Dependency Law Finder

1. R.T. v. Department of Children & Families 2D22-0393 · 2nd DCA 2022

   Reversed & remanded This opinion cites § 39.6221 8 times: (2)(a), (2)(c), and the section generally

   Permanent guardianship supported by the evidence, but the order must cite specific dependency findings and set a minimum visitation frequency under section 39.6221.

   …and terminating the Department of Children and Families' supervision. Because the permanent guardianship order does not fully comply with section 39.6221, Florida Statutes (2021), we reverse and remand for entry of an amended order. The Father first argues that the trial court's decision to place the…

2. M.G. v. Department of Children & Family Services 86 So. 3d 1149 · 3D12-48 · 3rd DCA 2012

   Reversed & remanded This opinion cites § 39.6221 8 times: (2), (2)(a), (2)(c)

   · cited by 2 in all courts

   Permanent guardianship order reversed because it gave no reasons the mother was unfit and left visitation frequency to the guardians' discretion.

   …sufficient evidence to support the trial court’s ruling, we agree with the mother the written order is insufficient to meet the requirements of section 39.6221(2), Florida Statutes (2011), in two respects. When a trial court places a minor child in a permanent guardianship in lieu of reunification or adoption, section…

3. Department of Children & Families v. J.J. 4D2024-1266 · 4th DCA 2024

   Reversed & remanded This opinion cites § 39.6221 7 times: (1), (1)(a), (5), and the section generally

   Orders creating a permanent guardianship with an Ohio uncle were reversed for lack of notice, evidentiary hearing, section 39.6221 findings, home study and ICPC compliance.

   …and that reversal is required for the circuit court to provide proper notice, conduct an evidentiary hearing, and make the findings required under section 39.6221, Florida Statutes (2023), which governs a dependent child’s permanent guardianship. However, the guardian ad litem argues the child should be permitted to…

4. T.B. v. Department of Children & Families 189 So. 3d 150 · 4D14-4060 · 4th DCA 2015

   Reversed & remanded This opinion cites § 39.6221 6 times: (2), (2)(a)

   · cited by 4 in all courts

   Permanent guardianship order reversed for lacking required findings and for no best-interests hearing under the relocation statute when the guardian moved out of state.

   …a visitation schedule for the father because of the permanent guardian’s relocation out of state. It is from this order that the father appeals. Section 39.6221(2), Florida Statutes (2014), provides that in a written order establishing a permanent guardianship, the court must “[l]ist the circumstances or reasons why the…

5. C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022

   Reversed & remanded This opinion cites § 39.6221 5 times: (5), and the section generally

   Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.

   … I. Background In 2018, the juvenile division placed the child in the Prospective Parents' permanent guardianship under section 39.6221 in case 14-DP-534. It determined that a permanent 1 The domestic relations division referred to the court in case 14-DP-534 as "the Juvenile…

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

   Reversed & remanded This opinion cites § 39.6221 5 times: (1), (2), and the section generally

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

   …of Children and Families concedes, the trial court's order placing the children in permanent guardianship fails to make the findings required by section 39.6221(2), Florida Statutes (2015). We reverse and remand for further proceedings. Section 39.6221 delineates the findings a trial court is required to…

7. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

   Affirmed This opinion cites § 39.6221 5 times: (1), (5), (6), and the section generally

   · cited by 37 in all courts

   Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

   …if a petition for termination of parental rights has been or will be filed; (c) Permanent guardianship of a dependent child under s. 39.6221; (d) Permanent placement with a fit and willing relative under s. 39.6231; or (e) Placement in another planned…

8. J.B. v. Department of Children & Family Services 130 So. 3d 753 · 2D13-4044 · 2nd DCA 2014

   Reversed & remanded This opinion cites § 39.6221 5 times: (1), (2), (5), and the section generally

   · cited by 6 in all courts

   Permanent guardianship reversed because a judicial review hearing was not noticed as a permanency hearing, and the form order lacked evidence and required findings.

