Dependency Law Finder

1. Department of Children & Family Services v. P.E. 14 So. 3d 228 · SC09-169 · Florida Supreme Court 2009

   Other This opinion cites § 39.801 33 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (2007 statutes), now § 39.801(3)(e)Also cites § 39.462(1)(d) under the 1995 statutes, too old to match to today's subsections.

   · cited by 43 in all courts

   Supreme Court held that once a parent's consent to termination is entered for missing the adjudicatory hearing, DCF need not prove the alleged grounds.

   …or appear at the advisory hearing, the failure to respond or appear shall constitute consent for termination of parental rights by the person given notice." § 39.462(1)(d), Fla. Stat. (1995); see In re A.L., 711 So.2d 600, 601 (Fla. 2d DCA 1998) (reversing entry of default in termination proceeding because rules of civil…

2. Department of Children & Families v. A.S. 927 So. 2d 204 · 5D05-2906 · 5th DCA 2006

   Affirmed in part, reversed in part This opinion cites § 39.801 19 times: (3)(e)Cited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

   · cited by 5 in all courts

   Dismissal of prior-sibling ground reversed because termination by consent after nonappearance is still involuntary; dismissal of the continuing-involvement ground affirmed.

   …of section 39.806(1)(i) when the parents fail to appear for the adjudicatory hearing and the trial court enters the termination order pursuant to section 39.801(3)(d), Florida Statutes (2005), which provides in pertinent part that "failure of [the] parent to personally appear at the adjudicatory hearing shall constitute…

3. J.B. v. Department of Children & Family Services 768 So. 2d 1060 · SC95890 · Florida Supreme Court 2000

   Reversed & remanded This opinion cites § 39.801 11 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (1999 statutes), now § 39.801(3)(e)Also cites § 39.462(1)(d), 39.462(1)(a) under the 1995 statutes, too old to match to today's subsections.

   · cited by 63 in all courts

   Termination reversed: twenty-four hours' notice of the advisory hearing and denial of counsel violated due process, though consent by default is facially constitutional.

   …not attend the advisory hearing or call to explain why he could not attend, the trial court entered a consent on his behalf under the provisions of section 39.462(1)(d), Florida Statutes [(1995)]. The first hearing the father attended in the course of the termination proceeding was the adjudicatory hearing in December 1996.…

4. F.M. v. Department of Children & Families 95 So. 3d 378 · 3D12-891 · 3rd DCA 2012

   Reversed & remanded This opinion cites § 39.801 7 times: (3)(a), (3)(b), (3)(e), and the section generallyCited as § 39.801(3)(d) (2010 statutes), now § 39.801(3)(e)

   · cited by 2 in all courts

   Default termination reversed because the court did not inquire why the out-of-state father, who appeared by phone, could not appear in person.

   …The court set an advisory hearing for February 29, 2012. Notice of the advisory hearing and substitute service of process was provided, pursuant to section 39.801(3)(b), Florida Statutes (2010), via publication in local newspapers in both Miami-Dade and Louisiana where the father had reportedly last lived. The notice…

5. C.B. v. Department of Children & Family Services 990 So. 2d 520 · 2D06-4205 · 2nd DCA 2008

   Affirmed This opinion cites § 39.801 7 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

   · cited by 5 in all courts

   Termination by consent from nonappearance affirmed; the trial court did not abuse its discretion in finding the mother's inconsistent excuses not credible and denying relief.

   …J.B. The judgment was based upon the Mother’s implied consent to termination due to the fact that she failed to appear for the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2005). Based on the trial court’s finding that the Mother did not make a reasonable effort to be present at the hearing, we affirm. *521 This…

6. M.J.W. v. Department of Children & Families 825 So. 2d 1038 · 1D01-4074 · 1st DCA 2002

   Reversed & remanded This opinion cites § 39.801 7 times: (1), (3)(a), (3)(b), and the section generally

   · cited by 13 in all courts

   Termination reversed because the Department served the mother neither personally nor by publication; an avoidance-of-service affidavit and actual notice were insufficient.

   …of Children and Families, appellee, did not serve the mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1) and (c). As a result of our holding on the service issue, we do not address the…

7. Justice Administrative Commission v. Berry 5 So. 3d 696 · 3D08-2541 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites § 39.801 6 times: (3)(a), (3)(b), (3)(e)Cited as § 39.801(3)(d) (2007 statutes), now § 39.801(3)(e)

   · cited by 5 in all courts

   Orders making the Justice Administrative Commission pay appointed counsel for nonappearing putative fathers quashed because indigency was never determined and estoppel did not apply.

   …whereabouts were unknown, both fathers were served with TPR petitions and noticed of statutorily mandated advisory hearings by publication. See § 39.801(3)(a), Fla. Stat. (2007) (providing that before parental rights may be terminated, notice of an advisory hearing for the petition and a copy of the petition must be…

8. B.H. v. Department of Children & Families 882 So. 2d 1099 · 4D04-191 · 4th DCA 2004

   Reversed & remanded This opinion cites § 39.801 6 times: (3)(e)Cited as § 39.801(3)(d) (2003 statutes), now § 39.801(3)(e)

   · cited by 16 in all courts

   Termination reversed because the out-of-state father's telephone appearance, on short notice, counted as personal appearance and implied consent should not have been found.

   …by telephone and entered an Order reflecting the same. Following a motion for rehearing, the attorney ad litem and the Department argued that under section 39.801(3)(d), Florida Statutes (2003), failure to personally appear at the advisory hearing after notice constitutes consent to the termination of parental rights. They…

9. In re W.C. 797 So. 2d 1273 · 1D01-1534 · 1st DCA 2001

   Affirmed This opinion cites § 39.801 6 times: (3), (3)(a), (3)(e)Cited as § 39.801(3)(d) (2000 statutes), now § 39.801(3)(e)Also cites § 39.462(1)(d), which couldn't be matched to today's text.

   · cited by 5 in all courts

   Termination affirmed: under the amended statute a parent's failure to personally appear at the advisory hearing is consent, even if his attorney attended.

   …appear at the advisory hearing, the failure to respond or appear shall constitute consent for termination of parental rights by the person given notice." § 39.462(1)(d), Fla. Stat. (1997) (emphasis added). [2] See Ch. 98-403, § 83, at 3199, Laws of Fla. [3] See Ch. 99-193, § 42, at 1163, § 58, at 1175, Laws of Fla.

10. S.C. v. Department of Children & Families 2D18-4432 · 2nd DCA 2019

    Reversed & remanded This opinion cites § 39.801 5 times: (3)(e)Cited as § 39.801(3)(d) (2018 statutes), now § 39.801(3)(e)

    Termination of the father's rights reversed because consent by nonappearance was entered for missing a date when the adjudicatory hearing had been continued.

    …that the trial court erred in terminating the Father's parental rights based on failure to personally appear at an adjudicatory hearing under section 39.801(3)(d), Florida Statutes (2018).2 Section 39.801(3)(d) provides the following: If a parent appears for the advisory hearing and the court …

11. L.E. v. Department of Children & Families 91 So. 3d 243 · 4D12-864 · 4th DCA 2012

    Affirmed This opinion cites § 39.801 5 times: (3)(e)Cited as § 39.801(3)(d) (2011 statutes), now § 39.801(3)(e)

    Termination affirmed; the mother's nonappearance at the advisory hearing was consent, which implied least restrictive means, and findings and evidence supported it anyway.

