946 So. 2d 548 · 5D06-1272 · 5th DCA 2006

    Reversed & remanded This opinion cites § 39.521 2 times: (3)(b)

    Dependency reversed because no evidence showed the father's domestic violence occurred in the child's presence; remanded for possible further evidence or a disposition hearing.

    …parent, would be entitled to custody of J.C. upon obtaining a positive home study, unless the court finds that placement with C.C. would endanger J.C. See § 39.521(3)(b), Fla. Stat. (2006). REVERSED and REMANDED. ORFINGER and MONACO, JJ., concur. ON MOTION FOR REHEARING OR CLARIFICATION PLEUS, C.J. We deny C.C.’s…

78. J.P. v. Department of Children & Families 855 So. 2d 175 · 5D03-207 · 5th DCA 2003

    Affirmed This opinion cites § 39.521 2 times, the section generally

    · cited by 10 in all courts

    Requiring a non-offending father to undergo a psychological evaluation as a case plan task was affirmed given his domestic violence and violent criminal history.

    …good cause exists to require an examination. Accord S.N. v. State Dep't of Health & Rehabilitative Servs., 529 So.2d 1156 (Fla. 1st DCA 1988). Section 39.521 of the Florida Statutes (2001) also provides such authority, stating in relevant part: 39.521. Disposition hearings; powers of disposition.— * * * …

79. 31 Foster Children v. Bush 329 F.3d 1255 · CA11-02-10180 · 11th Cir. 2003

    Affirmed in part, reversed in part This opinion cites § 39.521 2 times: (1)Also cites § 39.521(1)(a), which couldn't be matched to today's text.

    · cited by 336 in all courts

    Eleventh Circuit held Adoption Act provisions create no enforceable rights and upheld Younger abstention in a foster children class action, while vacating some claims for mootness or lack of standing.

    …are proven in the adjudicatory hearing and the child is determined to be dependent, the state court conducts a disposition hearing. Id. §§ 39.507(7); 39.521(1). The Department must prepare a written case plan and a predisposition study and file these items with the court no later than 72 hours before the…

80. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.521 2 times: (1)(c), (6)Cited as § 39.508(9)(a)8.b. (1999 statutes), now § 39.521(1)(c); § 39.508(14) (1999 statutes), now § 39.521(6)

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …the extent that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the return of the child to the home." § 39.508(9)(a)8.b., Fla. Stat. (1999); see also §§ 39.508(14), Fla. Stat. (1999) (providing that upon expiration of the case plan, or sooner if the parents have substantially…

81. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.521 2 times: (1)(c), (6)Cited as § 39.508(9)(a)8.b. (1999 statutes), now § 39.521(1)(c); § 39.508(14) (1999 statutes), now § 39.521(6)

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …the extent that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the return of the child to the home.” § 39.508(9)(a)8.b., Fla. Stat. (1999); see also §§ 39.508(14), Fla. Stat. (1999) (providing that upon expiration of the case plan, or sooner if the parents have substantially…

82. P.R. v. Department of Children & Families 745 So. 2d 1059 · DCA99-2733 · District Court of Appeal 1999

    This opinion cites § 39.521 2 times: (3)(b), and the section generallyCited as § 39.508 (1999 statutes), now § 39.521; § 39.508(8) (1999 statutes), now § 39.521(3)(b)

    · cited by 1 in all courts

    …the detention hearing the natural father, Pablo Rodriguez, requested custody of the minor children. 1 Without making any of the findings required by section 39.508, Florida Statutes, however, the court placed the children in a shelter. Section 39.508(8), Florida Statutes (1999), requires that when a child is removed…

83. A.G. v. Department of Children & Family Services 731 So. 2d 1260 · SC92-2 · Florida Supreme Court 1999

    This opinion cites § 39.521 2 times: (1)(c)Cited as § 39.41(2)(a) (1997 statutes), now § 39.521(1)(c)

    · cited by 9 in all courts

    …to the termination of parental rights statutory scheme, once an order adjudicating a child dependent is entered, a disposition order pursuant to section 39.41(2)(a), Florida Statutes (1997), may be entered which places the child in a setting according to the best interests of the child or requires certain services for the…

84. A.G. v. Department of Children & Families 721 So. 2d 414 · 4D98-1440 · 4th DCA 1998

    This opinion cites § 39.521 2 times: (1)(c)Cited as § 39.41(2)(a)9. (1997 statutes), now § 39.521(1)(c)Also cites § 39.41(2)(a)1., which couldn't be matched to today's text.

    · cited by 7 in all courts

    …also provide for termination of protective supervision, both are silent as to reinstatement of supervision where the child resides with the parent. Section 39.41(2)(a)(9)a, Florida Statutes (1997), provides that when a child has been adjudicated dependent, the court having jurisdiction of the child has the power to: Change…

85. A.G. v. Department of Children & Family Services 716 So. 2d 792 · 4D97-4231 · 4th DCA 1998

    This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1994 statutes), now § 39.521

    · cited by 4 in all courts

    …entered on November 14, 1997. The petitioners, within their appeal, argued that the trial court had failed to hold a disposition hearing pursuant to section 39.41, Florida Statutes (1994 Supp.) and to rule on petitioner A.G.'s motion to withdraw consent to the adjudication of dependency, pursuant to Florida Rule of…

86. L.Y. v. Department of Health & Rehabilitative Services 696 So. 2d 430 · 4D96-2384 · 4th DCA 1997

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(2)(a) under the 1995 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …by appellants whereby we would extend juvenile jurisdiction to L.Y. by reading it in para materia with section 39.40(2), Florida Statutes. Nor do sections 39.41(2)(a)10 and 39.45, Florida Statutes, change our view. Section 39.01(10), Florida Statutes, defines children as individuals under the age of 18. See also Gore v.…

87. Friedland v. Department of Health & Rehabilitative Services 661 So. 2d 1286 · 4D94-2364 · 4th DCA 1995

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(8) under the 1993 statutes, too old to match to today's subsections.

    … Raskin v. Raskin, 625 So.2d 1314 (Fla.4th DCA 1993); State ex rel. Pearson v. Johnson, 334 So.2d 54 (Fla.4th DCA 1976). In addition, section 39.41(8), Florida Statutes (1993), provides: The court may at any time enter an order ending its jurisdiction over any child, except that, when a child has been…

88. In Interest of C.G. 612 So. 2d 602 · 4D92-2246 · 4th DCA 1992

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(a), 39.41(1)(a)7. under the 1991 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …parents. HRS moved to have the Wedderburns' petition dismissed on grounds that they lacked standing to petition for modification of placement under section 39.41(1)(a)7, Florida Statutes (1991) which provides: (1)(a) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child shall…

89. In re S.H.P. 593 So. 2d 536 · DCA91-1269 · District Court of Appeal 1992

    This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1989 statutes), now § 39.521

    · cited by 1 in all courts

    …We reverse and remand for further proceedings. In part III of chapter 39, relating to dependency, there is no provision for permanent custody. Section 39.41 sets forth the trial court’s powers of disposition when a child is adjudicated to be dependent. The court may: (1) place the child under the protective…

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

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(d) under the 1989 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …often does, a valid order adjudicating dependency and committing the child to the temporary legal custody of HRS for placement in foster care (sections 39.409 and 39.41(1)(d), Florida Statutes), then, of course, upon the failure of HRS to prove its petition for permanent termination, the trial court may forthwith "enter an order…

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

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(d) under the 1989 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …often does, a valid order adjudicating dependency and committing the child to the temporary legal custody of HRS for placement in foster care (sections 39.409 and 39.41(1)(d), Florida Statutes), then, of course, upon the failure of HRS to prove its petition for permanent termination, the trial court may forthwith “enter an order…

92. In re L.M. 583 So. 2d 773 · DCA90-2486 · District Court of Appeal 1991

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(a), 39.41(1) under the 1989 statutes, too old to match to today's subsections.

    …ruled on the original petition and motion. Apparently the trial judge granted the original dependency petition because he ordered protective supervision. § 39.41(l)(a), Fla. Stat. (1989). Once ordered, protective supervision continues until terminated by the court or until the child reaches the age of 18. Id. We consider…

93. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1990 statutes), now § 39.521

    · cited by 12 in all courts

    …child(ren) ____ was/were ____ adjudicated dependent pursuant to section 39.409, Florida Statutes. (b) A disposition order was entered pursuant to section 39.41, Florida Statutes. (c) The parents were informed of their right to counsel in the dependency proceeding pursuant to the Florida Rules of Juvenile…

94. Department of Health & Rehabilitative Services v. C.G. 556 So. 2d 1243 · 5D89-2516 · 5th DCA 1990

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(3), 39.41(5) under the 1984 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …trial court order directing that a dependent child be placed at County Acres in Brevard County. Our holding in that case was based upon the wording of section 39.41(3), Florida Statutes (Supp. 1984), which expressly granted to HRS, as an agency granting legal custody, the right to determine where and with whom the dependent…

95. In Interest of Baby Boy 544 So. 2d 1136 · 4D88-2702 · 4th DCA 1989

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1)(f)3.a. under the 1985 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …rights. § 409.168(1)(b), Fla. Stat. (1985). Failure to make the offering, however, does not automatically preclude termination of parental rights. Sections 39.41(1)(f) and (f)(3)(a), Florida Statutes (1985), provide a mechanism whereby the trial court can permanently terminate a parent's rights and commit the child to an…

96. Dupes v. Department of Health & Rehabilitative Services 536 So. 2d 311 · 1DBR-426 · 1st DCA 1988

    This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(1)(g) under the 1981 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …and dependents were at the time of that decision substantially the same. Compare, section 39.11(1)(d) (powers of disposition as to delinquents) with section 39.41(1)(g) (powers of disposition as to dependents), Florida Statutes (1981). [2] Although some ambiguity exists by reason of the existence of two statutory…

97. In Interest of R.D.D. 518 So. 2d 412 · 2D86-1534 · 2nd DCA 1988

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f)1.a., 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168, [FLORIDA STATUTES (1983)] IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. [FLORIDA STATUTES (1983)]. In effect, Burk states that the parents must be offered a performance agreement before termination of parental rights. …

98. In re R.D.D. 518 So. 2d 411 · DCA86-1534 · District Court of Appeal 1988

    This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

    …OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168, [FLORIDA STATUTES (1983) ] IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(l)(f)l.a. [FLORIDA STATUTES (1983)]. In effect, Burk states that the parents must be offered a performance agreement before termination of parental rights. …

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

    This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1985 statutes), now § 39.521

    · cited by 2 in all courts

    …We also agree with the Merediths that the trial court erred in entering an income deduction order because, except when a valid order is entered under section 39.41, child support orders are not authorized under Chapter 39. Because of our *1390 determination that the order, which awarded temporary custody and found…

100. In Interest of I.B.J. 497 So. 2d 1265 · 5D86-8 · 5th DCA 1986

     This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1985 statutes), now § 39.521Also cites § 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …39.01(9)(b), Florida Statutes (1985), and permanently committing the child to a licensed child-placing agency for the purpose of subsequent adoption. § 39.41(1)(f), Fla. Stat. (1985). The natural mother was unmarried at the time of the birth of her child. The mother had been estranged from her family for two years and…

101. Darkes v. Department of Health & Rehabilitative Services 495 So. 2d 873 · 5D85-1680 · 5th DCA 1986

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f)3.a., 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

     · cited by 5 in all courts

     … 481 So.2d 548 (Fla. 5th DCA 1986); In the Interest of T.S. v. Dept. of Health and Rehabilitative Services, 464 So.2d 677 (Fla. 5th DCA 1985); § 39.41(1)(f)(3)(a), Fla. Stat. (1985). [4] In the Interest of T.S. v. Dept. of Health and Rehabilitative Services, 464 So.2d 677 (Fla. 5th DCA 1985); In the Interest…

102. A.T. v. Department of Health & Rehabilitative Services 490 So. 2d 155 · 1DBJ-378 · 1st DCA 1986

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

     · cited by 8 in all courts

     …a determination is impossible from a review of the order before us as its findings of fact are phrased almost entirely in the language of Sections 39.01(27) and 39.41(1)(f), Florida Statutes. Despite the deficiency in the findings, we nevertheless affirm, given the overwhelming evidence supporting permanent commitment, as well…

103. M.R.F. v. State 488 So. 2d 655 · DCABJ-110 · District Court of Appeal 1986

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(a) under the 1985 statutes, too old to match to today's subsections.