   …even claim to be a permanency review, and even the judge did not understand it was intended to be a permanency hearing until the end of the hearing. Section 39.6221, Florida Statutes (2012), authorizes a court to establish a permanent guardianship of a dependent child. But the statute clearly requires the trial court to…

9. C.C. v. Department of Children & Families 108 So. 3d 699 · 5D12-3417 · 5th DCA 2013

   Reversed & remanded This opinion cites § 39.6221 5 times: (2)(a), (2)(c)

   · cited by 1 in all courts

   Permanent guardianship order reversed because it lacked the required detailed findings and did not specify the frequency and nature of the father's visitation.

   …decision is supported by competent, substantial evidence, the final order itself does not contain or reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). See, e.g., R.T., Sr. v. Dep’t. of Children and Families, 27 So.3d 195 (Fla. 5th DCA 2010). The order also fails to comply with…

10. R.T. v. Department of Children & Families 27 So. 3d 195 · 5D09-2130 · 5th DCA 2010

    Reversed & remanded This opinion cites § 39.6221 5 times: (2)(a), and the section generally

    · cited by 6 in all courts

    Permanent guardianship with the child's half-brother reversed because the order lacked specific findings on why reunification with the father was not possible.

    …the entry of an order containing factual findings regarding the issue of reunification sufficient to comply with the statutory mandate set forth in section 39.6221 of the Florida Statutes. Section 39.6221 of the Florida Statutes requires trial courts to set forth written findings to support any decision to order a…

11. S.R. v. Department of Children & Families 197 So. 3d 131 · 4D16-0858 · 4th DCA 2016

    Reversed & remanded This opinion cites § 39.6221 4 times: (2)(c), and the section generally

    · cited by 1 in all courts

    Permanent guardianship order reversed because it lacked specific findings on reunification and did not set the frequency of the father's supervised visitation.

    …that the order is deficient for lack of findings, we are unable to address *132 the Father’s remaining sufficiency of the evidence argument. Section 39.6221, Florida Statutes, provides that when a trial court places a minor child in a permanent guardianship; it must: (a) List the circumstances or reasons why the…

12. In the Interest of R.C. v. Department of Children & Family Services 118 So. 3d 924 · 2D13-564 · 2nd DCA 2013

    Reversed & remanded This opinion cites § 39.6221 4 times: (2)(a), (2)(c), and the section generally

    · cited by 3 in all courts

    Permanent guardianship reversed because the order only generally referenced dependency findings and case plan noncompliance, lacking the specific findings required by statute.

    …the factors set forth in the permanent guardianship statute. I.Z. v. Dep’t of Children & Families, 967 So.2d 425, 427 (Fla. 4th DCA 2007). Section 39.6221, Florida Statutes (2012), lists the factors that the trial court must consider in determining that reunification or adoption is not in the best interest of…

13. S.K. v. Department of Children & Families 50 So. 3d 1182 · 1D10-4921 · 1st DCA 2010

    Reversed & remanded This opinion cites § 39.6221 4 times: (2)(a), and the section generally

    Permanent guardianships with grandmothers reversed; no competent evidence supported the visitation-based findings and the order lacked case-specific reasons reunification was impossible.

    …and C.H., in permanent guardianships and terminating the supervision of the Florida Department of Children and Families (“the Department”) pursuant to section 39.6221, Florida Statutes (2010). She raises two grounds for reversal. First, the mother argues, and the Department concedes, that the record does not contain…

14. C.A. v. Department of Children & Families 988 So. 2d 1247 · 4D08-1297 · 4th DCA 2008

    Reversed & remanded This opinion cites § 39.6221 4 times: (1), (2)(a), (2)(c)

    · cited by 13 in all courts

    Permanent guardianship reversed because the mother's case plan noncompliance was due to lack of financial resources; supervision reinstated with more time.