    …to substantially comply with the reunification case plan. When the trial court held an advisory hearing, the mother failed to appear. Pursuant to section 39.801(3)(d), Florida Statutes, the court entered a consent on the mother’s behalf to the petition for termination of parental rights. The court then proceeded to hear…

12. T.L.D. v. Department of Children & Family Services 883 So. 2d 910 · 2D03-4501 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.801 5 times: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 20 in all courts

    Termination reversed because the court used the wrong test on the motion to set aside implied consent, which should be liberally granted.

    …judgment was entered based upon T.L.D.’s implied consent to the termination, which resulted from her failure to appear at the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2002). Because we conclude the trial court applied the wrong analysis in ruling on T.L.D.’s motion to set aside her implied consent, we reverse…

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

    This opinion cites § 39.801 5 times, a subsectionCited as § 39.462 (1990 statutes), now § 39.801Also cites § 39.462(1)(a)2., 39.462(1)(d) under the 1990 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …for the trial court to provide Thomas the opportunity to show cause as to why he should be made a party to these proceedings, in accordance with section 39.462(1)(a)(2), Florida Statutes. In addition, we find the trial court's order to be insufficient for failure to comply with section 39.467, Florida Statutes (Supp. 1990).…

14. G.H. v. Department of Children & Families 227 So. 3d 761 · 3D17-1701 · 3rd DCA 2017

    Reversed & remanded This opinion cites § 39.801 4 times: (3), (3)(a), (3)(e)Cited as § 39.801(3)(d) (2016 statutes), now § 39.801(3)(e)

    Termination by implied consent reversed on DCF's confession of error because the mother was never personally served with the petition and advisory hearing summons.

    …G.H.’s failure to attend the advisory hearing, the trial entered a consent to the termination of G.H.’s parental rights on behalf of G.H. as to D.E.B. See § 39.801(3)(d) of the Florida Statutes (2016) (“If the person served with notice under this section fails to personally appear at the advisory hearing, the failure…

15. In re H.E. 3 So. 3d 341 · 2D07-4605 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.801 4 times: (3)(e)Cited as § 39.801(3)(d) (2007 statutes), now § 39.801(3)(e)

    · cited by 2 in all courts

    After consent by nonappearance the department need not prove a ground, but the court must still hear best-interests evidence before terminating; reversed, conflict certified.

    …made in the termination petition. [1] In S.S., the Third District concluded that "`implied, presumed, or constructive consent' under ... `section 39.801(3)(d) does not end the judicial labor of the trial court; it must then proceed to receive evidence to support the grounds alleged in the petition for termination.'"…

16. S.S. v. Department of Children & Family Services 976 So. 2d 41 · 3D06-3083 · 3rd DCA 2008

    Reversed & remanded This opinion cites § 39.801 4 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2006 statutes), now § 39.801(3)(e)

    · cited by 3 in all courts

    Termination reversed because DCF did not prove personal service of the statutory warning notice; even after default, DCF must still prove grounds.

    …default then would have constituted, as a matter of law, the mother’s implied consent for termination of parental rights under the plain language of paragraph 39.801(3)(d), Florida Statutes (2006). 2 In this case, however, DCF and the record do not establish that the mother was personally served with the statutory notice…

17. E.A. v. Department of Children & Families 894 So. 2d 1049 · 5D04-1904 · 5th DCA 2005

    Reversed & remanded This opinion cites § 39.801 4 times: (3)(e)Cited as § 39.801(3)(d) (2004 statutes), now § 39.801(3)(e)

    · cited by 9 in all courts

    Termination reversed because the court abused its discretion by refusing to set aside implied consent for a father 22 minutes late due to traffic.

    …B.S. and B.S. The judgment was based upon E.A.'s implied consent to the termination, resulting from his late arrival at an adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2004). Because we conclude that under the circumstances the trial judge abused his discretion in not setting aside his finding of implied…

18. S.C. v. Department of Children & Families 877 So. 2d 831 · 4D03-4669 · 4th DCA 2004

    Affirmed This opinion cites § 39.801 4 times: (3), (3)(e)Cited as § 39.801(3)(d) (2003 statutes), now § 39.801(3)(e)

    · cited by 7 in all courts

    Termination by constructive consent affirmed because the out-of-state mother gave contradictory, not credible excuses for missing the agreed telephone appearance; telephone appearance was permissible.

    …court's conclusions as to her truthfulness. See Rathburn v. Dep't of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of Juvenile Procedure 8.510(a)(3), provide statutory and procedural authority for the court to accept a parent's failure…

19. R.H. v. Department of Children & Family Services 860 So. 2d 986 · 3D02-2399 · 3rd DCA 2003

    Reversed & remanded This opinion cites § 39.801 4 times: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 12 in all courts

    Termination reversed: refusing to vacate the default was an abuse of discretion, the wrong best-interests test was used, and no evidence was taken.

    …rights and finding of a default by consent. I write separately to clarify that defaults by consent can be properly entered against parents pursuant to Section 39.801(3)(d), Florida Statutes (2002). See J.B. v. Fla. Dep't of Children & Family Servs., 768 So.2d 1060 (Fla.2000) (upholding constitutionality of consent to…

20. J.M. v. Department of Children & Families 833 So. 2d 279 · 5D02-2375 · 5th DCA 2002

    Reversed & remanded This opinion cites § 39.801 4 times: (3), (3)(b), and the section generally

    · cited by 2 in all courts

    Termination reversed because publication notice ran fewer than 28 days before the advisory hearing and notice to the mother's attorney could not replace personal service.

    …order terminating J.M.'s parental rights was filed on June 12, 2002. Chapter 39 establishes the statutory framework for terminating parental rights. Section 39.801 provides for notice, service of process and termination of parental rights for failure to appear: (1) All procedures, including petitions, pleadings,…

21. S.S. v. Department of Children & Families 735 So. 2d 576 · 2D98-04841 · 2nd DCA 1999

    This opinion cites § 39.801 4 times: (3)(a), and the section generallyCited as § 39.462(1)(a) (1997 statutes), now § 39.801(3)(a); § 39.462 (1998 statutes), now § 39.801

    …AND TERMINATION OF YOUR PARENTAL RIGHTS. (Emphasis supplied.) For the most part, this language generally conformed to the notice requirements of section 39.462(l)(a), Florida Statutes (1997), and the pre-Octo-ber 1998 version of Florida Rule of Juvenile Procedure 8.505(b). 1 Effective October 1, 1998 — four weeks before…

22. K.W. v. Department of Children & Families 3D2024-0400 · 3rd DCA 2024

    Reversed & remanded This opinion cites § 39.801 3 times: (2)

    Termination reversed because a general magistrate held the advisory hearing, where the mother defaulted, without an order of referral authorizing it.

    …it is well-settled that a trial court shall have exclusive original jurisdiction over proceedings involving the termination of parental rights. See § 39.801(2), Fla. Stat. (“The circuit court shall have exclusive original jurisdiction of a proceeding involving termination of parental rights.”). The trial court,…

23. M.D.-P v. Department of Children & Families 3D23-0574 · 3rd DCA 2023

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2022 statutes), now § 39.801(3)(e)

    Termination reversed because the court abused its discretion refusing to set aside the mother's default for missing a Zoom trial despite excusable neglect.