     …at the time of the hearing and both of them consumed alcohol on a regular basis. The testimony indicated that the sister’s home was not perfect, but section 39.41(l)(a), Florida Statutes (1985), does not require custodial placement to be perfect, only suitable. The sister is a close relative, with her own home, an interest in…

104. Pollock v. Department of Health & Rehabilitative Services 481 So. 2d 548 · DCA84-1414 · District Court of Appeal 1986

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f)3.b. under the 1983 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …Judge. The appellant, Mary Pollack, has moved for rehearing. In our original opinion herein, we found that the issue of the constitutionality of section 39.41(l)(f)(3)(b), Florida Statutes (1983), 1 was not raised below; hence, we did not consider it. Upon further reflection and review of the record, we conclude the issue was…

105. Henderson v. Department of Health & Rehabilitative Services 480 So. 2d 198 · DCA85-287 · District Court of Appeal 1985

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(f), 39.41(1)(f)3. under the 1983 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     … In the Interest of L.T. v. Department of Health and Rehabilitative Services, 464 So.2d 201 (Fla. 5th DCA 1985). These were not established here. Section 39.41(l)(f) provides termination may occur if a parent fails to substantially comply with a performance agreement, unless it is the result of conditions beyond the…

106. A.O. v. State 456 So. 2d 1173 · SC63974 · Florida Supreme Court 1984

     This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1981 statutes), now § 39.521Also cites § 39.41(1)(c) under the 1981 statutes, too old to match to today's subsections.

     …a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word "criminal." See State In Interest of M.S., 73 N.J. 238 , …

107. Carnrike v. Department of Health & Rehabilitative Services 442 So. 2d 1093 · DCA83-748 · District Court of Appeal 1983

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(4), 39.41(1)(f) under the 1981 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …4th DCA 1982). Accordingly, the order of permanent commitment is AFFIRMED. ORFINGER, C.J., concurs. COWART, J., dissents with opinion. . Section 39.41(4), Florida Statutes (1981). COWART, Judge, dissenting: I do not agree that section 39.01(1), Florida Statutes (1981), correctly defines “abandonment” in…

108. In Interest of R.V.F. 437 So. 2d 713 · 2D82-2451 · 2nd DCA 1983

     This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     · cited by 9 in all courts

     …regaining custody of his son and retained jurisdiction to entertain another petition for commitment if the father failed to carry out the agreement. Section 39.41, Florida Statutes (1981), provides: 39.41 Powers of disposition. — (1) When any child is adjudicated by a court to be dependent, the court having…

109. In re Guardianship of D.A. McW. 429 So. 2d 699 · 4D81-1568 · 4th DCA 1983

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(3)(a)2., 39.41(1)(f)1.a. under the 1981 statutes, too old to match to today's subsections.

     · cited by 28 in all courts

     …statute also provides that notice must be given to an unwed father who has acknowledged or has been adjudicated the natural father of a child. See § 39.41(3)(a)(2)(c-e), Fla. Stat. Given the fundamental interest of natural parents in the care, custody and management of their children, and the strong public policy which…

110. In re T.C. 417 So. 2d 775 · DCA81-1469 · District Court of Appeal 1982

     This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1979 statutes), now § 39.521Also cites § 39.41(1)(f) under the 1979 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …the petition and order under review, neglect, abuse, or abandonment could be the only grounds for terminating the natural mother’s rights to the child. 1 § 39.41, Fla.Stat. (1979); State v. M. T. S., 408 So.2d 662 (Fla. 3d DCA 1982). Therefore, absent clear and convincing proof of abandonment, the finding of the…

111. R.M.P. v. Jones 419 So. 2d 618 · SC60223 · Florida Supreme Court 1982

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1) under the 1980 statutes, too old to match to today's subsections.

     · cited by 19 in all courts

     …Court of Appeal. The district court denied her petition. Petitioner R.M.P. contends that the powers of disposition of a dependent child set forth in section 39.41(1), Florida Statutes (Supp. 1980), [1] do not authorize the juvenile court to impose conditions of behavior upon her, even though the almost identical language…

112. In Interest of J.S. 404 So. 2d 1144 · 5D81-1022 · 5th DCA 1981

     This opinion cites § 39.521 2 times, the section generallyCited as § 39.41 (1980 statutes), now § 39.521

     · cited by 16 in all courts

     …custody, she has no right to custody should the child be adjudged dependent. The trial court may choose between several dispositional alternatives. See § 39.41, Fla. Stat. (Supp. 1980). [4] Likewise, Chapter 39 is devoid of authority that would allow a grandparent to enter an ongoing dependency action solely in…

113. In re M.A.S. 398 So. 2d 483 · DCA80-1033 · District Court of Appeal 1981

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1)(d), 39.41(4) under the 1979 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …proceeding, the child was determined to be dependent. In a subsequent proceeding, the child was again determined to be dependent and pursuant to Section 39.41(l)(d), Florida Statutes (1979), the child was permanently committed to the Department of Health and Rehabilitative Services for subsequent adoption. The natural…

114. R.M.P. v. Jones 392 So. 2d 301 · 1DZZ-9 · 1st DCA 1980

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(1), 39.41(1)(a) under the 1979 statutes, too old to match to today's subsections.

     · cited by 11 in all courts

     …extract those portions relevant to the instant petition: * * * * * * Child's Contentions 1. That the powers of disposition as set forth in Section 39.41(1), Florida Statutes, do not authorize the Court lawfully to place conditions upon this dependent child. Therefore, the conditions being unlawfully imposed could…

115. J.M.J. v. State 389 So. 2d 1208 · 1D00-48 · 1st DCA 1980

     This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1978 statutes), now § 39.521Also cites § 39.41(1)(c) under the 1978 statutes, too old to match to today's subsections.

     …a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(1)(c) with § 39.41(1)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word "criminal." See State In Interest of M.S., 73 N.J. 238 , …

116. J.M.J. v. State 389 So. 2d 1208 · DCA00-48 · District Court of Appeal 1980

     This opinion cites § 39.521 2 times, a subsectionCited as § 39.41 (1978 statutes), now § 39.521Also cites § 39.41(1)(c) under the 1978 statutes, too old to match to today's subsections.

     · cited by 11 in all courts

     …a crime. See § 39.402(4). Also, the court may commit a delinquent to the custody of the department until the age of 19, not 18. Compare § 39.11(l)(c) with § 39.41(l)(c). Undoubtedly, the delinquent child incurs a stigma very much like that attached to the word “criminal.” See State In Interest of M.S., 73 N.J. 238 , …

117. Solomon v. McLucas 382 So. 2d 339 · 2D79-769 · 2nd DCA 1980

     This opinion cites § 39.521 2 times, a subsectionAlso cites § 39.41(4), 39.41(1)(d) under the 1978 statutes, too old to match to today's subsections.

     · cited by 26 in all courts

     …a commitment terminates the rights of natural parents and their consents are not necessary in subsequent proceedings for adoption of the child so committed. § 39.41(4), Fla. Stat. (Supp. 1978); § 63.062(3) and § 63.072(2). Fla. Stat. (1977). [3] The rights of a natural parent may be terminated not only in a Chapter 63…

118. J.S. v. Department of Children & Families 5D2024-0572 · 5th DCA 2024

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (1)(c)1.

     Dependency adjudication for medical neglect affirmed, but domestic-violence services were vacated from the case plan because the court found no domestic violence was established.

     …to establish that there was domestic violence, we vacate and remand for the court to remove domestic-violence-related services from the case plan. See §§ 39.521(1)(c)1., .6012(1)(a), .603(1)(f), Fla. Stat. (2023); A.G. v. Dep’t of Child. & Fams., 193 So. 3d 1097, 1100 (Fla. 4th DCA 2016) (per curiam); C.T. v. Dep’t of Child.…

119. R.R. v. Department of Children & Families 3D22-0013 · 3rd DCA 2022

     Certiorari / writ granted This opinion cites § 39.521 1 time, the section generally

     Certiorari granted quashing a case plan goal change to adoption because inadmissible hearsay is not competent evidence to amend a case plan under rule 8.420.

     …to conduct a judicial review of progress and compliance with case plan, which does not involve, but may trigger a hearing to amend the case plan); § 39.521, Fla. Stat. (2021) (a hearing concerning the temporary disposition of a child that has been adjudicated dependent or taken into custody because the parents…

120. J.G. v. Department of Children & Families 3D19-2206 · 3rd DCA 2020

     Dismissed This opinion cites § 39.521 1 time: (2)(o)

     Certiorari dismissed because the deported father, who did not seek custody, showed no irreparable harm from moving the child from the aunt to foster care.

     …to disclose relevant information that ultimately resulted in a negative home study. This permitted the court’s removal of R.G. from that environment. See § 39.521(2)(o), Fla. Stat. (2019). The Father had been previously deported, did not have custody, and does not now seek custody. Certiorari is an extraordinary…

121. Department of Children & Families v. J.F. 255 So. 3d 536 · 5D18-3091 · 5th DCA 2018

     Reversed & remanded This opinion cites § 39.521 1 time: (7)

     Order ending supervision and jurisdiction reversed because it came less than two months after reunification, while the statute requires six months.

     …over J.M.F. ("Child"), J.F. ("Father"), and H.K. ("Mother"). We reverse because in entering the order, the trial court ignored the provisions of section 39.521(7), Florida Statutes (2018), which require DCF to maintain supervision and the court to retain jurisdiction over the parties until six months after…

122. J.W. v. Department of Children & Families 249 So. 3d 764 · 2D17-5088 · 2nd DCA 2018

     Reversed & remanded This opinion cites § 39.521 1 time: (7)

     · cited by 1 in all courts

     Order ending supervision and reunifying the child with the mother reversed on the Department's concession that the court did not follow sections 39.521 and 39.522.

     …the Department's and the GALP's concessions of error to the extent they acknowledge that the circuit court failed to comply with the requirements of section 39.521(7), Florida Statutes (2017). We therefore reverse and remand the portion of the order that terminates the Department's supervision and the circuit court's…

123. K.C. v. Department of Children & Families 227 So. 3d 783 · 5D17-2266 · 5th DCA 2017

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     · cited by 1 in all courts

     Order giving the non-offending father permanent custody and closing the case reversed because the court made no finding that reunification with the compliant mother would be detrimental.

     …custody of her child to the non-offending parent (“Father”), denying reunification with her, and relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes (2015), resulting in an order permanently placing the child with Father. The Department of Children and Families concedes error. We have…

124. K.C. v. Department of Children & Families 5D17-2266-2 · 5th DCA 2017

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     Order giving the non-offending father permanent custody and closing the case reversed because the court made no finding that reunification with the compliant mother would be detrimental.

     …custody of her child to the non-offending parent ("Father"), denying reunification with her, and relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes (2015), resulting in an order permanently placing the child with Father. The Department of Children and Families concedes error. …

125. State v. M.A. 215 So. 3d 1276 · 1D16-5873 · 1st DCA 2017

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     Dismissal of the dependency case, effectively placing children with an out-of-state father, reversed because ICPC approval and a home study had not been obtained.