    …or adoption is not in the best interests of the *1249 child, and that finding must be supported by competent substantial evidence in the record. [1] § 39.6221(1), Fla. Stat. (2007); see J.R. v. Dep't of Children & Families, 976 So.2d 652 (Fla. 4th DCA 2008) (reviewing the trial court's findings concerning the…

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

    Affirmed This opinion cites § 39.6221 4 times: (1), (2), (5), and the section generally

    · cited by 2 in all courts

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

    …was in the child's best interest, while still allowing I.Z. to have supervised visitation with the child. We affirm the trial court's holding. Section 39.6221, Florida Statutes, controls the placement of a child in a permanent guardianship, and provides as follows: (1) If a court determines that reunification or…

16. K.B. v. Department of Children & Families 204 So. 3d 120 · 2D15-4367 · 2nd DCA 2016

    Reversed & remanded This opinion cites § 39.6221 3 times: (2)(c)

    · cited by 2 in all courts

    Permanent guardianship order reversed on DCF's concession: no notice of the request and no evidentiary hearing; visitation provisions otherwise complied with the statute.

    …Dep't of Children & Family Servs., 928 So. 2d 1291, 1294 (Fla. 2d DCA 2006). For purposes of the proceedings on remand, we note that section 39.6221(2)(c), Florida Statutes (2015), requires the circuit court to "[s]pecify the frequency and nature of visitation or contact between the child and his or her…

17. A.C. v. Department of Children & Family Services 136 So. 3d 720 · 2D13-4186 · 2nd DCA 2014

    Reversed & remanded This opinion cites § 39.6221 3 times: (2)(a)

    · cited by 1 in all courts

    Permanent guardianship was supported by the evidence but the order lacked the detailed findings required by statute, so it was reversed for an amended order.

    …guardianship is supported by competent, substantial evidence, the order on appeal fads to contain or to reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). See J.S. v. Dep’t of Children & Family Servs., 18 So.3d 712, 714 (Fla. 2d DCA 2009) (“[I]n its written order, the trial court…

18. S.W-R. v. Department of Children & Family Services 64 So. 3d 1283 · 2D10-5391 · 2nd DCA 2011

    Affirmed in part, reversed in part This opinion cites § 39.6221 3 times: (2)(c), and the section generally

    · cited by 5 in all courts

    Permanent guardianship with the grandmother affirmed, but remanded because the order left visitation to the caregiver's discretion, contrary to section 39.6221.

    …the order except as to the visitation schedule between S.W-R. and the children. On that single point, we reverse and remand for further proceedings. Section 39.6221(2)(c), Florida Statutes (2010), requires the circuit court’s written order to “[sjpecify the frequency and nature of visitation or contact between the child and his…

19. R.N. v. Department of Children & Family Services 55 So. 3d 685 · 2D10-4126 · 2nd DCA 2011

    Affirmed in part, reversed in part This opinion cites § 39.6221 3 times: (2)(c), and the section generally

    · cited by 1 in all courts

    Dependency and permanent guardianship affirmed, but the guardianship order was reversed for failing to set the father's visitation schedule as statute requires.

    …affirm that order without further discussion. We also affirm the circuit court’s order placing A.N. in a permanent guardianship with her stepfather. See § 39.6221, Fla. Stat. (2009). However, over R.N.’s objection, the circuit court failed to “[sjpecify the frequency and nature of visitation or contact between” R.N. and…

20. In re A.M. 5 So. 3d 809 · 2D08-1719 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6221 3 times: (2)(a)

    · cited by 2 in all courts

    Permanent guardianship reversed for lack of written findings and because DCF did not prove reunification would endanger the child; father's reunification motion to be granted.

    …not possible. The Department and the Guardian ad Litem concede error. We find these concessions to be proper because written findings are required by section 39.6221(2)(a), Florida Statutes (2008). Ordinarily, we would simply reverse and remand for the court to make the necessary written findings in compliance with section…

21. J.T. v. Department of Children & Families 954 So. 2d 736 · 1D06-4915 · 1st DCA 2007

    Reversed & remanded This opinion cites § 39.6221 3 times, the section generally

    Permanent guardianship order reversed on DCF's concession that the requirements of section 39.6221 were not met.