    …because she had been at every hearing. As requested by the Department of Children and Families, the trial court entered a default against the Mother. See § 39.801(3)(d), Fla. Stat. (2022) (“If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition…

24. C.R. v. Department of Children & Families 225 So. 3d 393 · 5D17-1736-2 · 5th DCA 2017

    Affirmed This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2017 statutes), now § 39.801(3)(e)

    · cited by 2 in all courts

    Termination by default consent affirmed because the mother's absence was voluntary; she declined to admit herself to the hospital or accept transportation to court.

    …to appear at trial. Mother raises only one issue, arguing .that the trial court abused its discretion in entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule of Juvenile Procedure 8.525(d), as she was *394 unable to attend trial due to circumstances beyond her control. We…

25. C.R. v. Department of Children & Families 5D17-1736 · 5th DCA 2017

    Affirmed This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2017 statutes), now § 39.801(3)(e)

    Termination by default consent affirmed because the mother's absence was voluntary; she declined to admit herself to the hospital or accept transportation to court.

    …to appear at trial. Mother raises only one issue, arguing that the trial court abused its discretion in entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule of Juvenile Procedure 8.525(d), as she was unable to attend trial due to circumstances beyond her control. We…

26. R.W.M. v. Department of Children & Families 184 So. 3d 1235 · 2D14-5630-3 · 2nd DCA 2016

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2014 statutes), now § 39.801(3)(e)

    Termination by consent reversed; the incarcerated father showed excusable neglect, waiting by the jail phone after being told he could appear by telephone.

    …we granted his attorney's motion to relinquish jurisdiction to hold a hearing on the father's motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father, who was incarcerated in various jails during the pendency of these proceedings, argued at the evidentiary hearing that…

27. R.W.M. v. Department of Children & Families 2D14-5630-2 · 2nd DCA 2016

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2014 statutes), now § 39.801(3)(e)

    Termination by consent reversed; the incarcerated father showed excusable neglect, waiting by the jail phone after being told he could appear by telephone.

    …we granted his attorney's motion to relinquish jurisdiction to hold a hearing on the father's motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father, who was incarcerated in various jails during the pendency of these proceedings, argued at the evidentiary hearing that…

28. C.S. v. Department of Children & Families 124 So. 3d 978 · 4D13-713 · 4th DCA 2013

    Affirmed This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2012 statutes), now § 39.801(3)(e)

    · cited by 5 in all courts

    Termination affirmed over a dissent; consent was properly entered when the parents missed a noticed third trial day, and findings supported termination.

    …authorize the trial court to enter a consent when the parents appear for the first day of trial but are not present on a continuation of the trial. Section 39.801(3)(d), Florida Statutes (2012), provides: If a parent appears for the advisory hearing and the court orders that parent to personally appear at the adjudicatory…

29. Slowinski v. Sweeney 117 So. 3d 73 · 1D12-3925 · 1st DCA 2013

    This opinion cites § 39.801 3 times: (3)(a), and the section generally

    · cited by 3 in all courts

    …birth. John Slowinski’s parental rights and the attendant responsibilities of support were never terminated under any of the applicable legal procedures. §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. Upon the mother’s death in September 2008, the child’s maternal grandmother filed her…

30. R.A. v. Department of Children & Families 83 So. 3d 841 · 5D11-1504 · 5th DCA 2011

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2010 statutes), now § 39.801(3)(e)

    Termination reversed: defaulting the father for missing a third advisory hearing was fundamental error, and abandonment was unproven; new hearing allowed.

    …agree. When a parent fails to appear at a TPR advisory or adjudicatory hearing, the trial court can deem the default a consent to the termination. See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d); D.M. v. Dep’t of Children & Families, 921 So.2d 737, 739 (Fla. 5th DCA 2006). However, the only two types of TPR…

31. B.S. v. Department of Children & Family Services 57 So. 3d 964 · 3D10-3383 · 3rd DCA 2011

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (2010 statutes), now § 39.801(3)(e)

    Termination by constructive consent reversed on DCF's confession because the court never warned the mother that failing to appear in person would constitute consent.

    CONFESSION OF ERROR SHEPHERD, J. The mother, B.S., appeals from a trial court order terminating her parental rights by “consent,” pursuant to section 39.801 (3)(d) of the Florida Statutes (2010). The statute reads as follows: . If the person served with notice under this section fails to personally appear at the…

32. T.H. v. Department of Children & Families 56 So. 3d 150 · 4D10-3503 · 4th DCA 2011

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2010 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination reversed because the written surrender documents were never filed or examined, so the statutory requirements for a voluntary surrender were not met.

    …section 39.806(l)(a), Florida Statutes. Rather, the Fifth District examined termination of parental rights by implied or constructive consent under section 39.801(3)(d), Florida Statutes (2010). A.S., 927 So.2d at 205 . In A.S., the court explicitly recognized the important distinction between termination of parental…

33. The Florida Bar v. Dove 985 So. 2d 1001 · SC05-302 · Florida Supreme Court 2008

    This opinion cites § 39.801 3 times: (3)(a)5.

    · cited by 3 in all courts

    …a protected, priority adoption status, and an entitlement to notice of the termination-of-parental-rights and adoption proceedings. [12] See §§ 63.0425(1), 39.801(3)(a)(5), Fla. Stat. (2002); [13] see also, e.g., In re X.Z.C., 747 So.2d 1006, 1006-07 (Fla. 2d DCA 1999) ("Section 63.0425, Florida Statutes (1997), provides…

34. Department of Children & Families v. J.J.E. 953 So. 2d 659 · 5D06-1797 · 5th DCA 2007

    Affirmed This opinion cites § 39.801 3 times: (3)(a)1., (3)(b), and the section generally

    · cited by 2 in all courts

    Order voiding the father's termination affirmed because DCF failed to conduct a diligent search before serving him by publication.

    …opportunity to be heard and defend in an orderly procedure." M.J.W. v. Dep't of Children & Families, 825 So.2d 1038, 1040 (Fla. 1st DCA 2002). Section 39.801, Florida Statutes (2006), and Florida Rules of Juvenile Procedure 8.505 govern the procedure for giving notice and serving process with respect to a petition…

35. D.M. v. Department of Children & Families 921 So. 2d 737 · 5D05-2885 · 5th DCA 2006

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

    · cited by 6 in all courts

    Consent to termination by default reversed because the disabled out-of-state mother made reasonable efforts to attend and should have been allowed to appear by telephone.

    …failed to show good cause why she should be allowed to appear by *739 audio device for the TPR trial rather than in person. This appeal ensued. Section 39.801(3)(d), Florida Statutes (2005), provides that if a person served with notice fails to personally appear at an advisory hearing, the failure to personally appear…

36. In re T.B. 920 So. 2d 170 · 2D05-1100 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2003 statutes), now § 39.801(3)(e)

    · cited by 3 in all courts

    Consent and termination judgment reversed because denying the father a continuance was an abuse of discretion; he had made reasonable efforts to attend.