     …the Placement of Children (ICPC) as required by section 409.401, Florida Statutes, and the lack of a home study of the father’s residence in Indiana. See §§ 39.521(3)(b), 39.522(1), Fla. Stat. (2016). We agree with the Department, and hold that however well intentioned, the circuit court committed error in dismissing the…

126. E.Q. v. Department of Children & Families 208 So. 3d 1258 · 3D16-2108 · 3rd DCA 2017

     Affirmed This opinion cites § 39.521 1 time: (1)(e)8.b.Cited as § 39.521(1)(d)8.b. (2016 statutes), now § 39.521(1)(e)8.b.

     · cited by 5 in all courts

     Termination affirmed as unchallenged; denial of motion to transfer children to paternal grandparents affirmed because bonding with foster parents served their best interests.

     …Florida Statutes, the standard for ordering a change in the placement of a dependent child is the child’s best interest, and that: [S]ection 39.521(1)(d)8.b., Florida Statutes, expressly provides that when “no suitable relative is found and the child is placed with the department or a legal custodian”…

127. C.S. v. Department of Children & Families 204 So. 3d 121 · 2D16-1574 · 2nd DCA 2016

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     Order closing the case reversed on DCF's concession: no written dependency order, no disposition hearing, and no proper notice to the mother.

     …hearing. The Department concedes that, under the facts in this case, the trial court was required to conduct a disposition hearing under section 39.521, Florida Statutes (2015), before closing the case and terminating jurisdiction. Accordingly, we reverse and remand for the trial court1 to enter a written…

128. A.G. v. Department of Children & Families 193 So. 3d 1097 · 4D16-782 · 4th DCA 2016

     Reversed & remanded This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(1)(b) (2016 statutes), now § 39.521(1)(c)

     · cited by 1 in all courts

     Adjudication, disposition and case plan reversed because of improper in camera testimony, inadequate child competency inquiry, and child hearsay admitted without a reliability hearing.

     …also must also be vacated. We recognize that a trial court may order a non-offending parent to participate in treatment and services under a case plan. § 39.521(1)(b), Fla. Stat. (2016); C.K. v. Dep’t. of Children & Families, 949 So. 2d 336, 337 (Fla. 4th DCA 2007). The Case Plan in this case lists the “identified problem”…

129. Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016

     Certiorari / writ granted This opinion cites § 39.521 1 time: (4)

     · cited by 2 in all courts

     Writ granted quashing an order limiting DCF to one prospective adoptive family; selecting the adoptive home exceeded the court's authority and separation of powers.

     …1 year.” § 39.001(l)(h), Fla. Stat. (2015). “An agency granted legal custody shall have the right to determine where and-with whom the child shall live.”' § 39.521(4), Fla. Stat. (2015). Section 39.812, Florida Statutes (2015), the main statute at issue in this case, is titled “Postdisposition relief; petition for adoption”…

130. S.V. v. Department of Children & Families 178 So. 3d 421 · 3D15-0636-2 · 3rd DCA 2015

     Certiorari / writ denied This opinion cites § 39.521 1 time: (3)(b)

     · cited by 6 in all courts

     Certiorari denied: the trial court properly rejected the magistrate's reunification recommendation because the out-of-state father lacked capacity to meet the children's therapeutic needs.

     …more fundamentally, (ii) the record in Cerase plainly evidenced that 4The trial court reviewed whether the general magistrate’s interpretation of section 39.521(3)(b) of the Florida Statutes was correct. This statute establishes a child’s endangerment as the legal standard governing reunification of a child and a parent not…

131. S.V. v. Department of Children & Families 3D15-0636 · 3rd DCA 2015

     Certiorari / writ denied This opinion cites § 39.521 1 time: (3)(b)

     Certiorari denied: the trial court properly rejected the magistrate's reunification recommendation because the out-of-state father lacked capacity to meet the children's therapeutic needs.

     …more fundamentally, (ii) the record in Cerase plainly evidenced that 4The trial court reviewed whether the general magistrate’s interpretation of section 39.521(3)(b) of the Florida Statutes was correct. This statute establishes a child’s endangerment as the legal standard governing reunification of a child and a parent not…

132. M.M. v. Department of Children & Family Services 170 So. 3d 840 · 3D14-2372 · 3rd DCA 2015

     Certiorari / writ granted This opinion cites § 39.521 1 time, the section generally

     · cited by 1 in all courts

     Ending agency supervision upheld, but leaving the father's future contact solely to the children's discretion was quashed as barring his statutory right to seek modification.

     …of Children & Families, 1 So. 3d 305 (Fla. 3d DCA 2009). Because an order terminating supervision does not necessarily end a dependency proceeding, see §§ 39.521, 39.621, Fla. Stat. (2014); Fla R. Juv. P. 8.345, and based on this court’s conclusion in F.E. that such an order is not appealable, we treat the father’s…

133. V.A. v. Department of Children & Families 114 So. 3d 391 · 4D13-775 · 4th DCA 2013

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     Disposition order reversed on the agency's concession because the father was not given counsel or a proper waiver of counsel.

     …waiver before proceeding.”). Thereafter, the trial court shall hold the disposition hearing, and make the findings required for disposition under section 39.521, Florida Statutes (2012). Reversed and Remanded. MAY, C.J., GERBER and LEVINE, JJ., concur.

134. M.P. v. Department of Children & Family Services 107 So. 3d 515 · 2D12-5198 · 2nd DCA 2013

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (4)

     Dependency order largely affirmed, but language giving the department temporary physical custody was struck and contradictory grandparent-contact directives were remanded for clarification.

     …order and direct the trial court to strike the language indicating that DCF has the *517 right to have temporary physical custody of the children. See § 39.521(4), Fla. Stat. (2012) (“An agency granted legal custody shall have the right to determine where and with whom the child shall live, but an individual granted…

135. J.Z. v. Department of Children & Family Services 106 So. 3d 976 · CL4988483 · District Court of Appeal 2013

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (1)

     · cited by 3 in all courts

     Evidence supported dependency, but the order was reversed for new findings because it parroted the petition; oral findings cannot cure a defective written order.

     …representatives understand what the court found to be the reasons for dependency and to plan for remedial action. Furthermore, section 39.408(3) [now section 39.521(1) ] requires the court to review the order of adjudication to determine whether “the facts alleged in the petition for dependency were proven in the…

136. F.O. v. Department of Children & Families 94 So. 3d 709 · 5D12-892 · 5th DCA 2012

     Affirmed This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(1)(b) (2011 statutes), now § 39.521(1)(c)

     Order requiring the father to do case plan tasks affirmed without an abuse or neglect finding, because his conduct harmed the children's mental health.

     …& Families, 864 So.2d 486, 490 (Fla. 5th DCA 2004); J.P. v. Dep’t of Children & Families, 855 So.2d 175, 176 (Fla. 5th DCA 2003); see also § 39.521(l)(b), Fla.Stat. (2011). We find no merit to the other issues raised on appeal. AFFIRMED. PALMER and LAWSON, JJ., concur. . We agree with the father that…

137. S.T. v. Department of Children & Family Services 87 So. 3d 827 · 2D11-4544 · 2nd DCA 2012

     Reversed This opinion cites § 39.521 1 time: (1)(c)1.Cited as § 39.521(1)(b)1. (2010 statutes), now § 39.521(1)(c)1.

     · cited by 4 in all courts

     Dependency adjudication as to the mother reversed because no competent evidence showed she would fail to protect the children from the father's drinking.

     …custodian of the children during this dependency proceeding. As such, the trial court will have the authority to require her to take certain actions. See § 39.521(l)(b)(l), Fla. Stat. (2010). If, in her capacity as legal custodian, the mother fails or refuses to take the actions reasonably required by the trial court in the…

138. J.W. v. Department of Children & Families 84 So. 3d 1157 · 5D11-4189 · 5th DCA 2012

     Affirmed This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(1)(b) (2011 statutes), now § 39.521(1)(c)

     Order requiring the father to join dependency drug court as a case plan task affirmed because section 39.521 authorizes it despite the voluntary-entry statute.

     …drug court program, may oversee the progress and compliance with treatment by a person who has custody or is requesting custody of the child. § 39.521(l)(b)l., Fla. Stat. (2011). The evidence in this case supports the trial court’s decision to order intensive drug *1158 treatment for this parent. Accordingly,…

139. J.G. v. Department of Children & Families 82 So. 3d 1170 · 5D11-4592 · 5th DCA 2012

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     Adjudication and disposition quashed because the mother consented expecting reunification but was never warned the father could get sole custody and the case close.

     …further testimony or argument, the court rendered the order that is the subject of this appeal. The mother acknowledges that pursuant to section 39.521(3)(b), Florida Statutes (2011), a trial court has the authority to enter a disposition order closing the dependency case after awarding sole parental responsibility…

140. S.V.-R. v. Department of Children & Family Services 77 So. 3d 687 · 3D11-1580 · 3rd DCA 2011

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     · cited by 1 in all courts

     Reunification denial reversed: a substantially compliant mother is judged under the section 39.522(2) endangerment standard, not best-interest factors.

     …court approved those findings, that: KB.’s father was a non-offending parent with a “presumptive right to custody” pending any reunification; under section 39.521(3)(b)2, Florida Statutes (2010), changing custody back to the mother as a permanency disposition should be based on the “best interest of the child” standard and…

141. M.A.C. v. Department of Children & Families 73 So. 3d 327 · 1D11-3617 · 1st DCA 2011

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     · cited by 4 in all courts

     Placement with an out-of-state father reversed on concession: ICPC approval and a home study were missing and the mother got no evidentiary hearing.

     …to that placement and, because it is otherwise required by Florida law before changing placement, a statutorily-compliant home study. See §§ 409.401 and 39.521(S)(b), Fla. Stat. There is no record evidence that either of these requirements was met as of the date of the hearing at issue and the court’s order. Thus, the…

142. A.L. v. Department of Children & Families 53 So. 3d 324 · 5D10-1927 · 5th DCA 2010

     Reversed & remanded This opinion cites § 39.521 1 time: (3)Cited as § 39.521(3)(d) (2009 statutes), now § 39.521(3)

     · cited by 6 in all courts

     Order ending jurisdiction with the children placed with the father reversed; a vague 'maintain and strengthen' goal and a shortened case plan violated due process.

     …DCF was under no obligation to continue with the other goal. DCF claims at that point, the trial court could terminate supervision in accordance with section 39.521(3)(d), Florida Statutes (2009) (“Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the…

143. Department of Children & Families v. K.D. 45 So. 3d 46 · 5D09-4639 · 5th DCA 2010

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     · cited by 1 in all courts

     Youth's Road to Independence eligibility order reversed; foster care means licensed foster care, and constitutionality could not be raised sua sponte; question certified.

     …any person or family providing foster care must be licensed. A similar distinction between licensed foster care and non-relative placement is made in section 39.521, Florida Statutes (2009), which deals with the court's powers of disposition.

144. Department of Children & Families v. T.T. 42 So. 3d 962 · 5D09-4652 · 5th DCA 2010

     Reversed & remanded This opinion cites § 39.521 1 time: (7)

     · cited by 9 in all courts

     Orders reuniting children with an out-of-state mother and closing the case reversed because the court did not comply with the Interstate Compact.

     …the father’s pending request, if he still seeks reunification, through ICPC proceedings with the State of Ohio. In accord with the requirements of section 39.521(7), Florida Statutes (2009), when the trial court reunites the children with either parent, it shall not terminate its jurisdiction or DCF’s supervision over…

145. C.D. v. Department of Children & Families 32 So. 3d 749 · 5D09-2867 · 5th DCA 2010

     This opinion cites § 39.521 1 time, the section generally

     … Kelly A. Swartz, Rockledge, for Appellee. Hillary S. Kambour, Tavares, for Appellee Guardian Ad Litem Program. *750 PER CURIAM. AFFIRMED. § 39.521, Fla. Stat. (2008). PALMER, TORPY and COHEN, JJ., concur.