    …Appellee. PER CURIAM. In this juvenile dependency case, appellant seeks review of an order placing his son in a permanent guardianship pursuant to section 39.6221, Florida Statutes (2006). The Department of Children and Family Services correctly concedes error because the requirements of section 39.6221 were not met.…

22. S.P. v. Department of Children & Families 5D2024-3476 · 5th DCA 2025

    Reversed & remanded This opinion cites § 39.6221 2 times, the section generally

    Denial of termination reversed because the court sua sponte ordered permanent guardianship, applied an unpled single-parent standard, misapplied least restrictive means, and skipped best-interest findings.

    …hearing that the court would close the case in permanent guardianship. In addition, the court failed to make any of the findings required by section 39.6221, Florida Statutes (2024). See Dep’t of Child. & Fams. v. J.J., 398 So. 3d 423, 426 (Fla. 4th DCA 2024) (holding parties have a due process right to…

23. T.A.S. v. Department of Children & Families 1D2023-1430 · 1st DCA 2024

    Reversed & remanded This opinion cites § 39.6221 2 times: (6), and the section generally

    Denial of the father's motions to vacate a no-contact order after permanent guardianship was reversed because the statute required an evidentiary hearing.

    …2024 PER CURIAM. T.A.S. is the father of R.A.S. In 2020, R.A.S. was placed in a permanent guardianship at the conclusion of a dependency case. See § 39.6221, Fla. Stat. (2020). T.A.S. was ordered to have no contact with R.A.S, but his parental rights were not terminated. See § 39.6221(6), Fla. Stat. …

24. Guardian ad Litem Program v. A.A. 171 So. 3d 174 · 5D15-966 · 5th DCA 2015

    Reversed This opinion cites § 39.6221 2 times: (1)

    · cited by 16 in all courts

    Denial of termination reversed: available relative placement and possible parental contact do not defeat least restrictive means, so termination and adoption were directed.

    …guardianship as a permanency option unless the court first “determines that reunification or adoption is not in the. best interest of the child.... ” § 39.6221(1), Fla. Stat. (2014). Section 39.621(2)(a)-(e) lists permanency options for dependent children in order of legislative preference. The statute specifies that…

25. B.K. v. Department of Children & Families 161 So. 3d 431 · 2D13-3839 · 2nd DCA 2014

    Reversed & remanded This opinion cites § 39.6221 2 times: (2), and the section generally

    Permanent guardianship with grandparents reversed because findings of abandonment and case plan failure were unsupported for a nonoffending father who had successfully transitioned toward reunification.

    …Father. On appeal, the Father argues that the trial court erred by failing to consider and properly apply the factors for permanency set forth in section 39.6221, Florida Statutes (2012), and failing to set forth specific reasons why he is not fit to care for the children or why reunification is not possible. The…

26. Department of Children & Families v. Interest of B.D. 102 So. 3d 707 · 1D12-3698 · 1st DCA 2012

    Certiorari / writ granted This opinion cites § 39.6221 2 times: (1), (5)

    · cited by 7 in all courts

    Certiorari granted because the court reopened a closed permanent guardianship on the mother's motion without an evidentiary hearing or the findings the statute requires.

    …we consider the Department’s petition. This was a elosed dependency case; the trial court placed the child in a permanent guardianship pursuant to section 39.6221(1), Fla. Stat. (2011). The mother’s parental rights were not terminated. To support her motion to reopen the case, the mother alleged that she had truly changed…

27. Interest of K.M. v. Department of Children & Family Services 86 So. 3d 556 · 2D11-5767 · 2nd DCA 2012

    Reversed & remanded This opinion cites § 39.6221 2 times: (2)(a), (3)

    · cited by 11 in all courts

    Permanent guardianship order reversed because the mother lacked proper notice of a permanency hearing and no evidentiary hearing was held.