    …The trial court did not enter the consent order as to the father or the final judgment terminating parental rights until February 7, 2005. [3] Section 39.801(3)(d), Florida Statutes (2003), provides, in pertinent part, as follows: If a parent appears for the advisory hearing and the court orders that parent to…

37. V.D.C. v. Department of Children & Family Services 899 So. 2d 1193 · 1D04-3842 · 1st DCA 2005

    Reversed This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2004 statutes), now § 39.801(3)(e)

    · cited by 4 in all courts

    Termination reversed because consent cannot be entered for missing a pretrial hearing the mother was never ordered to attend under threat of consent.

    …terminate parental rights, where a parent receives adequate notice of the necessity to attend either an advisory hearing or an adjudicatory hearing, section 39.801(3)(d), Florida Statutes (2004), provides: If the person served with notice under this section fails to personally appear at the advisory hearing, the failure to…

38. E.S. v. Department of Children & Family Services 878 So. 2d 493 · 3D03-2899 · 3rd DCA 2004

    Reversed & remanded This opinion cites § 39.801 3 times: (3)(e)Cited as § 39.801(3)(d) (2003 statutes), now § 39.801(3)(e)

    · cited by 10 in all courts

    Consent by nonappearance was valid, but denying the mother's motion to vacate without letting her testify about her medical excuse was error; remanded.

    …of said hearing, then failure of that parent to personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42, Laws of Fla.; J.B. v. Florida Dept. of Children and Family Servs., 768 So.2d 1060 , 1065 n. 3 (Fla.2000). …

39. J.B. v. Department of Children & Family Services 734 So. 2d 498 · 1D98-1310 · 1st DCA 1999

    This opinion cites § 39.801 3 times, a subsectionCited as § 39.462 (1995 statutes), now § 39.801Also cites § 39.462(1)(d) under the 1995 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …not attend the advisory hearing or call to explain why he could not attend, the trial court entered a consent on his behalf under the provisions of section 39.462(1)(d), Florida Statutes. The first hearing the father attended in the course of the termination proceeding *500 was the adjudicatory hearing in December 1996.…

40. In re E.L. 732 So. 2d 37 · 2D98-02462 · 2nd DCA 1999

    This opinion cites § 39.801 3 times: (3)(a), and the section generallyCited as § 39.462 (1997 statutes), now § 39.801; § 39.462(1)(a) (1997 statutes), now § 39.801(3)(a)

    · cited by 6 in all courts

    …and entered an order of dependency covering all the children. Afterward, DCF filed a petition to terminate L.M.L.'s parental rights. Pursuant to section 39.462, Florida Statutes (1997), it attempted to serve her with a summons and notice of an advisory hearing scheduled for March 31, 1998. These were returned…

41. F.D. v. Department of Children & Families 3D2024-2321 · 3rd DCA 2025

    Affirmed This opinion cites § 39.801 2 times: (3)(e)

    Termination by consent affirmed because the court properly denied a Zoom appearance to a father who absconded from his facility and became a fugitive.

    …court’s denial of F.D.’s motion to appear at the advisory hearing via Zoom. By denying F.D.’s motion to appear by Zoom, the trial court, applying section 39.801(3)(e), Florida Statutes, presumed consent to termination based on F.D.’s failure to appear. So did the trial court abuse its discretion in denying F.D.’s motion…

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

    Reversed & remanded This opinion cites § 39.801 2 times: (1), (3)(a)

    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.

    …pleadings, subpoenas, summonses, and hearings,” must be in accordance with the Florida Rules of Juvenile Procedure, “unless otherwise provided by law.” § 39.801(1), Fla. Stat. Both DCF and the guardian ad litem (“GAL”) program are parties in any chapter 39 proceedings. § 39.01(52), Fla. Stat.; cf. § 39.807(2)(a), Fla.…

43. A.D. v. Department of Children & Families 269 So. 3d 642 · 2D18-4211 · 2nd DCA 2019

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2018 statutes), now § 39.801(3)(e)

    Termination reversed because the court refused to let the mother appear by phone to explain missing the advisory hearing before entering consent by default.

    …Dep't of Children & Family Servs., 768 So. 2d 1060, 1064 (Fla. 2000) (citing Santosky v. Kramer, 455 U.S. 745, 753 (1982)). Under section 39.801(3)(a), Florida Statutes (2018), parents must be notified of an advisory hearing on a petition to terminate their parental rights, and the notice must meet certain…

44. AH v. Department of Children & Families 22 So. 3d 801 · 5D09-611 · 5th DCA 2009

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (2008 statutes), now § 39.801(3)(e)

    · cited by 7 in all courts

    Termination by default reversed because the court never warned the father that nonappearance meant consent and implied his lawyer could appear for him.

    …The court entered a consent to termination on behalf of Appellant, found that he had abandoned his children and terminated his parental rights. Section 39.801(3)(d), Florida Statutes (2008), addresses requirements that must be met before a court may terminate parental rights for a parent’s failure to appear at an…

45. In re D.A. 943 So. 2d 885 · 2D05-5205 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(e)Cited as § 39.801(3)(d) (2004 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination reversed because denying a continuance and treating the mother's absence as consent was an abuse of discretion when transportation problems kept her away.

    …hearing and in determining that her failure to appear constituted a consent to the termination of her parental rights. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2004), provides that a parent's failure to personally appear at the adjudicatory hearing constitutes a consent for termination if the…

46. In re A.D.C. 854 So. 2d 720 · 2D02-4572 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2001 statutes), now § 39.801(3)(e)

    · cited by 2 in all courts

    Termination reversed: incarceration was not a substantial portion of minority, DCF never gave the father a case plan, and the sibling termination was by consent.

    …involuntarily. C.C.'s rights to his other child were terminated after C.C. failed to appear at the adjudicatory hearing regarding that child. Section 39.801(3)(d) specifically states that "failure to personally appear shall constitute consent for termination of parental rights by the person given notice." (Emphasis…

47. C.C. v. Department of Children & Family Services 854 So. 2d 720 · 2D02-4572-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2001 statutes), now § 39.801(3)(e)

    · cited by 11 in all courts

    Termination reversed: incarceration was not a substantial portion of minority, DCF never gave the father a case plan, and the sibling termination was by consent.

    …involuntarily. C.C.’s rights to his other child were terminated after C.C. failed to appear at the adjudicatory hearing regarding that child. Section 39.801(3)(d) specifically states that “failure to personally appear shall constitute consent for termination of parental rights by the person given notice.” (Emphasis…

48. Z.M. v. Department of Children & Families 853 So. 2d 1084 · 4D03-662 · 4th DCA 2003

    Reversed This opinion cites § 39.801 2 times: (3)(e)Cited as § 39.801(3)(d) (2001 statutes), now § 39.801(3)(e)

    · cited by 4 in all courts

    Refusal to vacate a default consent to termination reversed as an abuse of discretion where the parents arrived an hour late after a transit mistake.