146. M.M. v. Department of Children & Families 29 So. 3d 1200 · 5D09-3669 · 5th DCA 2010

     Reversed & remanded This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(3) (2009 statutes), now § 39.521(1)(c)

     · cited by 7 in all courts

     Permanent custody to the non-offending father reversed because the court never decided whether the mother substantially complied or reunification would be detrimental.

     …of B.D. and S.D., appeals a final order awarding permanent custody of her two middle children to their *1201 non-offending father under section 39.521(3), Florida Statutes, and terminating jurisdiction over her dependency case. The final order was entered at a hearing on the mother’s motion for reunification…

147. R.M. v. Department of Children & Families 19 So. 3d 1029 · 5D09-2087 · 5th DCA 2009

     Other This opinion cites § 39.521 1 time, the section generally

     · cited by 5 in all courts

     Court held an order denying a post-disposition custody motion is appealable, then granted counsel's no-merit withdrawal and allowed the mother a pro se brief.

     …the debate about what is or is not a final order in a dependency case, it seems clear that the order of disposition in this case, rendered pursuant to section 39.521, Florida Statutes, is a final order, notwithstanding the court’s continuing jurisdiction to act on behalf of the child. Florida Rule of Appellate…

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

     Dismissed This opinion cites § 39.521 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.

     … 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 rule out the possibility that a grandparent would have legal rights sufficient to maintain a petition for writ of certiorari if the trial court…

149. R.S. v. Department of Children & Family Services 10 So. 3d 186 · 3D08-701 · 3rd DCA 2009

     Affirmed This opinion cites § 39.521 1 time: (7)

     Termination affirmed because competent evidence showed the mother, who refused or skipped visits and gave no support, abandoned her two children.

     …case plan, C.A. was reunified with R.S. On July 22, 2005, M.L. was reunified with R.S. The court retained jurisdiction over the children. See § 39.521(7), Fla. Stat. (2005). Four months later, on November 18, 2005, M.L. was returned to shelter care after stabbing her mother with a knife. On March 27,…

150. Guardian ad Litem Program v. R.A. 995 So. 2d 1083 · 5D08-1993 · 5th DCA 2008

     Certiorari / writ granted This opinion cites § 39.521 1 time: (1)(e)8.b.Cited as § 39.521(1)(d)8.b. (2008 statutes), now § 39.521(1)(e)8.b.

     · cited by 5 in all courts

     Order moving the child from her foster home to the grandmother quashed because the court wrongly assumed a relative preference instead of deciding best interests.

     …standard for ordering a change in the placement of a dependent child is the child's best interest. See § 39.522(1), Fla. Stat. (2008). In addition, section 39.521(1)(d)8.b., Florida Statutes, expressly provides that when "no suitable relative is found and the child is placed with the department or a legal custodian" in the first…

151. R.H. v. Department of Children & Family Services 994 So. 2d 1153 · 3D08-623 · 3rd DCA 2008

     Dismissed This opinion cites § 39.521 1 time: (3)(c)

     · cited by 1 in all courts

     Grandparents' appeal of a placement change to an aunt and uncle dismissed because they were participants, not parties, and lacked standing.

     …K.M.'s "legal custodian" in the sense that she was granted "temporary legal custody" of K.M. pursuant to the dependency disposition option listed in section 39.521(3)(c), which reads, in pertinent part: If no fit parent is willing or available to assume care and custody of the child, [the court may] place the child in the…

152. Department of Children & Families v. S.D. 983 So. 2d 655 · 3D08-1000 · 3rd DCA 2008

     Certiorari / writ granted This opinion cites § 39.521 1 time: (2)(o)Cited as § 39.521(2)(r) (2007 statutes), now § 39.521(2)(o)

     · cited by 1 in all courts

     Custody release order placing the infant with the grandmother quashed because it lacked the required best-interest finding and no shelter hearing had concluded.

     …yet failed to place in its order the statutorily required finding that the trial court determine such placement to be in the child’s best interest. See § 39.521(2)(r), Fla. Stat. (2007). The trial court departed from the essential requirements of the law by failing to follow this statutory requirement. 2 We grant the…

153. In re J.H. 979 So. 2d 363 · 2D07-2143 · 2nd DCA 2008

     Certiorari / writ granted This opinion cites § 39.521 1 time: (1)(c)1.Cited as § 39.521(1)(b)1. (2006 statutes), now § 39.521(1)(c)1.

     · cited by 7 in all courts

     Order limiting a nonoffending father to supervised visits pending an evaluation quashed because it was entered without notice and without factual support.

     …adjudicated dependent, the circuit court is authorized to order a nonoffending parent "to participate in treatment and services identified as necessary." § 39.521(1)(b)(1), Fla. Stat. (2006). Certainly, any such intrusion on the parental rights of the nonoffender must be justified by competent substantial evidence. See C.K.…

154. G.M. v. Department of Children & Families 969 So. 2d 569 · 1D07-1301 · 1st DCA 2007

     Affirmed This opinion cites § 39.521 1 time: (3)(b)

     · cited by 2 in all courts

     Long-term custody with the grandmother affirmed; placement with the non-offending father would endanger the child's emotional health given his refusal of family counseling.

     …visitation. We write to address Appellant's argument that the court abused its discretion by denying placement with him. Analysis Section 39.521(3)(b), Florida Statutes (2005), provides in pertinent part: If there is a parent with whom the child was not residing at the time the events or conditions arose…

155. C.K. v. Department of Children & Families 949 So. 2d 336 · 4D06-3486 · 4th DCA 2007

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(1)(b) (2006 statutes), now § 39.521(1)(c)

     · cited by 2 in all courts

     ICPC study required before placing child with out-of-state father was affirmed, but counseling and evaluation tasks were reversed for lack of evidentiary basis.

     …by entering those obligations. The trial court does have the authority to require a non-offending parent to participate in treatment and services. See § 39.521(1)(b), Fla. Stat.; J.P. v. Dep't of Children & Families, 855 So.2d 175 (Fla. 5th DCA 2003); D.M. v. Dep't of Children & Families, 807 So.2d 90 (Fla. 5th…

156. P.R. v. Department of Children & Families 936 So. 2d 754 · 4D05-4834 · 4th DCA 2006

     Reversed & remanded This opinion cites § 39.521 1 time: (3)Cited as § 39.521(3)(d) (2005 statutes), now § 39.521(3)

     · cited by 2 in all courts

     Order ending supervision with relatives' long-term custody reversed: DCF filed no required case plan, the mother got no amended plan, and custodians' powers were omitted.

     …39.601(9)(f), when the trial court amends a case plan, "[a] copy of the amended plan must be immediately given" to the child's parents. Lastly, section 39.521(3)(d) requires that "[t]he order terminating supervision by the department shall set forth the powers of the custodian . . . ." None of these requirements were met…

157. D.O.B. v. Department of Children & Family Services 928 So. 2d 491 · 2D05-3036 · 2nd DCA 2006

     Reversed This opinion cites § 39.521 1 time, the section generally

     Child support order against the disabled father reversed for lacking a motion, notice, guideline calculation, and findings; the mother must seek support separately.

     …this issue. Indeed, it is questionable whether the dependency court was authorized to adjudicate the issue of child support between these two parents. See § 39.521, Fla. Stat. (2004) (requiring disposition order to address child support “[i]f the child is in an out-of-home placement”). As such, G.J.G. will need to pursue…

158. R.C. v. Department of Children & Families 917 So. 2d 241 · 5D05-2412 · 5th DCA 2005

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     · cited by 2 in all courts

     Order suspending the father's visitation and amending his case plan reversed because hearsay account of abuse was not competent evidence for a case plan amendment.

     …So.2d 644, 646 (Fla. 5th DCA 2000); State v. Ochoa, 576 So.2d 854 (Fla. 3d DCA 1991). DCF urges on appeal that the hearsay was admissible. Section 39.521, Florida Statutes, dealing with disposition in dependency cases identifies many different kinds of evidence available, including the catch-all: "any other…

159. Department of Children & Families v. J.H. 907 So. 2d 1275 · 5D04-2665 · 5th DCA 2005

     Certiorari / writ granted This opinion cites § 39.521 1 time: (7)

     Order denying termination and returning the child to Alabama quashed for lacking findings, violating the Interstate Compact, and an inadequate record; new hearing ordered.

     …the receiving state must approve the transfer in advance. See Department of Children and Families v. Benway, 745 So.2d 437 (Fla. 5th DCA 1999); § 39.521(7), Fla. Stat. (2004). Respondents do not dispute this proposition of law but suggest that DCF could have accommodated this requirement through "visitation," if…

160. D.G. v. Department of Children & Families 903 So. 2d 1042 · 5D04-2524 · 5th DCA 2005

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     · cited by 6 in all courts

     Permanent custody with the father vacated; the mother substantially complied with her reunification plan, so the child must be returned absent findings of detriment.

     …Orlando, for Appellee. PER CURIAM. In this dependency case, the lower court changed custody of the minor child to the child's father pursuant to section 39.521(3)(b), Florida Statutes (2005). At the time of the order transferring custody, however, the mother had substantially complied with her case plan, which had the sole…

161. D.P. v. Department of Children & Families 889 So. 2d 867 · 5D04-1654 · 5th DCA 2004

     Affirmed This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(3) (2003 statutes), now § 39.521(1)(c)

     Short affirmance of a dependency placement ruling, citing section 39.521(3) and H.P. on placement with a nonresident parent under the ICPC.

     PER CURIAM. AFFIRMED. See section 39.521(3), Florida Statutes (2003) and H.P. v. Department of Children and Families, 838 So.2d 583 (Fla. 5th DCA 2003). SAWAYA, C.J., PETERSON and MONACO, JJ.,…

162. R.M. v. Department of Children & Families 877 So. 2d 797 · 5D04-130 · 5th DCA 2004

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (1)(e)7.Cited as § 39.521(1)(d)7. (2003 statutes), now § 39.521(1)(e)7.

     · cited by 2 in all courts

     Temporary child support may be ordered after shelter before adjudication, but the father was entitled to notice and a hearing on the amount; remanded.

     …IN PART; REMANDED. MONACO and TORPY, JJ., concur. NOTES [1] It is unclear why a second case number was assigned to these two orders. [2] Section 39.521(1)(d)(7), Florida Statutes, governing disposition hearings provides that if a child is placed in an out-of-home placement following a finding of dependency, child…

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

     Reversed & remanded This opinion cites § 39.521 1 time, the section generally

     · 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.

     …the arraignment, then E.K. would be exposed to potential liability for *723 child support after the child was adjudicated dependent. For instance, section 39.521(d)(7) provides that, for a child like S.M. who is in out-of-home placement, “the court may exercise jurisdiction over all child support matters, shall adjudicate…

164. L.P. v. Department of Children & Families 871 So. 2d 306 · 1D02-3950 · 1st DCA 2004

     Reversed This opinion cites § 39.521 1 time: (3)(b)

     · cited by 5 in all courts

     Order denying custody to a non-offending father reversed because speculation about evening child care was no compelling reason that placement would endanger the child.

     …the child with Appellant would compromise the child's safety and mental, physical, and emotional well-being. In so doing, the trial court erred. Section 39.521(3)(b), Florida Statutes (2002), provides that, following an adjudication of dependency, (b) If there is a parent with whom the child was not residing at the time…

165. J.L. v. G.L. 863 So. 2d 428 · 4D03-1999 · 4th DCA 2003

     Affirmed This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.521(1)(d), which couldn't be matched to today's text.

     · cited by 1 in all courts

     Denial of post-termination child support affirmed because a father whose rights were terminated is no longer a legal parent obligated to pay support.