    …placing the child in a permanent guardianship and terminating protective services; and a separate order for the permanent guardian, issued pursuant to section 39.6221(3), Florida Statutes (2011). II. Analysis The mother asserts a two-prong, due process argument. First, she asserts that DCFS did not provide her proper…

28. C.H.C. v. Department of Children & Family Services 67 So. 3d 263 · 2D10-4116 · 2nd DCA 2011

    This opinion cites § 39.6221 2 times: (2)(c), and the section generally

    …the mother of three minor children, challenges the circuit court’s decision to place the children in a permanent guardianship with an adult relative. See § 39.6221, Fla. Stat. (2009). We conclude that competent substantial evidence supported the circuit court’s ruling, and we affirm it without further discussion.…

29. C.S. v. Department of Children & Families 41 So. 3d 368 · 1D10-1922 · 1st DCA 2010

    Reversed & remanded This opinion cites § 39.6221 2 times: (2), and the section generally

    · cited by 4 in all courts

    Permanent guardianship reversed for lacking case-specific findings and evidence; lack of housing and a job cannot justify it when DCF offered no services.

    PER CURIAM. C.S. appeals an order placing her son, C.N., in permanent guardianship pursuant to section 39.6221, Florida Statutes (2010). We reverse. Appellant entered into a case plan on September 9, 2009, with the goal of reunification. The case plan directed…

30. In re J.S. 18 So. 3d 712 · 2D09-404 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6221 2 times: (2)(a)

    Permanent guardianship reversed because the order lacked required findings and the mother was making a determined effort to rehabilitate while the children thrived with grandparents.

    …by either "referring to specific findings of fact made in its order adjudicating the child[ren] dependent or by making separate findings of fact[.]" § 39.6221(2)(a), Fla. Stat. (2008) (emphasis added). The order on appeal fails to comport with this requirement because it makes only a general reference to "the…

31. J.S. v. Department of Children & Family Services 18 So. 3d 712 · 2D09-404-2 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6221 2 times: (2)(a)

    · cited by 11 in all courts

    Permanent guardianship reversed because the order lacked required findings and the mother was making a determined effort to rehabilitate while the children thrived with grandparents.

    …by either “referring to specific findings of fact made in its order adjudicating the child[ren] dependent or by making separate findings of fact[.]” § 39.6221(2)(a), Fla. Stat. (2008) (emphasis added). The order on appeal fails to comport with this requirement because it makes only a general reference to “the…

32. R.C. v. Department of Children & Family Services 6 So. 3d 736 · 2D08-2457 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.6221 2 times: (2)

    · cited by 1 in all courts

    Permanent guardianship order reversed on DCF's concession for lacking required written findings and for insufficient evidence supporting the placement.

    …of Children and Family Services. The Department correctly concedes error because the order failed to contain written findings as required by section 39.6221(2), Florida Statutes (2007). The Department also concedes that, even if the trial court’s order complied ■with section 39.6221(2), the evidence was…

33. Department of Children & Families v. In the Interest of J.F. 959 So. 2d 1247 · 4D06-4896 · 4th DCA 2007

    Reversed & remanded This opinion cites § 39.6221 2 times: (1)(a), (2)

    · cited by 1 in all courts

    Permanency review order reversed: the court lacked required findings for permanent guardianship, did not amend the case plan, and placed with a non-relative too soon.

    …adoption of the child to follow pursuant to section 39.621(6), Florida Statutes (2006); amend the judicial review order to be in compliance with section 39.6221(2), Florida Statutes (2006); amend the judicial review order to reflect the amendment to the case plan; and withdraw the permanent placement of the child with…

34. Department of Children & Families v. L. 2D2024-2494 · 2nd DCA 2025

    Reversed & remanded This opinion cites § 39.6221 1 time: (1)(a)

    Permanent guardianship order reversed because the father's oral motion gave DCF no prior notice, violating its due process rights; all parties conceded error.