    …R.P. v. Dep't of Children and Families, 835 So.2d 1212 (Fla. 4th DCA 2003). Significant in the present case, as in R.P., this court discussed section 39.801(3)(d), Florida Statutes, explaining that although the statute authorizes a default at the advisory hearing in termination of parental rights cases, courts should…

49. C.R.K. v. Department of Children & Families 826 So. 2d 1053 · 4D01-4800 · 4th DCA 2002

    Reversed This opinion cites § 39.801 2 times: (3)(e)Cited as § 39.801(3)(d) (2001 statutes), now § 39.801(3)(e)

    · cited by 3 in all courts

    Termination reversed: the mother was defaulted at a calendar call, not an adjudicatory hearing, notice was inadequate, and evidence was not clear and convincing.

    …call/trial on October 17, 2001 and was instructed that her failure to appear constituted grounds of termination of parental rights in accordance with Section 39.801(3)(d). We find this order to be deficient for a number of reasons. Rule 8.525(i) of the Florida Rules of Juvenile Procedure provides: "If the court finds after…

50. R.A. v. Department of Children & Family Services 813 So. 2d 208 · 2D01-2289 · 2nd DCA 2002

    Reversed & remanded This opinion cites § 39.801 2 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (2000 statutes), now § 39.801(3)(e)

    Termination reversed and remanded because DCF conceded the court did not meet the consent-by-nonappearance requirements of section 39.801(3)(d).

    …to his two children, E.A. and S.O. The Department of Children and Family Services concedes that the trial court did not satisfy the requirements of section 39.801(S)(d), Florida Statutes (2000). Therefore; this court need not address the constitutionality of section 39.801(3)(d). We reverse the order terminating parental…

51. J.T. v. Department of Children & Families 800 So. 2d 692 · 5D01-1428 · 5th DCA 2001

    Affirmed This opinion cites § 39.801 2 times: (3)(e), and the section generallyCited as § 39.801(3)(d) (1999 statutes), now § 39.801(3)(e)

    · cited by 6 in all courts

    Termination affirmed: denying a continuance when the noticed parents did not appear was proper, and relief for defective notice lies under rule 8.270(b).

    …Equally important, in E.L., the court terminated parental rights based solely upon the mother's default in failing to appear at the hearing. See § 39.801(3)(d), Fla. Stat. Here, the court took testimony and found that termination was proper, irrespective of the parents' non-appearance, given the evidence of their…

52. Adoption by Choice, Inc. v. X.Z.C. 747 So. 2d 1006 · 2D99-01751 · 2nd DCA 1999

    This opinion cites § 39.801 2 times: (3)(a)

    · cited by 2 in all courts

    …parents. The trial judge set aside the final order terminating parental rights on the basis that the maternal grandmother was entitled to notice under section 39.801(3)(a), Florida Statutes (Supp.1998), as the child had lived with her for at least six months, the length of time specified in the statute. We agree. Section…

53. C.B. v. Department of Children & Families 750 So. 2d 61 · 2D98-04297 · 2nd DCA 1999

    This opinion cites § 39.801 2 times: (3)(a)Cited as § 39.462(1)(a) (1997 statutes), now § 39.801(3)(a)

    · cited by 2 in all courts

    …(1997). In In the Interest of E.L., I.L., and K.L., 732 So.2d 37 (Fla. 2d DCA 1999), this court held that oral notice is insufficient to satisfy section 39.462(l)(a), which sets forth the same requirements for the notice to appear as section 39.405(15) but in the termination context. This holding was based on the fact that…

54. Henriquez v. Adoption Centre, Inc. 641 So. 2d 84 · 5D93-173 · 5th DCA 1994

    This opinion cites § 39.801 2 times, a subsectionAlso cites § 39.462(1)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …appealed the termination of his parental rights. The father is not aware of his rights; the mother has no interest in protecting them. It is true that section 39.462(1)(a)2 requires no notice to an unmarried father who fails to either adopt the child, have his paternity established in court, acknowledge paternity in a writing…

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

    This opinion cites § 39.801 2 times, a subsectionCited as § 39.462 (1992 statutes), now § 39.801Also cites § 39.462(1)(d) under the 1992 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    … (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. 39.462(1)(d); and (c)1. The parent was informed of his right to counsel in the dependency proceeding…

56. Rivera-Berrios v. Adoption Centre, Inc. 617 So. 2d 1067 · 5D92-2313 · 5th DCA 1993

    This opinion cites § 39.801 2 times, a subsectionAlso cites § 39.462(1)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …trial court denied the natural father's motion to vacate the final judgment of termination of parental rights. I would reverse. I would hold that section 39.462(1)(a)2, at least as applied to this case, is unconstitutional in that it has deprived the natural father of due process of law. This provision indicates that the…

57. In Interest of D.P. 595 So. 2d 62 · 1D91-1750 · 1st DCA 1992

    This opinion cites § 39.801 2 times, a subsectionCited as § 39.462 (1989 statutes), now § 39.801Also cites § 39.462(1) under the 1989 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …find, in its termination order, that they were notified of their right to counsel in the original dependency proceeding. We reverse on both points. Section 39.462, Florida Statutes (1989) provides, in part, as follows: (1) Before the court may terminate parental rights, in addition to the other requirements set forth…

58. Gelatt v. Department of Health & Rehabilitative Services 585 So. 2d 477 · DCA91-1255 · District Court of Appeal 1991

    This opinion cites § 39.801 2 times, a subsectionAlso cites § 39.462(1)(a), 39.462(1)(b) under the 1989 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …did not give notice of the March 15, 1991 dispositional hearing as required by statute. A person required to be served with notice as prescribed by section 39.462(l)(a), Florida Statutes (1989), is entitled to notice of hearings. § 39.462(l)(b), Fla.Stat. (1989). Failure to furnish appellant notice of the disposition hearing…

59. Fleming v. Brown 581 So. 2d 202 · 5D89-2298 · 5th DCA 1991

    This opinion cites § 39.801 2 times, a subsectionCited as § 39.46 (1987 statutes), now § 39.801Also cites § 39.46(1) under the 1989 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …under rule 1.530, Florida Rules of Civil Procedure (we also assume that the trial court meant rule 1.540) and that none of the procedures outlined in section 39.46, Florida Statutes (1987), were applicable to consensual termination of parental rights. We disagree with both of the trial court's conclusions. In …

60. Ashley Nicole Isabel Brito v. Jennifer Salas & Angel Giovanni Rivera v. Jennifer Salas SC2024-1184 · Florida Supreme Court 2025

    This opinion cites § 39.801 1 time, the section generallyCited as § 39.462 (1989 statutes), now § 39.801

    …and all nontraditional procreative methods, without regard for (or discussion of) the rights typically associated with biological parentage. See, e.g., § 39.462-.464, .467, Fla. Stat. (1989) (outlining detailed procedures for the termination of parental rights). D Finally,…

61. F.E.O. v. Department of Children & Families 3D2024-1609 · 3rd DCA 2025

    Affirmed This opinion cites § 39.801 1 time: (3)(e)

    Denial of the mother's motion to set aside termination affirmed; her failure to appear at the adjudicatory hearing constituted consent under the statute.

    …Director of Appeals (Tallahassee), for appellee Guardian ad Litem. Before LOGUE, C.J., and EMAS and SCALES, JJ. PER CURIAM. Affirmed. See § 39.801(3)(e), Fla. Stat. (2024) (“If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition…

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

    Reversed & remanded This opinion cites § 39.801 1 time: (1)

    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.