     …the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s. 61.30.”); § 39.521(l)(d)7, Fla. Stat. (2003) (court’s powers of disposition where child is in out-of-home placement include power to require “child support to be paid by the…

166. Department of Children & Families v. Guardian ad Litem Program 855 So. 2d 688 · 1D03-0607 · 1st DCA 2003

     Affirmed This opinion cites § 39.521 1 time: (4)

     · cited by 1 in all courts

     Affirmed order disapproving DCF's prospective adoptive placement; the court may review the placement's appropriateness and best interests under s. 39.812(4), and evidence supported its findings.

     …a manner consistent with the Department’s own internal policies, and not in an arbitrary or capricious manner.” Id. at 495 . DCF also relies upon section 39.521(4), Florida Statutes (2002), which gives it the authority “to determine where and with whom the child shall live.” It argues that the court, by balancing the…

167. S.L. v. Department of Children & Families 852 So. 2d 372 · 5D02-2593 · 5th DCA 2003

     Affirmed This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.521(1)(b) (2002 statutes), now § 39.521(1)(c)

     · cited by 1 in all courts

     Placement of dependent children with the mother and maternal grandparents rather than the father affirmed; the court reasonably found return to him posed safety concerns.

     …of one or both of the parents or with a relative. L.F. v. Department of Children and Family Services, 837 So.2d 1098, 1101-1102 (Fla. 4th DCA 2003); § 39.521(1)(b)3, Fla. Stat. "Grandparent" is included in the definition of "relative." § 39.01(48), Fla. Stat. In the instant case, the department had stated, at a previous…

168. S.B. v. Department of Children & Families 845 So. 2d 1021 · 5D02-3346 · 5th DCA 2003

     Affirmed This opinion cites § 39.521 1 time: (1)(g)Cited as § 39.521(1)(f) (2001 statutes), now § 39.521(1)(g)

     Dependency findings affirmed as supported by evidence, but remanded for a written order matching the oral ruling and for written findings under s. 39.521(1)(f).

     …to the court’s oral pronouncements. In addition, the trial court on remand shall make written findings with respect to M.P. in accordance with section 39.521(l)(f), Florida Statutes (2001). AFFIRMED and REMANDED. THOMPSON, C.J., ORFINGER and MONACO, JJ., concur.

169. R.F. v. Department of Children & Families 844 So. 2d 821 · 5D02-3363 · 5th DCA 2003

     Affirmed This opinion cites § 39.521 1 time: (3)(b)

     · cited by 3 in all courts

     Denial of the father's reunification motion affirmed despite case plan compliance and a positive home study, because return would harm the children, who feared him.

     …the trial court should have ordered reunification because he had substantially complied with the case plan, and the home study was positive. Although section 39.521(3)(b), Florida Statutes, requires the trial court to place the children with the parent upon completion of a home study, this section and sections 39.522(2) and…

170. B.W. v. Department of Children & Family Services 842 So. 2d 1000 · 3D02-1557 · 3rd DCA 2003

     Affirmed in part, reversed in part This opinion cites § 39.521 1 time: (3)(b)1.

     · cited by 2 in all courts

     Dependency adjudication affirmed, but placement with the father and ending jurisdiction reversed because the required home study was not completed first.

     … because the court placed the child with the father without requiring the Department to complete and file a home study on the father as dictated by section 39.521(3)(b)(1), Florida Statutes (2001). M.B. v. Dep't of Children & Family Servs., 785 So.2d 1240 (Fla. 5th DCA 2001). Adjudication affirmed; cause remanded for…

171. D.S. v. Department of Children & Families 832 So. 2d 838 · 5D02-38 · 5th DCA 2002

     Affirmed This opinion cites § 39.521 1 time: (3)(b)

     · cited by 3 in all courts

     Affirmed: evidence did not show the father abandoned the children, placement with the non-offending father in California was proper, and the counseling requirement was supported.

     …law and its ruling is supported by competent substantial evidence in the record"). The court properly placed the younger children with the father. Section 39.521(3)(b), Florida Statutes, requires placement with a non-offending parent in the absence of a showing that the child would be endangered thereby: If there is a…

172. Y.G. v. Department of Children & Families 830 So. 2d 212 · 5D02-1535 · 5th DCA 2002

     Affirmed This opinion cites § 39.521 1 time: (1)(g)Cited as § 39.521(1)(f) (2001 statutes), now § 39.521(1)(g)

     · cited by 6 in all courts

     Dependency adjudication on prospective neglect affirmed, but remanded to conform the written order, which wrongly found abuse, to the court's oral ruling.

     …On remand, the trial court is reminded that a disposition order for an out-of-home placement must contain a written determination in accordance with section 39.521(l)(f), Florida Statutes (2001). Such a disposition order should be entered, if same has not been entered during the pendency of this appeal. DEPENDENCY AFFIRMED;…

173. L.W. v. Department of Children & Family Services 829 So. 2d 938 · 3D01-847 · 3rd DCA 2002

     Affirmed This opinion cites § 39.521 1 time, the section generally

     · cited by 2 in all courts

     Dependency affirmed as to the mother on neglect evidence, and as to the father because notice to his counsel supported his default; one judge dissented.

     …will loom over these parents' lives for the remainder of the child's minority, or until the court elects to terminate protective supervision. Fla. Stat. § 39.521 (1)(b)(3) (2001). In my view, the adjudications of dependency as to each parent were erroneous, albeit for different reasons, and I would reverse. THE…

174. Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002

     Certiorari / writ denied This opinion cites § 39.521 1 time: (4)

     · cited by 8 in all courts

     DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.

     …in the legal custody of the Department. This adjudication granted the Department "the right to determine *493 where and with whom the child shall live." § 39.521(4), Fla. Stat. (2000). It was pursuant to this grant of authority that the Department allowed J.C. to remain in the physical custody of Ms. Scott. On August…

175. S.F. v. Department of Children & Families 825 So. 2d 521 · 5D01-3681 · 5th DCA 2002

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)

     · cited by 2 in all courts

     Adjudication vacated and remanded because the order lacked written findings that the mother's consent plea was voluntary; the plea colloquy itself was proper.

     PALMER, J. S.F. (mother) appeals the final order entered by the trial court placing her daughter in the custody of the child’s father pursuant,to section 39.521(3)(b), Florida Statutes (2000). Although we find sufficient evidence in the record to support the court’s ruling adjudicating the child dependent in accordance with…

176. Department of Children & Families v. H.W.W. 816 So. 2d 1249 · 5D01-2347 · 5th DCA 2002

     Reversed This opinion cites § 39.521 1 time: (1)(c)3.Cited as § 39.521(1)(b)3. (2000 statutes), now § 39.521(1)(c)3.

     Order naming a relative caregiver, entered after an unnoticed, unrecorded chambers meeting without a hearing or notice to the parents, was vacated.

     …this chapter. Such placement may be either court-ordered temporary legal custody to the relative under protective supervision of the department pursuant to s. 39.521(l)(b)3., or court-ordered placement in the home of a relative as a permanency option pursuant to s. 39.622. The Relative Caregiver Program shall offer financial…

177. S.C. v. Department of Children & Families 816 So. 2d 816 · 5D01-3285 · 5th DCA 2002

     Reversed & remanded This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.508(9)(a)5.a., which couldn't be matched to today's text.

     Long-term custody order to grandparents vacated because it cited a repealed statute; the court must hold a new hearing under section 39.622.

     …long-term custody of A.C. and J.C., two of her minor children, to their paternal grandparents. The order is dated October 9, 2001 and cites to “section 39.508(9)(a)5.a. (I)-(VIII), Florida Statutes (2000),” as authority for the action. That statute had been repealed and did not exist on October 9, 2001. Therefore, we vacate…

178. F.M. v. Department of Children & Families 807 So. 2d 200 · 4D01-1476 · 4th DCA 2002

     Affirmed This opinion cites § 39.521 1 time: (3)(b)

     · cited by 4 in all courts

     Dependency and a case plan keeping the child with the father affirmed: neglect from the mother's intoxication supported dependency, and reunification with her was not required.

     …placed with her father, the statute makes clear that the court is not required to provide a case plan with a goal of reunification with the mother. Section 39.521(3)(b)2, Florida Statutes (2000), states: (3) When any child is adjudicated by the court to be dependent, the court shall determine the appropriate placement for…

179. S.E.R. v. J.R. 803 So. 2d 861 · 4D01-4142 · 4th DCA 2002

     Dismissed This opinion cites § 39.521 1 time: (3)(b)1.

     Certiorari dismissed: dependency custody orders take precedence over a domestic violence injunction custody award, but petitioners showed no irreparable harm from denial of dismissal.

     …court below may not enforce its custody *862 award because precedence is given to the custody orders entered in the dependency case. See §§ 39.013(4), 39.521(3)(b)1., Fla. Stat. (2001); Fla. R. Juv. P. 8.260(d). However, petitioners have failed to establish that the circuit court’s denial of the motion to dismiss causes…

180. J.C.G. v. Department of Children & Families 780 So. 2d 965 · 5D00-1964 · 5th DCA 2001

     Reversed & remanded This opinion cites § 39.521 1 time: (1)Cited as § 39.408(3) (1997 statutes), now § 39.521(1)

     · cited by 13 in all courts

     Abandonment-based dependency order vacated because it stated no factual findings; the evidence challenge and vagueness attack on the abandonment definition were rejected.

     …counselors, and H.R.S. representatives understand what the court found to be the reasons for dependency and to plan for remedial action. Furthermore, section 39.408(3) requires the court to review the order of adjudication to determine whether "the facts alleged in the petition for dependency were proven in the adjudicatory…

181. J.W.S. v. G.H. 766 So. 2d 390 · 1D99-3961 · 1st DCA 2000

     Reversed & remanded This opinion cites § 39.521 1 time: (3)(b)Cited as § 39.508(8) (1998 statutes), now § 39.521(3)(b)

     · cited by 1 in all courts

     Denial of the nonparticipating father's custody petition reversed; the court must decide whether placing the child with him would endanger her.

     …to a determination whether placing G.P. with him “will endanger the safety, well-being, or physical, mental or *391 emotional health of the child.” § 39.508(8), Fla. Stat. (Supp.1998). If not, “the father would be entitled to custody once his ability to care for [G.P.] was established.” In re Guardianship of D.A.…

182. A.G. v. Department of Children & Family Services 745 So. 2d 1158 · 4D97-4231-2 · 4th DCA 2000

     Dismissed This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1994 statutes), now § 39.521

     · cited by 3 in all courts

     Appeal dismissed: the 1994 order was a final disposition order and no timely appeal was taken, so the court lacks jurisdiction to review it.

     …appellants appealed subsequent orders. They argued, among other things, that the trial court erred in not holding a disposition hearing pursuant to section 39.41, Florida Statutes (1994). We dismissed the appeal insofar as it was an attempt to appeal the 1994 order because it was untimely, but redesignated the appeal…

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

     This opinion cites § 39.521 1 time: (3)(b)Cited as § 39.508(8) (1998 statutes), now § 39.521(3)(b)

     …custody of T.P. V.P. petitions for habeas corpus relief. We treat the petition as an expedited appeal from the placement order [1] and remand. Section 39.508(8), Florida Statutes, provides in relevant part: ... the court shall first determine whether there is a parent with whom the child was not residing at the time…

184. M.W. v. Davis 722 So. 2d 966 · 4D98-3547 · 4th DCA 1999

     This opinion cites § 39.521 1 time: (1)(c)Cited as § 39.508(9)(a) (1998 statutes), now § 39.521(1)(c)

     · cited by 1 in all courts

     …child to the temporary legal custody of the Department, that commitment "invests in the department all rights and responsibilities of a legal custodian." § 39.508(9)(a)7, Fla. Stat. (Supp.1998). The rights and responsibilities of the Department as custodian are explained in section *969 39.01(70), Florida Statutes…

185. In re M.K.S. 726 So. 2d 309 · 2D97-04882 · 2nd DCA 1998

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1995 statutes), now § 39.521

     …lasting and permanent psychological and emotional damage." The court placed the child in the temporary legal custody of the Phelpses pursuant to section 39.41, Florida Statutes (1995). The court ordered yearly reviews of the status of the child and the parties with the court to "make such findings and rulings as are…

186. M.S. v. Phelps 726 So. 2d 309 · DCA97-04882 · District Court of Appeal 1998

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1995 statutes), now § 39.521

     · cited by 6 in all courts

     …lasting and permanent psychological and emotional damage.” The court placed the child in the temporary legal custody of the Phelpses pursuant to section 39.41, Florida Statutes (1995). The court ordered yearly reviews of the status of the child and the parties with the court to “make such findings and rulings as are…

187. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(2)(a)9.a. under the 1995 statutes, too old to match to today's subsections.