    …could not lawfully place H.L. in a permanent guardianship with D.L. because H.L. had not been placed with D.L. for the length of time required by section 39.6221(1)(a), Florida Statutes (2024). The court granted the motion. The Department timely moved for rehearing and argued, inter alia, that due process was violated…

35. Jamie Hershberger v.Stash Hershberger 5D2023-0793 · 5th DCA 2024

    This opinion cites § 39.6221 1 time: (2)(c)

    …parent one hour per week of supervised visitation, with additional supervised and unsupervised visitation at guardian’s discretion, comported with section 39.6221(2)(c) because it did not leave frequency and nature of parent’s visitation to guardian’s “complete discretion”). We reverse the Final Judgment and…

36. Department of Children & Families v. S.S.L. 5D22-1506 · 5th DCA 2022

    Reversed This opinion cites § 39.6221 1 time: (1)

    Denial of termination as to the older sibling reversed; the infant's severe abuse proved egregious conduct, so termination was required over permanent guardianship.

    …decision. Based on this record of truly egregious conduct, reunification is unsupportable. And the law compels adoption over permanent guardianship. See § 39.6221(1), Fla. Stat. (2021) (stating that trial court should not consider permanent guardianship unless it first “determines that reunification or adoption is not in…

37. T.M.W. v. Department of Children & Families 4D21-0948 · 4th DCA 2021

    Reversed & remanded This opinion cites § 39.6221 1 time, the section generally

    Permanent guardianship order reversed because the hearing was noticed as a judicial review, not a permanency hearing, denying the mother fair notice and due process.

    …Rule of Juvenile Procedure 8.425 (“Permanency Hearings”), section 39.621, Florida Statutes (2021) (“Permanency determination by the court”), and section 39.6221, Florida Statutes (2021) (“Permanent guardianship of a dependent child”). The trial court’s order scheduled the subject hearing as a “judicial review,”…

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

    Reversed & remanded This opinion cites § 39.6221 1 time, the section generally

    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.

    …parental rights, the court entered its order placing the two children not fathered by M.A. into permanent guardianship with the maternal grandmother. See § 39.6221, Fla. Stat. M.A.’s children remained under the protective supervision of the Department, in a temporary placement with their grandmother. The…

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

    Certiorari / writ denied This opinion cites § 39.6221 1 time, the section generally

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

    … 3 the father both appealed to this court, and the cases were consolidated for all purposes on September 22, 2016. ANALYSIS Section 39.6221, Florida Statutes (2016), entitled “Permanent guardianship of a dependent child,” provides, in pertinent part: (1) If a court determines that…

40. B.V. v. Department of Children & Families 3D16-0875 · 3rd DCA 2016

    Reversed & remanded This opinion cites § 39.6221 1 time: (2)(a)

    On DCF's confession of error, permanent guardianship order reversed because it lacked specific findings on the mother's unfitness and why reunification is impossible.

    …order, stating the reasons why the child’s mother is not fit to care for the child and why reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2015). 2

41. B.V. v. Department of Children & Families 197 So. 3d 623 · 3D16-0875-2 · 3rd DCA 2016

    Reversed & remanded This opinion cites § 39.6221 1 time: (2)(a)

    On DCF's confession of error, permanent guardianship order reversed because it lacked specific findings on the mother's unfitness and why reunification is impossible.

    …order, stating the reasons why the child’s mother is not fit to care for the child and why reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2016).

42. K.J. v. Department of Children & Families 181 So. 3d 551 · 4D15-2606 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.6221 1 time, the section generally

    Permanent guardianship with grandparents affirmed as supported by evidence, but remanded because the order lacked the specific findings required by section 39.6221.