    …to the TPR itself." Id. at 751. The Florida Rules of Juvenile Procedure apply to the proceedings, "unless otherwise provided by law." Id. at 752 (quoting § 39.801(1), Fla. Stat. (2017)). In contrast, a chapter 63 TPR proceeding "is in furtherance of and service to the adoption itself." Id. at 753. The 3 We have no…

63. M.S. v. Guardian ad Litem Program 3D22-1108 · 3rd DCA 2022

    Certiorari / writ denied This opinion cites § 39.801 1 time: (1)

    Certiorari denied; the court properly barred a post-trial deposition of a recanting child sexual-abuse witness for good cause and ordered her to testify in court.

    …trial court found good cause for denying the deposition request. We therefore turn our analysis to whether that finding is supported. Section 39.801(1), Florida Statutes (2022), provides that “[a]ll procedures . . . in termination of parental rights proceedings shall be according to the Florida Rules of…

64. H.A.R. v. Department of Children & Families 4D20-1921 · 4th DCA 2021

    Affirmed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2020 statutes), now § 39.801(3)(e)

    Refusal to vacate the default for the mother's late appearance at trial was not an abuse of discretion after repeated warnings and a non-credible excuse.

    … We affirm the final judgment of termination of the appellant mother’s parental rights. The trial court entered a default against her pursuant to section 39.801(3)(d), Florida Statutes (2020), which she claims was an abuse of discretion. We disagree. The adjudicatory hearing took place over several days. Twice…

65. M.B. v. Department of Children & Families 4D19-3631 · 4th DCA 2020

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2019 statutes), now § 39.801(3)(e)

    Constructive consent reversed because the father arrived fifty minutes late due to car trouble and made reasonable effort to attend.

    …before he arrived fifty minutes late for his trial. The trial court then denied his motion to vacate the constructive consent. We reverse. Section 39.801(3)(d), Florida Statutes (2019), expressly authorizes the entry of a consent to termination of parental rights based on a parent’s failure to appear at the…

66. E.U. v. Department of Children & Families 2D18-1637 · 2nd DCA 2018

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2017 statutes), now § 39.801(3)(e)

    Termination and consent by nonappearance reversed because delay in appointing counsel and counsel's later absence at the best interests hearing denied the mother effective assistance.

    … 1While we recognize that trial courts are required by statute to enter a consent when a parent fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best practice would be to resolve a pending request for counsel prior to entering a consent by nonappearance. …

67. T.J.T. v. Department of Children & Families 257 So. 3d 1220 · 2D18-1637-2 · 2nd DCA 2018

    This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2017 statutes), now § 39.801(3)(e)

    …Concur. While we recognize that trial courts are required by statute to enter a consent when a parent fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best practice would be to resolve a pending request for counsel prior to entering a consent by nonappearance.

68. M.P. v. Department of Children & Families 230 So. 3d 512 · 3D17-1302 · 3rd DCA 2017

    Affirmed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2016 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Denial of the mother's motion to vacate a default termination affirmed because she failed to show a meritorious defense to the case plan noncompliance ground.

    …of discretion. After M.P.’s failure to attend the adjudicatory hearing, the trial court entered an implied consent to termination, pursuant to section 39.801(3)(d), Fla. Stat. (2016), and proceeded to receive evidence that supported the termination of M.P.’s parental rights, as alleged in the Department of Children and…

69. T.H. v. Department of Children & Families 221 So. 3d 1285 · 3D17-0727 · 3rd DCA 2017

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2016 statutes), now § 39.801(3)(e)

    Denial of the father's motion to vacate implied consent reversed on confession of error, given his hospitalization and that DCF itself had sought the continuance.

    …the trial court concluded that the Father failed to present a meritorious defense and it denied the Father’s motion. This appeal followed. Section 39.801(3)(d), Florida Statutes (2016), authorizes constructive or implied consent in termination cases, but “courts should ordinarily refrain from …

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

    Affirmed This opinion cites § 39.801 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.

    …(section 39.501), the case plan (section 39.6011), and finally the permanency determination (section 39.621) and the termination of parental rights (section 39.801). The Florida Rules of Juvenile Procedure governing Dependency and Termination of Parental Rights Proceedings also specify in detail the…

71. R.W.M. v. Department of Children & Families 2D14-5630 · 2nd DCA 2015

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2014 statutes), now § 39.801(3)(e)

    Termination reversed: no clear evidence the jailed father willfully skipped trial, as he was told he could phone in; new trial ordered.

    …by substantial, competent evidence. See M.J.S. v. Dep't of Children & Family Servs., 764 So. 2d 825, 826 (Fla. 2d DCA 2000). Although section 39.801(3)(d) authorizes constructive or implied consent in termination cases, determining a termination of parental rights by default for failure to appear is…

72. In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014

    This opinion cites § 39.801 1 time, the section generally

    · cited by 5 in all courts

    …the birth parents’ choice of prospective adoptive parents with other potential placements that the court or the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering a petition for termination of parental rights must consider the manifest best interests of the child:…

73. N.O. v. Department of Children & Families 126 So. 3d 445 · 4D13-2545 · 4th DCA 2013

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2012 statutes), now § 39.801(3)(e)

    Consent to termination vacated and remanded because, as DCF and the GAL conceded, the statutory requirements for entering consent were not met.

    …of the Minor Children. 1 The appellees, Department of Children and Families and Guardian ad Litem Program, concede that the requirements of section 39.801(3)(d), Florida Statutes (2012) were not met in this case, and that this failure to comply with the statute warrants reversal. We agree and, therefore, hold that the…

74. J.P. v. Department of Children & Families 100 So. 3d 271 · 1D12-3018 · 1st DCA 2012

    This opinion cites § 39.801 1 time, the section generally

    …publication of the service of process by publication. Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801, 49.09 and 49.10, Florida Statutes, and with rule 8.505, Florida Rules of Juvenile Procedure. See J.M. v. Dep’t. of Children & Families, 833 So.2d 279 …

75. Justice Administrative Commission v. Risen 44 So. 3d 1264 · 1D10-2274 · 1st DCA 2010

    This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2009 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    …statutory right to publicly funded counsel, the JAC’s petition is granted and the order requiring it to pay attorney’s fees to Respondent is quashed. See § 39.801(3)(d), Fla. Stat. (2009) (providing that a parent’s failure to personally appear at an advisory hearing constitutes consent to TPR by the person given notice); see…

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

    Affirmed This opinion cites § 39.801 1 time: (1)

    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.

    …that termination of parental rights was not in C.W.’s best interests solely on the availability of a relative placement, in direct contravention of section 39.801(1).” Guardian Ad Litem Program v. T.R., 987 So.2d 1269, 1271 (Fla. 1st DCA 2008). We remanded to the trial court, directing the court to “again…

77. JM v. Department of Children & Families 9 So. 3d 34 · 4D08-3313 · 4th DCA 2009

    Affirmed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2008 statutes), now § 39.801(3)(e)

    · cited by 3 in all courts

    Termination affirmed; consent by nonappearance was wrongly entered, but the mother fully participated and the judgment rested on independent clear and convincing evidence.