     · cited by 13 in all courts

     …legal custody or protective supervision after a child has been adjudicated to be dependent. See § 39.044(9) & (10), Fla. Stat. (Supp.1996), §§ 39.402(11), 39.41(2)(a)9.a., Fla. Stat. (1995). Safety concerns are one factor that a court could take into consideration in deciding whether to enter a post-disposition order. The…

188. Gaines v. Department of Children & Families 711 So. 2d 190 · 5D97-1532 · 5th DCA 1998

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1995 statutes), now § 39.521

     · cited by 24 in all courts

     …since been released from jail and are living as a family with Baby Girl Gaines. Assuming for a moment the finding of dependency was valid, pursuant to section 39.41, Florida Statutes, the court at least should have considered providing services to the family or placing L.K. with an adult relative who was willing to care…

189. K.T. v. Department of Children & Families 706 So. 2d 1385 · DCA97-3141 · District Court of Appeal 1998

     This opinion cites § 39.521 1 time: (3)(b)Cited as § 39.41(1) (1997 statutes), now § 39.521(3)(b)

     · cited by 1 in all courts

     …Dep’t of Children & Families, 687 So.2d 51 (Fla. 3d DCA 1997). Because, as in Roberts , there is neither evidence nor the finding mandated by section 39.41(1), Florida Statutes (1997), that placing the child with his natural mother “would endanger [his] safety and well-being,” we order that effective Thursday, April…

190. P.B. v. Department of Children & Family Services 709 So. 2d 590 · 4D97-3759 · 4th DCA 1998

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1997 statutes), now § 39.521

     · cited by 7 in all courts

     …by Florida Rule of Juvenile Procedure 8.315(b). We also affirm the shelter order placing Appellants' autistic child in a therapeutic facility. Section 39.41 (2)(a), Florida Statutes, states in pertinent part: (a) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child…

191. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d)1. under the 1979 statutes, too old to match to today's subsections.

     …court could permanently commit a child to the Department of Health and Rehabilitative Services, or to a licensed child-placement agency for adoption. See § 39.41(1)(d)1., Fla. Stat. (1979). The chapter further directed that in any dependency proceeding the state attorney, or his designated representative, would represent the…

192. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d) under the 1979 statutes, too old to match to today's subsections.

     · cited by 15 in all courts

     …court could permanently commit a child to the Department of Health and Rehabilitative Services, or to a licensed child-placement agency for adoption. See § 39.41(l)(d)l., Fla. Stat. (1979). The chapter further directed that in any dependency proceeding the state attorney, or his designated representative, would represent the…

193. Herda v. Department of Health & Rehabilitative Services 673 So. 2d 977 · DCA96-0205 · District Court of Appeal 1996

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(2)(a) under the 1995 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …not an issue of the absence of jurisdiction. We deem the order of the Martin County circuit court as a termination of the jurisdiction of that court. See § 39.41(2)(a)3, Fla.Stat. (1995). The Broward circuit court order was entered in 1991 and ordered HRS to take physical and legal custody of the child, who was bom with…

194. Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(a)7.a. under the 1992 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     …8.345, Florida Rules of Juvenile Procedure, to which rule 8.320 would apply, even though the trial court considered it as being conducted pursuant to section 39.41(1)(a)7.a., Florida Statutes (Supp.1992), which authorizes the trial court to: 7.a. Change the temporary legal custody or the conditions of protective supervision …

195. Nicoll v. Baker 668 So. 2d 989 · SC85493 · Florida Supreme Court 1996

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1993 statutes), now § 39.521

     · cited by 30 in all courts

     …under Title IV-D of the Social Security Act; or (b) Support for a child who is placed under the custody of someone other than the parent pursuant to s. 39.41. § 88.031, Fla.Stat. (1993). A basic rule of law controls: When the words of a statute are plain and unambiguous and convey a definite meaning, courts …

196. Department of HRS v. P.H. 659 So. 2d 1375 · 1D94-2200 · 1st DCA 1995

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(2)(a) under the 1993 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …"makes only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned." [2] § 39.41(2)(a), Fla. Stat. (1993), provides in part: (1)(a) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the…

197. Nicoll v. Baker 652 So. 2d 417 · DCA94-02684 · District Court of Appeal 1995

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1993 statutes), now § 39.521

     · cited by 1 in all courts

     …under Title IV-D of the Social Security Act; or (b) Support for a child who is placed under the custody of someone other than the parent pursuant to s. 39.41. § 88.031(20), Fla.Stat. (1993). . In the only case that has mentioned the new definition in chapter 88, the supreme court rejected an argument that…

198. Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1991 statutes), now § 39.521

     · cited by 24 in all courts

     …to child custody and commitment proceedings to both HRS and to the circuit courts. Hollis, 439 So.2d at 948 ; see, e.g., §§ 39.001, 39.40, 39.404, 39.41, 409.145, Fla. Stat. (1991); see generally In re J.S., 444 So.2d at 1150 . To determine whether the particular activity is an exclusive power of one…

199. In re S.J. 639 So. 2d 183 · DCA93-1209 · District Court of Appeal 1994

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(4)(b) under the 1993 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …to make reasonable efforts to reunify the family. See § 39.464(5), Fla.Stat. .(1991). The only defi *185 nition of “reasonable efforts” is found in section 39.41(4)(b) which addresses the court’s powers of disposition in dependency proceedings. It defines “reasonable efforts” as “the exercise of reasonable diligence and care…

200. Anderson v. Department of Health & Rehabilitative Services 635 So. 2d 162 · DCA93-152 · District Court of Appeal 1994

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1991 statutes), now § 39.521

     PER CURIAM. The Orders of Adjudication of Dependency and of Disposition are vacated and we remand for entry of the findings required by sections 39.408 and 39.41, Florida Statutes (1991). See, Williams v. Department of Health and Rehabilitative Services, 568 So.2d 995 (Fla. 5th DCA 1990). ORDERS VACATED;…

201. In Interest of F.A.C. 625 So. 2d 909 · 2D92-02235 · 2nd DCA 1993

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1. under the 1983 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     …1986), relied upon by this court, was inapplicable as the result of statutory changes in chapter 39. The supreme court in R.W. held unconstitutional section 39.41(1)(f)1.d, Florida Statutes (1983), which allowed termination of parental rights for failure to comply with a performance agreement. The basis of the ruling was the…

202. Kingsley v. Kingsley 623 So. 2d 780 · 5D92-2430 · 5th DCA 1993

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1992 statutes), now § 39.521

     · cited by 64 in all courts

     …experience to express a preference. * * * * * * § 39.467(2), Fla. Stat. (Supp. 1992). We emphasize, however, that under section 39.467 (formerly section 39.41(f)), a trial court is authorized to terminate a natural parent's rights only if the trial court finds by clear and convincing evidence that termination is in the…

203. In Interest of D.F. 622 So. 2d 1102 · 1D92-3529 · 1st DCA 1993

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1992 statutes), now § 39.521

     · cited by 9 in all courts

     …by clear and convincing evidence: (a) The child was adjudicated dependent pursuant to s. 39.409; and (b)1. A disposition order was entered pursuant to s. 39.41; 2. Any of the elements of s. 39.464 is met; or 3. The persons served with notice under s. 39.462 fail to respond to the notice as provided in s.…

204. C.L.K. v. Department of Health & Rehabilitative Services 622 So. 2d 29 · DCA92-00737 · District Court of Appeal 1993

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1) under the 1990 statutes, too old to match to today's subsections.

     …that removes a healthy newborn and a year-old sibling from their mother, and places them in the home of a relative for protective supervision. See § 39.41(l)a, Fla.Stat. (Supp.1990). 1 Cf. § 415.503(9)(g), Fla.Stat. (Supp.1990) (“harm” to a child for purposes of the Child Abuse Training Act includes a mother’s…

205. In Interest of R.J. 586 So. 2d 496 · 1D91-227 · 1st DCA 1991

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1990 statutes), now § 39.521

     · cited by 8 in all courts

     …clear and convincing evidence: (a) The child was adjudicated dependent pursuant to s. 39.409; and (b)1. A disposition order was entered pursuant to s. 39.41; 2. Any of the elements of s. 39.464 is met; or 3. The persons served with notice under s. 39.462 fail to respond to the notice as provided in s.…

206. Department of Health & Rehabilitative Services v. M.G. 584 So. 2d 600 · 2D91-00349 · 2nd DCA 1991

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1983 statutes), now § 39.521

     · cited by 2 in all courts

     …arrest warrants remained outstanding concerning the mother. In January 1984, HRS filed a petition for permanent commitment of the child pursuant to section 39.41, Florida Statutes (1983). Copies of the petition were sent to each parent in Israel by registered mail. Apparently, there is no written proof that the…

207. Jordan v. Department of Health & Rehabilitative Services 579 So. 2d 331 · DCA90-02277 · District Court of Appeal 1991

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1989 statutes), now § 39.521

     PER CURIAM. This cause is before us on appeal from an order of disposition under Section 39.41, Florida Statutes (1989). We find the evidence adduced at the disposition hearing sufficient to support an adjudication of dependency as to both children.…

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

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d) under the 1989 statutes, too old to match to today's subsections.

     …... within 10 calendar days” and to pay all fees, costs, and expenses associated with the hospitalization and medical treatment of V.L. We reverse. Section 39.41(l)(d), Florida 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 …

209. Williams v. Department of Health & Rehabilitative Services 568 So. 2d 995 · 5D89-1822 · 5th DCA 1990

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(4)(a) under the 1987 statutes, too old to match to today's subsections.

     · cited by 12 in all courts

     …facts upon which the finding is made, and the court shall thereafter have full authority under this chapter to provide for the child as adjudicated. Section 39.41(4)(a) through (c)(3), Florida Statutes (1988 supp.), requires findings in the order of disposition: (a) If the court commits the child to the temporary legal…

210. In re C.S. 553 So. 2d 355 · DCA88-2652 · District Court of Appeal 1989

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d) under the 1987 statutes, too old to match to today's subsections.

     …to whether any competent substantial evidence was presented to support the findings in the order of disposition. Having read the record and reviewed section 39.41(l)(d); (e) and (f), Florida Statutes (1987), I am now satisfied that there was record support for those findings and I therefore concur in the affirmance.

211. W.B. v. M.W. 535 So. 2d 686 · DCA88-55 · District Court of Appeal 1988

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(a) under the 1987 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …some protection from future sexual abuse.” Also, the order contains a provision for continuing supervision by HRS of the mother’s custody which, under section 39.41(l)(a), is a provision which may be incident to a dependency determination. As to the custody dispute portion of the proceeding, the trial court recognized that…

212. In Interest of R.K. 535 So. 2d 312 · 2D87-2812 · 2nd DCA 1988

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1. under the 1983 statutes, too old to match to today's subsections.