    …and an opportunity for all parties to be heard. We agree with appellant that the June 5 order does not contain the findings of fact required by section 39.6221, Florida Statutes (2015). “A general reference to the dependency findings does not satisfy the statute.” T.B. v. Dep’t of Children & Families, 2015 WL 6496316…

43. A.H. v. Department of Children & Families 144 So. 3d 662 · 1D14-656 · 1st DCA 2014

    Reversed This opinion cites § 39.6221 1 time: (5)

    · cited by 11 in all courts

    Termination reversed on DCF's concession it was not the least restrictive means; the child thrived in a permanent guardianship and the mother posed no harm.

    …order that may be modified as set forth in Florida Rule of Juvenile Procedure 8.430. In re J.B., 130 So.3d 753, 757 (Fla. 2d DCA 2014) (citing section 39.6221(5), Florida Statutes, and explaining that the creation of a permanent guardianship requires the court to discontinue regular review hearings and relieves DCF of…

44. C.L. v. Department of Children & Families 117 So. 3d 64 · 5D12-3536 · 5th DCA 2013

    Affirmed This opinion cites § 39.6221 1 time, the section generally

    On rehearing, permanent guardianship order affirmed after DCF supplemented the record with a final order that complied with the statute.

    …guardianship, was not part of the record on appeal previously submitted to us. Based upon a review of the supplemented document which complies with section 39.6221, Florida Statutes (2012), we grant the motion for rehearing, withdraw our previous opinion and affirm the final order. AFFIRMED. SAWAYA and BERGER, JJ.,…

45. In re R.S. 48 So. 3d 1035 · 2D10-3445 · 2nd DCA 2010

    Reversed & remanded This opinion cites § 39.6221 1 time: (2)(a)

    Permanent guardianship reversed because the order lacked specific findings and the incarcerated father's case plan noncompliance, caused by incarceration, did not support it.

    …on his case plan tasks due to being incarcerated." On appeal, D.N. argues, and the Department concedes, that the written order fails to comply with section 39.6221(2)(a), Florida Statutes (2009), which requires the court to "[l]ist the circumstances or reasons why the child's parents are not fit to care for the child and why…

46. D.N. v. Department of Children & Family Services 48 So. 3d 1035 · 2D10-3445-2 · 2nd DCA 2010

    Reversed & remanded This opinion cites § 39.6221 1 time: (2)(a)

    · cited by 1 in all courts

    Permanent guardianship reversed because the order lacked specific findings and the incarcerated father's case plan noncompliance, caused by incarceration, did not support it.

    …on his case plan tasks due to being incarcerated.” On appeal, D.N. argues, and the Department concedes, that the written order fails to comply with section 39.6221(2)(a), Florida Statutes (2009), which requires the court to “[l]ist the circumstances or reasons why the child’s parents are not fit to care for the child and why…

47. C.A. v. Department of Children & Families 27 So. 3d 241 · 4D09-3578 · 4th DCA 2010

    Reversed This opinion cites § 39.6221 1 time: (2)(a)

    · cited by 7 in all courts

    Permanent guardianship reversed and reunification ordered because the court made no findings and no evidence showed returning the child to the mother would endanger her.

    …written findings explaining why reunification was not possible. We accept this concession of error as proper because written findings are required by section 39.6221(2)(a), Florida Statutes (2009). Moreover, because we find that the record is devoid of competent substantial evidence to support the permanent guardianship…

48. Department of Children & Families v. in the Interest of C.W. 14 So. 3d 1041 · 1D09-0025 · 1st DCA 2009

    Affirmed This opinion cites § 39.6221 1 time, the section generally

    Denial of termination affirmed on remand; the court properly weighed best-interest factors, favoring the child's bond with his grandmother, without violating law of the case.

