Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Permanent placement with a fit and willing relative.§ 39.6231

Part VIII · Permanency · 2026 Florida Statutes
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

Related court rules: Rule 8.425 Permanency hearings · Rule 8.430

7 opinions cite § 39.6231

  1. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.6231 1 time, the section generally

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    …reunification or adoption would not be in the best interest of the child and makes other specific factual findings enumerated under sections 39.621 through 39.6231, Florida 23 Statutes. See also T.B. v. Dep’t of Child. & Fams., 189 So. 3d 150, 153 (Fla. 4th DCA 2015). As we have…

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

    Affirmed This opinion cites § 39.6231 1 time, 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.

    … (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 under s. 39.6241 Id. §§ 39.621(2)(a)-(e) (emphasis added). …

  3. In re T.J. 59 So. 3d 1187 · 3D10-1111 · 3rd DCA 2011

    Reversed & remanded This opinion cites § 39.6231 1 time, the section generally

    · cited by 6 in all courts

    Summary denial of an orphaned immigrant teen's dependency petition reversed, though a majority found the diligent search for her father insufficient.

    …at least on the verified allegations in the amended petition, T.J. should be eligible for placement with her aunt as a "fit and willing relative," section 39.6231, Florida Statutes (2010), and no services have been requested of the Department. [5] The adjudication will permit T.J. to seek federal immigration status as…

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

    Affirmed This opinion cites § 39.6231 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.

    …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 under s. 39.6241.

  5. N.M. v. Department of Children & Families 964 So. 2d 909 · 4D07-783 · 4th DCA 2007

    Affirmed in part, reversed in part This opinion cites § 39.6231 1 time, a subsectionAlso cites § 39.6231(8), which couldn't be matched to today's text.

    Evidence supported changing the goal to permanent placement with a relative, but the order is remanded for the written findings required by section 39.6231(8).

    …of the child with a fit and willing relative. However, we reverse and remand for the trial court to make the required written findings pursuant to section 39.6231(8), Florida Statutes (2006). Reversed and Remanded. STONE, STEVENSON and HAZOURI, JJ., concur.

  6. C.M. v. Department of Children & Families 953 So. 2d 547 · 1D05-5351 · 1st DCA 2007

    Affirmed in part, reversed in part This opinion cites § 39.6231 1 time, the section generally

    · cited by 13 in all courts

    Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.

    …rights has been or will be filed," "[p]ermanent guardianship of a dependent child . . .," and "[p]ermanent placement with a fit and willing relative under s. 39.6231"). Because our prior opinion might have been construed broadly to suggest a legislative preference for placing a child with a relative even under…

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

    Rule amendment This opinion cites § 39.6231 1 time, the section generally

    · cited by 4 in all courts

    …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 permanent living arrangement under section 39.6241, Florida Statutes. (3) The best interest of the…

2 admin code rules cite § 39.6231

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

  1. Rule 65C-28.008 Relative Caregiver Program Requirements. (2)(b)(2)(h)(2)(l)
  2. Rule 65C-42.001 Definitions. (3)

1 CFOP cite § 39.6231

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers p. 20

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) If a court finds that reunification or adoption are not in the best interests of a child, the court may place the child with a fit and willing relative as a permanency option if:

(a) The child has been in the placement for at least the preceding 6 months;

(b) The relative has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence;

(c) The relative is suitable and able to provide a safe and permanent home for the child; and

(d) The relative agrees to give notice of any change in his or her residence or the residence of the child by filing a written document with the clerk of court.

(2) The department and the guardian ad litem shall provide the court with a recommended list and description of services needed by the child and the family in order to ensure the permanency of the placement.

(3) In its written order placing the child with a fit and willing relative, the court shall:

(a) List the circumstances or reasons why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;

(b) State the reasons why permanent placement with a fit and willing relative is being established instead of adoption;

(c) Specify the frequency and nature of visitation or contact between the child and his or her parents;

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

(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and

(f) Require that the relative not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

(4) The court shall give the relative a separate order establishing his or her authority to care for the child and providing other information the court deems proper which can be provided to entities and individuals who are not parties to the proceeding as necessary, notwithstanding the confidentiality of s. 39.202.

(5) The department shall continue to supervise the placement with the relative until further court order. The court shall continue to review the placement at least once every 6 months.

(6) Each party to the proceeding must be advised by the department and the court that placement with a fit and willing relative does not preclude the possibility of the child returning to the custody of the parent.

(7) The court shall continue to conduct permanency hearings in order to reevaluate the possibility of adoption or permanent guardianship of the child.

History. s. 21, ch. 2006-86.