     · cited by 7 in all courts

     …This timely appeal followed. The primary issue in a permanent commitment hearing is the determination of the manifest best interests of the child. § 39.41(1)(f)1., Fla. Stat. (1983). There is also, however, a constitutionally protected interest in preserving the family unit and raising one's children. Because the…

213. In the Interest of D.J.S. v. Department of Health & Rehabilitative Services 563 So. 2d 652 · DCA88-141 · District Court of Appeal 1988

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)3. under the 1985 statutes, too old to match to today's subsections.

     … . These agreements required, inter alia, that appellant obtain a drug and alcohol evaluation and attend classes on parenting and child behavior. . § 39.41(l)(f)3.b„ Fla.Stat. (1985); § 39.467(2)(d)2.(e), Fla.Stat. (1987).

214. In Interest of C.N.G. 531 So. 2d 345 · 5D87-235 · 5th DCA 1988

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1987 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     … The mother argues that her parental rights cannot be permanently terminated solely because it is in the best interest of the child and that under section 39.41(1)(f), Florida Statutes, and numerous cases [6] interpreting that statute, her constitutional right to maintain her parental relationship with her child cannot be…

215. K.H. v. Department of Health & Rehabilitative Services 527 So. 2d 230 · 1D87-1509 · 1st DCA 1988

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)3.a. under the 1985 statutes, too old to match to today's subsections.

     · cited by 12 in all courts

     …for or cause the condition. Proof of such a determination in a permanent commitment setting is required by clear and convincing evidence, see Section 39.41(1)(f)3.a., Florida Statutes, as opposed to the preponderance of evidence standard demanded for determining a child dependent. See Section 39.408(2)(b), Florida…

216. Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1987 statutes), now § 39.521

     · cited by 9 in all courts

     …agreement or permanent placement plan, the six month judicial review, custody and the termination of supervision and/or jurisdiction. Fla.Stat. §§ 39.41; 409.168. At each stage of the proceeding, the court must advise the parent or custodian of their right to have counsel present, and to have court-appointed…

217. In re S.G. 517 So. 2d 125 · DCA4-86-2814 · District Court of Appeal 1987

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …awarded it by the court over HRS’ objections. However, in light of the fact that the child had already been permanently committed to HRS, pursuant to section 39.41(l)(f), Florida Statutes (1985), it was error to award permanent custody of that child to persons who did not qualify under that statute. We come to this…

218. J.V. v. State 516 So. 2d 1133 · 1D87-267 · 1st DCA 1987

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1986 statutes), now § 39.521

     …supervision of the child, placement of the child in the temporary legal custody of one other than the parents, or even permanent commitment. See § 39.41, Fla. Stat. Because of such potential sanctions, and the onus attached to such an adjudication, we conclude that the provisions of Chapter 39, relating to…

219. In the Interest of J.V. v. State 516 So. 2d 1133 · DCA87-267 · District Court of Appeal 1987

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1986 statutes), now § 39.521

     · cited by 2 in all courts

     …supervision of the child, placement of the child in the temporary legal custody of one other than the parents, or even permanent commitment. See § 39.41, Fla.Stat. Because of such potential sanctions, and the onus attached to such an adjudication, we conclude that the provisions of Chapter 39, relating to…

220. Glennon v. Department of Health & Rehabilitative Services 506 So. 2d 1131 · DCA86-1970 · District Court of Appeal 1987

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1985 statutes), now § 39.521

     · cited by 3 in all courts

     …finds the appellants have not complied with the terms of the performance agreement, then the court shall proceed appropriately pursuant to the sections under 39.41 and 409.168. Affirmed in part; reversed in part; and remanded with directions. CAMPBELL and SANDERLIN, JJ., concur.

221. In Interest of N.W. 506 So. 2d 80 · 1DBO-67 · 1st DCA 1987

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(6) under the 1985 statutes, too old to match to today's subsections.

     · cited by 7 in all courts

     …we find D.B. analogous to the instant case since the trial court had authority to require that the father seek counseling and treatment. Section 39.41(6), Florida Statutes (1985), provides: (6) In carrying out the provisions of this chapter, the court may order the natural parents or legal guardian of a child…

222. In re R.N.G. 507 So. 2d 136 · DCABM-318-2 · District Court of Appeal 1987

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1985 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …for adoption. However, the court failed to make a specific finding that the children had been either abused, abandoned, or neglected, as required by section 39.41(l)(f), Florida Statutes (1985). In the Interest of R.W., 495 So.2d 133 (Fla.1986); In the Interest of S.N.W., 501 So.2d 37 (Fla. 1st DCA 1986); In the…

223. In Interest of D.E.N. 504 So. 2d 514 · 5D86-84 · 5th DCA 1987

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)3.a. under the 1985 statutes, too old to match to today's subsections.

     · cited by 5 in all courts

     …parental rights alleged, however imperfectly, that Nicholson was guilty of abuse and neglect of D.E.N. These are sufficient grounds for termination. See § 39.41(1)(f)3.a., Fla. Stat. (1985). It is abundantly clear from the record of the permanent commitment proceedings below that Nicholson and her counsel were aware, from…

224. Spankie v. Department of Health & Rehabilitative Services 505 So. 2d 1357 · 5D86-1049 · 5th DCA 1987

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)3.a. under the 1985 statutes, too old to match to today's subsections.

     · cited by 10 in all courts

     …abuse or abandonment by clear and convincing evidence. Id.; Darkes v. Dept. of Health and Rehab. Services, 495 So.2d 873 *1358 (Fla. 5th DCA 1986); § 39.41(1)(f)(3)(a), Fla. Stat. (1985). In In the Interest of J.L.P., 416 So.2d 1250 (Fla. 4th DCA 1982), the court held that neglect or abuse may be established…

225. In Interest of J.L.C. 501 So. 2d 92 · 1DBN-194 · 1st DCA 1987

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1985 statutes), now § 39.521

     · cited by 5 in all courts

     …and this court in In re P.A.D., 498 So.2d 1342 (Fla. 1st DCA 1986). Those decisions, while holding unconstitutional the statutory provision in section 39.41, Florida Statutes (1985), authorizing termination of parental rights solely for failure to substantially comply with the terms of a performance agreement, do…

226. In Interest of J.M. 499 So. 2d 929 · 1DBM-286 · 1st DCA 1986

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1985 statutes), now § 39.521

     · cited by 3 in all courts

     …on its own motion, permanent placement of the children. Appellant also contends that the circuit court failed to comply with the provisions of section 39.41(e), Florida Statutes (1985). To support her position, appellant argues that this provision requires proof of a change in the custodian's situation or that of the…

227. In Interest of B.W. 498 So. 2d 946 · SC68192 · Florida Supreme Court 1986

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1. under the 1983 statutes, too old to match to today's subsections.

     · cited by 22 in all courts

     …court affirmed the trial court's order terminating Wirsing's parental rights and permanently committing his children to the custody of HRS under section 39.41(1)(f)1., Florida Statutes (1983) which reads in pertinent part: (1) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the…

228. Wirsing v. Department of Health & Rehabilitative Services 498 So. 2d 946 · SC68192-2 · Florida Supreme Court 1986

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1983 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …court affirmed the trial court’s order terminating Wirsing’s parental rights and permanently committing his children to the custody of HRS under section 39.41(l)(f)l., Florida Statutes (1983) which reads in pertinent part: (1) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the…

229. In re Y.F.W. 494 So. 2d 308 · 1DBL-161 · 1st DCA 1986

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)3.a. under the 1985 statutes, too old to match to today's subsections.

     · cited by 5 in all courts

     …permanently for future adoption a legally dependent child when it is manifestly in his best interest and when he has been abused, abandoned, or neglected. § 39.41(1)(f)(3)(a), Fla. Stat. (1985). In the absence of parental consent to a permanent commitment, one of the above statutory grounds must be alleged and proven by clear and…

230. Smith v. Moore 481 So. 2d 36 · DCAAV-240 · District Court of Appeal 1985

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1983 statutes), now § 39.521

     · cited by 2 in all courts

     …and an order of permanent commitment to HRS, the consent of the agency alone is sufficient for adoption, s. 63.062(3) Florida Statutes (1983). Under s. 39.41 of the Florida Statutes, the permanent order of commitment permanently deprives the natural parents of their rights to the child. We find nothing, though,…

231. J.M. v. Department of Health & Rehabilitative Services 479 So. 2d 826 · 2D85-825 · 2nd DCA 1985

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1.a. under the 1983 statutes, too old to match to today's subsections.

     …to the argument on behalf of the parents, we find no basis to disagree with the trial court's conclusion that the requirements of Florida Statute section 39.41(1)(f)(1)(a) for permanent commitment were met because abuse was proven as defined in section 39.01(2), Florida Statutes (1983). That latter section defines "abuse" as…

232. Gerry v. Department of H. and R. Services 476 So. 2d 1279 · SC66192 · Florida Supreme Court 1985

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1.a. under the 1983 statutes, too old to match to today's subsections.

     · cited by 8 in all courts

     …A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. Id. at 599 . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the affirmative. The trial court adjudicated…

233. Petition of Fla. Bar, Rules of Juv. Proc. 462 So. 2d 399 · SC65103 · Florida Supreme Court 1984

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1983 statutes), now § 39.521

     · cited by 8 in all courts

     …safety and well-being of the child. Committee Note: Disposition under Rule 8.790 is authorized at present by either of two statutory methods, see 39.409 and 39.41. Rule 8.800. Post-Disposition Relief (a) Motion for Modification of Placement. A child who has been placed in his own home, in the home of a relative,…

234. Gerry v. Aulls 457 So. 2d 598 · 5D84-573 · 5th DCA 1984

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f)1.a. under the 1983 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. PETITION DENIED. COBB, C.J., and DAUKSCH, J., concur. NOTES [1] Fla.R.App.P. 9.030(b)(3). [2] Fla.R.App.P. 9.030(a)(2)(A)(v).

235. A.O. v. State 456 So. 2d 1173 · SC63974-2 · Florida Supreme Court 1984

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     · cited by 6 in all courts

     …and habitual truants only as dependent children, providing the court with a flexible range of placement options to meet the child’s need for supervision. § 39.41. Thus, we hold the delinquency adjudication under chapter 39 is invalid under the facts presented in this case. 389 So.2d at 1210 . In a footnote the…

236. In Interest of L.R.R. 455 So. 2d 598 · 5D83-1640 · 5th DCA 1984

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1983 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …HRS custody and ignored the terms of the performance agreement. [1] The court concluded that Russell's conduct amounted to abandonment, see sections 39.01(1), 39.41(1)(f)1, Florida Statutes (1983), and that the best interests and welfare of the children would be served by permanent commitment. [2] Russell argues that clear…

237. Russell v. Department of Health & Rehabilitative Services 455 So. 2d 598 · DCA83-1640 · District Court of Appeal 1984

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1983 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …HRS custody and ignored the terms of the performance agreement. 1 The court concluded that Russell’s conduct amounted to abandonment, see sections 39.-01(1), 39.41(l)(f)l, Florida Statutes (1983), and that the best interests and welfare of the children would be served by permanent commitment. 2 Russell argues that clear and…

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

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d) under the 1983 statutes, too old to match to today's subsections.

     · cited by 9 in all courts

     …We agree. Here, HRS became the legal custodian of T.M.L. and J.M.L. on January 17, 1983, when the children were placed in HRS's care and custody. Section 39.41(1)(d), Florida Statutes (1983). As legal custodian, HRS was a party entitled to reasonable notice of the hearing attended by the grandfather. See Fla.R.Juv.P.…

239. Interest of K.H. 444 So. 2d 547 · 1DAQ-355 · 1st DCA 1984

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1981 statutes, too old to match to today's subsections.