    … (b) Adoption, if a petition for termination of parental rights has been or will be filed; (c) Permanent guardianship of a dependent child under s. 39.6221; (d) Permanent placement with a fit and willing relative under s. 39.6231; or (e) Placement in another planned permanent living arrangement…

49. In re Amendments to Florida Rules of Appellate Procedure 9.130 and 9.200 SC18-2011 · Florida Supreme Court 2020

    Rule amendment This opinion cites § 39.6221 4 times, the section generally

    …a new subdivision (a)(3)(C)(x), which creates a new type of appealable nonfinal order for permanent guardianships for dependent children pursuant to section 39.6221, Florida Statutes. According to the Committee’s report, the Committee proposed amending rule 9.130 in light of this Court’s opinion in M.M. v. Florida…

50. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report 249 So. 3d 1175 · SC18-1047 · Florida Supreme Court 2018

    Rule amendment This opinion cites § 39.6221 2 times: (1)

    …Laws of Fla. (creating § 39.6021(1), (5), Fla. Stat. effective July 1, 2018); ch. 2018-103, §§ 7-8, 9, 12, 33, Laws of Fla. (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. Stat. (2017) effective July 1, 2018); ch. 2018-108, §§ 2, 7, Laws of Fla. (amending § 39.402(11)(c), Fla. Stat. (2017) effective July 1,…

51. In re Amendments to Florida Rules of Appellate Procedure SC2024-0317 · Florida Supreme Court 2025

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    … (i) – (ix) [No Change] (x) that a permanent guardianship shall beis established for a dependent child pursuant tounder section 39.6221, Florida Statutes; (D) – (E) [No Change] (F) deny a motion that: (i) [No Change] …

52. In re Amendment to Florida Rule of Appellate Procedure 9.130 SC21-129-2 · Florida Supreme Court 2022

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    … determine: (i) - (ix) [No Change] (x) that a permanent guardianship shall be established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant or deny the appointment of a receiver, or terminate or refuse to terminate a receivership; or (E) grant or deny a motion to…

53. In re Amendment to Florida Rule of Appellate Procedure 9.130 SC21-129 · Florida Supreme Court 2022

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    … (i) - (ix) [No Change] (x) that a permanent guardianship shall be established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant or deny the appointment of a receiver, or terminate or refuse to terminate a receivership; or …

54. In re Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report SC20-216 · Florida Supreme Court 2021

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    …is set aside, or never existed; or (x) that a permanent guardianship shall be established for a dependent child pursuant to section 39.6221, Florida Statutes. - 20 - (D) grant or deny the appointment of a receiver, or terminate or…

55. In re Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report SC20-216-2 · Florida Supreme Court 2020

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    …768.28(9), Florida Statutes; (x) that a permanent guardianship shall be established for a dependent child pursuant to section 39.6221, Florida Statutes. - 20 - (D) grant or deny the appointment of a receiver, or terminate or…

56. In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007

    Rule amendment This opinion cites § 39.6221 1 time, the section generally

    · cited by 4 in all courts

    … (B) adoption, if a petition for termination of parental rights has been or will be filed; (C) permanent guardianship of a dependent child under section 39.6221, Florida Statutes; (D) permanent placement with a fit and willing relative under section 39.6231, Florida Statutes; or (E) placement in another planned…

No opinion cites this provision by number.

Show all cases

1. Rule 6A-10.087 Postsecondary Education Benefits and Services for Students Who Have Been or are in Foster Care or are Experiencing Homelessness. (2)(e)3.
2. Rule 65C-28.008 Relative Caregiver Program Requirements. (2)(b)(2)(h)(2)(l)(2)(m)
3. Rule 65C-35.001 Definitions. (16)
4. Rule 65C-42.001 Definitions. (3)

No admin code rule cites this provision.

Show all rules

1. CFOP 170-5 Child Protective Investigations p. 14
2. CFOP 170-9 Family Assessment and Case Planning p. 22
3. CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers p. 20
4. CFOP 170-18 Services for Children with MH and Any Co-Occurring SA or DD Treatment Needs p. 33

No CFOP cites this provision.

Show all CFOPs