    …her required presence at the next scheduled hearing when the trial actually began. DCF concedes that the court did not admonish her to attend. Section 39.801(3)(d), Florida Statutes, provides: If a parent appears for the advisory hearing and the court orders that parent to personally appear at the adjudicatory…

78. Re v. Department of Children & Families 996 So. 2d 929 · 4D08-1675 · 4th DCA 2008

    Affirmed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2008 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination affirmed: the father's default by nonappearance stood, the successor judge could hold a new best-interests hearing, and the grandmother was properly rejected as placement.

    …for termination. Failure to personally appear at an advisory hearing for which the parent received statutory notice constitutes consent for termination. § 39.801(3)(d), Fla. Stat.; Fla. R. Juv. P. 8.525(d). The father does not attack the trial court's ruling on the default as an abuse of discretion or show that his failure…

79. In re H.S. 995 So. 2d 516 · 2D07-3590 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

    · cited by 2 in all courts

    Termination by default reversed because the court refused to let the out-of-state mother explain her absence by telephone.

    …adjudicatory hearing constitutes a consent for termination of parental rights if the parent has been instructed in person at the advisory hearing to appear. § 39.801(3)(d), Fla. Stat. (2005). However, "courts should ordinarily refrain from determining a termination of parental rights by default where an absent parent is making…

80. O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2007 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Dependency adjudication reversed because parents who attended earlier trial days could not be defaulted for missing a later day; new trial ordered.

    …A consent by default provision appears in multiple places in the statutes and rules governing dependency and termination of parental rights cases. §§ 39.506(3), 39.801(3)(d), Fla. Stat. (2007); Fla. R. Juv. P. 8.330(c), 8.505(b), 8.510(a)(3), 8.525(d). Thus, the provision is an important part of the statutory framework for these…

81. A.D. v. Department of Children & Families 974 So. 2d 627 · 4D07-3889 · 4th DCA 2008

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2007 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination reversed on DCF's concession because the record did not show the mother was warned of the hearing date, time and place.

    …been warned that she was required to appear at the continuation of the adjudicatory hearing, giving "the date, time, and location of said hearing." See § 39.801(3)(d), Fla. Stat. (2007). Without such a specific warning, she cannot be deemed to have consented to a termination of her parental rights by her non-appearance.…

82. In re C.M. 941 So. 2d 1255 · 2D06-2333 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

    Termination reversed, as DCF and GAL conceded, because the father was delayed arriving from Hawaii and the court wrongly denied a continuance and entered consent.

    …by finding that the Father's failure to appear constituted his consent to termination and by failing to grant a continuance. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2005), provides that when a parent attends an advisory hearing on a petition for termination of parental rights, is instructed to attend…

83. V.M. v. Department of Children & Family Services 941 So. 2d 1255 · 2D06-2333-2 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2005 statutes), now § 39.801(3)(e)

    · cited by 4 in all courts

    Termination reversed, as DCF and GAL conceded, because the father was delayed arriving from Hawaii and the court wrongly denied a continuance and entered consent.

    …by finding that the Father’s failure to appear constituted his consent to termination and by failing to grant a continuance. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2005), provides that when a parent attends an advisory hearing on a petition for termination of parental rights, is instructed to attend…

84. In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 39.801 1 time, the section generally

    Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.

    …the birth parents' choice of prospective adoptive parents with other potential placements that the court or the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering a petition for termination of parental rights must consider the manifest best interests of the child:…

85. Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 39.801 1 time, the section generally

    · cited by 27 in all courts

    Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.

    …the birth parents’ choice of prospective adoptive parents with other potential placements that the court or the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering a petition for termination of parental rights must consider the manifest best interests of the child:…

86. T.M. v. Department of Children & Families 905 So. 2d 993 · 4D04-4750 · 4th DCA 2005

    Reversed & remanded This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.801(3)(d) under the 1993 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    Termination reversed: no evidence of threat to the child, no services were offered to the incarcerated father, and abandonment was never pleaded.

    …appear at trial, this cannot be viewed as consent to termination because he did not receive notice of the changed date of the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. The trial court recognized its inability to default the father for this reason, albeit the court was rightfully angered by the father's failure to…

87. B.C. v. Department of Children & Families 887 So. 2d 1046 · SC03-1632 · Florida Supreme Court 2004

    Reversed This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.801(9), which couldn't be matched to today's text.

    · cited by 32 in all courts

    Supreme Court held the incarceration ground looks only at the remaining prison time, not the entire sentence, resolving the conflict in the father's favor.

    …future harm to the child. Justice Bell asserts in his dissenting opinion that a forward-looking construction of section 39.806(1)(d)(1) contravenes section 39.801(9), Florida Statutes, which provides that the provisions of chapter 39 are to be construed "liberally ... and in conformity with the [chapter's] declared…

88. Bush v. Schiavo 885 So. 2d 321 · SC04-925 · Florida Supreme Court 2004

    This opinion cites § 39.801 1 time: (2)

    · cited by 34 in all courts

    …of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act."); § 39.801(2), Fla. Stat. (2003) ("The circuit court shall have exclusive original jurisdiction of a proceeding involving termination of parental rights."). When the…

89. R.S. v. Department of Children & Families 872 So. 2d 412 · 4D03-3601 · 4th DCA 2004

    Affirmed This opinion cites § 39.801 1 time, the section generally

    · cited by 20 in all courts

    Termination stands on the case plan ground, but findings on an unpleaded incarceration subsection were struck as a denial of notice and a fair hearing.

    …trial court's ruling. Therefore, on this issue, we reverse and remand for the entry of a termination order removing all findings and references relevant to 39.801(d)1. However, because another ground, 39.806(1)(e), supports termination, the ultimate outcome of this case is not impacted by the need to correct this error. We…

90. D.F. v. Department of Children & Family Services 877 So. 2d 733 · 3D03-1478 · 3rd DCA 2004

    Reversed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination reversed because denying continuances once the incarcerated mother was located, and allowing only brief counsel contact, denied her a meaningful opportunity to respond.

    …day of the trial). This is not a case in which the parent neglected any court proceeding upon which the entry of default would have been proper. See § 39.801(3)(d), Fla. Stat. (2002)(stating that failure of a parent to personally appear' at the adjudicatory hearing constitutes consent for the termination of parental…

91. Perlow v. Berg-Perlow 875 So. 2d 383 · SC02-1317 · Florida Supreme Court 2004

    This opinion cites § 39.801 1 time, the section generally

    · cited by 105 in all courts

    …through adoption, see § 63.062, Fla. Stat. (2003), or the strict procedures outlined in the statutes governing the termination of parental rights. See § 39.801, Fla. Stat. (2003). In any termination of parental rights proceeding, the court must appoint a guardian ad litem to represent the best interests of the…

92. V.V. v. Department of Children & Families 862 So. 2d 905 · 5D03-1774 · 5th DCA 2003

    This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2003 statutes), now § 39.801(3)(e)

    PER CURIAM. AFFIRMED. See § 39.801(3)(d), Fla. Stat. (2003). PETERSON, THOMPSON and ORFINGER, JJ., concur.