     · cited by 9 in all courts

     …determined that the child should be permanently removed from parental custody, then adoption of the child by a suitable family becomes the goal. See Section 39.41(1)(f), Florida Statutes (1981). In other words, so long as a child occupies the status of a dependent child under Chapter 39 there should be a definite plan or…

240. In Interest of W.D.N. 443 So. 2d 493 · 2D83-1426TO83-1428 · 2nd DCA 1984

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1) under the 1981 statutes, too old to match to today's subsections.

     · cited by 27 in all courts

     …the trial court awarded permanent custody of W.D.N., II and the twins to HRS. The statute governing permanent commitment of children to HRS is section 39.41(1), Florida Statutes (1981), which includes the following provisions: (1) When any child is adjudicated by a court to be dependent, the court having…

241. State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     · cited by 16 in all courts

     …power over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. See generally ss. 39.001, 39.40, 39.404, 39.41, 409.168, 409.145, Florida Statutes (1981). When such an overlap of powers occurs, the legitimate exercise of powers by one branch, in this case the…

242. A.O. v. State 433 So. 2d 22 · 3D82-869 · 3rd DCA 1983

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     …at 1210 . I would accordingly reverse and remand with directions to vacate the adjudication of delinquency and for further proceedings pursuant to section 39.41, Florida Statutes (1981). [2] NOTES [1] We have considered Judge Jorgenson's thoughtful dissent but nonetheless respectfully disagree. The alternative…

243. A.O. v. State 433 So. 2d 22 · DCA82-869 · District Court of Appeal 1983

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     · cited by 5 in all courts

     …at 1210 . I would accordingly reverse and remand with directions to vacate the adjudication of delinquency and for further proceedings pursuant to section 39.41, Florida Statutes (1981). 2 . The record does not reflect whether the dependency proceeding which occasioned the go-to-school order afforded A.O. due…

244. V. v. Department of Health & Rehabilitative Services 427 So. 2d 1082 · DCAAL-142 · District Court of Appeal 1983

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1981 statutes, too old to match to today's subsections.

     · cited by 5 in all courts

     …39.01, Florida Statutes (1981). See In the Interest of 413 So.2d 418 (Fla. 1st DCA 1982). AFFIRMED. BOOTH and NIMMONS, JJ., concur. . Section 39.41(l)(f)l., Florida Statutes (1981).

245. Department of Health & Rehabilitative Services v. M.W. 424 So. 2d 56 · 1DAN-108 · 1st DCA 1982

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(6)(a) under the 1981 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …However, by granting legal custody, the court in effect entered an order dissolving M.W.'s dependency status, as is its prerogative by virtue of Section 39.41(6)(a). It follows, therefore, that M.W.'s case was removed from the proscriptions of the Interstate Compact as the child was no longer one "requiring placement" for…

246. Saulpaw v. Singer 423 So. 2d 943 · DCA82-364 · District Court of Appeal 1982

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(g) under the 1981 statutes, too old to match to today's subsections.

     PER CURIAM. We affirm upon a holding that the juvenile division of the circuit court was empowered by Section 39.41(l)(g), Florida *944 Statutes (Supp.1980) to order the child’s natural father to pay reasonable attorney’s fees incurred by the indigent mother in procuring child…

247. Department of Health & Rehabilitative Services v. J.W.A. 421 So. 2d 25 · DCAAI-244 · District Court of Appeal 1982

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1981 statutes), now § 39.521

     …is a relative within the third degree, except by court order. The circuit court’s oral admonition to the adoptive mother, its continuing powers under section 39.41, and its order for Department supervision pending appeal would appear to suffice. We disapprove the haphazard treatment of the dependency petition for two…

248. In Interest of J.L.P. 416 So. 2d 1250 · 4D81-1033 · 4th DCA 1982

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(f) under the 1980 statutes, too old to match to today's subsections.

     · cited by 47 in all courts

     …neglected him. We disagree. We also think abuse under section 39.01(2), Florida Statutes (Supp. 1980), [1] may be established prospectively. Section 39.41(1)(f) 1 a, Florida Statutes (Supp. 1980), provides: When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child shall…

249. In re S.W. 416 So. 2d 856 · DCA81-2497 · District Court of Appeal 1982

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(6)(a) under the 1981 statutes, too old to match to today's subsections.

     …conjunction with his transcribed statements made at the time of the hearing, manifests an intent to terminate jurisdiction over the child pursuant to section 39.41(6)(a), Florida Statutes (1981). We therefore affirm. GRIMES, A. C. J., and CAMPBELL and SCHOONOVER, JJ., concur.

250. State v. M.T.S. 408 So. 2d 662 · 3D81-325 · 3rd DCA 1981

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1979 statutes), now § 39.521

     …When the child was only two weeks old, the State of Florida petitioned the circuit court to declare the child a dependent, pursuant to Sections 39.408 — 39.41, Florida Statutes (1979), alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those terms…

251. State v. M.T.S. 408 So. 2d 662 · DCA81-325 · District Court of Appeal 1981

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1979 statutes), now § 39.521

     · cited by 4 in all courts

     …When the child was only two weeks old, the State of Florida petitioned the circuit court to declare the child a dependent, pursuant to Sections 39.408 — 39.41, Florida Statutes (1979), alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those terms…

252. Partin v. State 396 So. 2d 273 · DCA80-1538 · District Court of Appeal 1981

     This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1977 statutes), now § 39.521

     …Inc. v. Perez, 367 So.2d 685 (Fla. 3d DCA 1979). Turning to the sufficiency of the evidence, the statute involved reads, in part, as follows: “39.41 Powers of disposition.— (1) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child shall have the power, by…

253. In Interest of P.S. v. State 384 So. 2d 656 · 5D79-423/T4-422 · 5th DCA 1980

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(1)(d) under the 1979 statutes, too old to match to today's subsections.

     · cited by 11 in all courts

     …appeals an order permanently committing her children to the Department of Health and Rehabilitative Services for the purpose of subsequent adoption. Section 39.41(1)(d), Florida Statutes (1979), authorizes a trial court to permanently commit a child to the department for subsequent adoption if the court finds *657 that the…

254. Bryan v. Department of Health & Rehabilitative Services 383 So. 2d 278 · DCA80-71 · District Court of Appeal 1980

     This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.41(4) under the 1978 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …timely, otherwise it is not and the court lacks jurisdiction. The statutory procedure for permanent commitment for subsequent adoption is found in section 39.41(4), Florida Statutes (Supp.1978). We find no answer to our problem in the statutes. The Rules of Juvenile Procedure govern procedures in the circuit court in the…

255. 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 § 39.521 2 times, the section generallyCited as § 39.41 (1997 statutes), now § 39.521

     · cited by 1 in all courts

     …— ..—was/were-.-.-.-.. adjudicated dependent — pursuant to -section 39.409, Florida Statutes. • — (b) A disposition order was entered-pursuant-to section 39.41, Florida -Statutes. —(c) The parents were informed of their right-te-counsel in the-dependency proceeding-pursuant to the Florida Rules of Juvenile…

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

     Rule amendment This opinion cites § 39.521 1 time, the section generally

     …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, Laws of…

257. In re Amendments to Florida Rules of Juvenile Procedure 8.245, 8.250, and Form 8.961 SC22-1125 · Florida Supreme Court 2023

     Rule amendment This opinion cites § 39.521 1 time, the section generally

     …5 days’ time for service. -2- Next, rule 8.250 is amended to provide greater clarity and compliance with section 39.521, Florida Statutes (2022). Subdivision (b) is divided into two subdivisions, (b)(1) and (b)(2), to distinguish between pre- and post-dependency…

258. In re Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report 235 So. 3d 322 · SC17-2040 · Florida Supreme Court 2018

     Rule amendment This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.521(1)(a), which couldn't be matched to today's text.

     …39.701(3)(a), Fla. Stat.; effective May 1, 2017); ch. 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of Fla. (amending §§ 39.013(2), 39.402(8)(c), 39.507(7)(b), 39.521(1)(a), 39.522(2), (3), 39.6035(4), 39.801(3)(a), Fla. Stat.; effective July 1, 2017). -2- of hearing on a motion to…

259. In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report 235 So. 3d 322 · SC17-2040-2 · Florida Supreme Court 2018

     Rule amendment This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.521(1)(a), which couldn't be matched to today's text.

     …Fla. Stat.; effective May 1, 2017); ch, 2017-151, §§ 3, 7, 10, 12-13, 17, 21, 46, Laws of,Fla. (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801(3)(a), Fla. .Stat.; effective July 1, 2017). . All comments must be filed with the Court on or before April 2, 2018,…

260. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

     Rule amendment This opinion cites § 39.521 1 time: (1)(e)Cited as § 39.521(1)(d) (2012 statutes), now § 39.521(1)(e)

     · cited by 2 in all courts

     … Subdivision (c) of rule 8.340 (Disposition Hearings) is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes (2012). Subdivision (b) of rule 8.345 (Post-Disposition Relief) is amended to provide that jurisdiction does not terminate at age eighteen…

261. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

     Rule amendment This opinion cites § 39.521 1 time, a subsectionAlso cites § 39.521(1)(a), which couldn't be matched to today's text.

     · cited by 3 in all courts

     …39.402(5)(b)2, Florida Statutes (2001), shelter placement hearing; section 39.501(4), Florida Statutes (2001), hearing on petition for dependency; section 39.521(l)(a), Florida Statutes (2001), disposition hearing; section 39.601(2), Florida Statutes (2001), case plan requirements; section 39.701(6)(b), Florida Statutes…

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

     Rule amendment This opinion cites § 39.521 1 time, the section generallyCited as § 39.41 (1991 statutes), now § 39.521

     · cited by 8 in all courts

     …that: 1. The child(ren) .. .was/were... adjudicated dependent pursuant to section 39.409, Florida Statutes; 2. An order of disposition pursuant to section 39.41, Florida Statutes, was entered by this court; 3. The elements of section 39.464, Florida Statutes, have been met; 4. The parents were informed of their…

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1. Rule 65C-16.005 Evaluation of Applicants. (6)(j)(9)(b)4.
2. Rule 65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. Implements(1)
3. Rule 65C-16.009 Adoption Placement. Implements
4. Rule 65C-28.001 Definitions. Implements
5. Rule 65C-28.008 Relative Caregiver Program Requirements. (2)(a)(2)(b)(3)(a)2.a.cites (2)(o)
6. Rule 65C-28.011 Criminal, Delinquency and Abuse/Neglect History Checks for Release to a Parent, Placement with a Relative and Non-Relative and Approval of Informal Safety Management Providers. Implements(8)
7. Rule 65C-28.012 Other Parent Home Assessment and Home Studies for Relative and Non-Relative Placements. Implements(3)
8. Rule 65C-30.001 Definitions. Implements(38)cites (2)(r)
9. Rule 65C-30.014 Post-Placement Supervision and Services. Implements
10. Rule 65C-30.018 Out-of-County Services. Implements
11. Rule 65C-30.023 Multidisciplinary Team Staffing. (6)(a)6.cites (1)(e)

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1. CFOP 55-7 Fee Assessment and Collection p. 4p. 29 (1)(b)
2. CFOP 170-1 Florida Child Welfare Practice Model p. 104 (2)(o)p. 108 (2)(k)
3. CFOP 170-7 Develop and Manage Safety Plans p. 48 (e)(9)p. 50 (7)
4. CFOP 170-9 Family Assessment and Case Planning p. 27 (1)(a)p. 28 (2)p. 30 (1)
5. CFOP 170-13 Child Support in Child Welfare Cases p. 3 (1)(d)p. 7 (1)(e)p. 12 (2)(s)p. 14 (2)(s)
6. CFOP 170-15 Federal and State Funding Eligibility p. 91 (1)(f)

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