93. In re C.D. 867 So. 2d 405 · 2D03-2638 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 1 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    … 857 So.2d 310 (Fla. 2d DCA 2003), and S.B. v. Department of Children & Family Services, 858 So.2d 1184 (Fla. 2d DCA 2003). See generally § 39.801(3)(d), Fla. Stat. (2002) (explaining procedure for involuntary consent in termination of parental rights cases). Accordingly, we reverse the order terminating the…

94. T.E.D. v. Department of Children & Family Services 867 So. 2d 405 · 2D03-2638-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 3 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    … 857 So.2d 310 (Fla. 2d DCA 2003), and S.B. v. Department of Children & Family Services, 858 So.2d 1184 (Fla. 2d DCA 2003). See generally § 39.801(3)(d), Fla. Stat. (2002) (explaining procedure for involuntary consent in termination of parental rights cases). Accordingly, we reverse the order terminating the…

95. In re T.S. 855 So. 2d 679 · 2D02-2196 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(a)

    · cited by 1 in all courts

    Termination reversed because a prior termination entered after the mother failed to appear was consent, not involuntary; the court also upheld the sibling-termination statute's constitutionality.

    …at the adjudicatory hearing, as was the case here, it cannot be said that the parent's rights were terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801(3)(a)). Accordingly, we must reverse the termination of C.D.'s rights to T.S. and remand for further proceedings consistent with this opinion. However, we also…

96. C.D. v. Department of Children & Family Services 855 So. 2d 679 · 2D02-2196-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(a)

    · cited by 1 in all courts

    Termination reversed because a prior termination entered after the mother failed to appear was consent, not involuntary; the court also upheld the sibling-termination statute's constitutionality.

    …at the adjudicatory hearing, as was the case here, it cannot be said that the parent’s rights were terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801(3)(a)). Accordingly, we must reverse the termination of C.D.’s rights to T.S. and remand for further proceedings consistent with this opinion. However, we also…

97. P.C. v. Department of Children & Family Services 857 So. 2d 217 · 2D02-4576 · 2nd DCA 2003

    Affirmed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2002 statutes), now § 39.801(3)(e)

    · cited by 2 in all courts

    Termination affirmed; a clerk's default was improper, but treating the mother's absence at the adjudicatory hearing as consent made any error harmless.

    …however, to clarify the statutorily prescribed result of a parent’s failure to appear at an adjudicatory hearing for termination of parental rights. Section 39.801(3)(d), Florida Statutes (2002), provides in part: If a parent appears for the advisory hearing and the court orders that parent to personally appear at the…

98. A.J. v. Department of Children & Families 845 So. 2d 973 · 4D02-2396 · 4th DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(a) under the 1995 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    Refusal to set aside default consent reversed; parents who attended prior hearings and two trial days, then arrived 25 minutes late, should not lose.

    … 768 So.2d 1060, 1067 (Fla.2000) (quoting J.B. v. Dep't of Children & Family Servs., 734 So.2d 498, 501 (Fla. 1st DCA 1999) (discussing section 39.462(1)(a), Florida Statutes (1995) which involves termination of parental rights)). Section 39.506(3) "enables the trial court" to bring a dependency case "to…

99. J.C. v. Department of Children & Family Services 834 So. 2d 965 · 2D02-2020 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.801 1 time: (3)(a)

    · cited by 1 in all courts

    Termination reversed, as DCF conceded, because the mother lacked proper written notice of the advisory hearing she then failed to attend.

    …As the Department of Children and Family Services properly concedes, J.C. did not receive proper written notice of the advisory hearing as required by section 39.801(3)(a), Florida Statutes (2000). Therefore, we reverse the termination of J.C.’s parental rights and remand for further proceedings. Reversed and remanded. …

100. J.G. v. Department of Children & Family Services 842 So. 2d 877 · 2D02-2143 · 2nd DCA 2003

     Reversed & remanded This opinion cites § 39.801 1 time: (3)(a)

     Termination reversed, as DCF conceded, because neither parent received proper written notice of the continued advisory hearing they failed to attend.

     …of *878 Children and Family Services properly concedes, neither J.G. nor L.S. received proper written notice of the advisory hearing as required by section 39.801(3)(a), Florida Statutes (2001). Therefore, we reverse the order terminating their parental rights and remand for further proceedings. Reversed and remanded. …

101. R.P. v. Department of Children & Families 835 So. 2d 1212 · 4D02-74 · 4th DCA 2003

     Reversed This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2001 statutes), now § 39.801(3)(e)

     · cited by 20 in all courts

     Default termination reversed because refusing a brief continuance to a recently served father who was driving to the hearing was an abuse of discretion.

     … GUNTHER and MAY, JJ., concur. NOTES [1] The father actually arrived at the courthouse barely an hour after the hearing had ended. [2] See § 39.801(3)(d), Fla. Stat. (2001) ("If the person served with notice under this section fails to personally appear at the advisory hearing, the failure to personally appear…

102. W.K. v. Department of Children & Families 832 So. 2d 229 · 5D01-3717 · 5th DCA 2002

     Affirmed This opinion cites § 39.801 1 time, the section generally

     · cited by 1 in all courts

     Termination affirmed; notice of trial to the mother's attorney sufficed, she failed to keep in contact, and counsel sought no continuance, leaving the issue unpreserved.

     …had good rea *232 son not to set W.K.’s adjudicatory hearing during the advisory hearing since there was a chance that S.K’s father could be found. Section 39.801 of the Florida Statutes (2001) states that the parents have a right to be notified of an advisory hearing, and thus such notice was required to be provided to…

103. L.O. v. Department of Children & Family Services 807 So. 2d 810 · 4D01-3359 · 4th DCA 2002

     Reversed & remanded This opinion cites § 39.801 1 time: (1)

     · cited by 4 in all courts

     Termination based on the mother's consent in a criminal plea reversed because no adjudicatory hearing was held at which she could challenge the consent.

     … hearings, in termination of parental rights proceedings shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. § 39.801(1), Fla. Stat. (1999)(emphasis added); see Fla. R. Juv. P. Part II, E. All proceedings seeking an adjudication to terminate parental rights pursuant to Chapter…

104. In Interest C.R. 806 So. 2d 646 · 2D01-2949 · 2nd DCA 2002

     Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2000 statutes), now § 39.801(3)(e)

     · cited by 1 in all courts

     Termination reversed because the court lacked statutory authority to enter a default for the mother's failure to appear at a scheduling conference.

     …the default and, therefore, reverse. Our resolution of this issue makes it unnecessary for us to discuss the other three points raised on appeal. Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default against a parent who fails to appear at either an advisory or…

105. M.T. v. Department of Children & Family Services 806 So. 2d 646 · 2D01-2949-2 · 2nd DCA 2002

     Reversed & remanded This opinion cites § 39.801 1 time: (3)(e)Cited as § 39.801(3)(d) (2000 statutes), now § 39.801(3)(e)

     · cited by 1 in all courts

     Termination reversed because the court lacked statutory authority to enter a default for the mother's failure to appear at a scheduling conference.

     …the default and, therefore, reverse. Our resolution of this issue makes it unnecessary for us to discuss the other three points raised on appeal. Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default against a parent who fails to appear at either an advisory or…

106. S.B. v. Department of Children & Families 775 So. 2d 356 · 2D00-1529 · 2nd DCA 2000

     Reversed & remanded This opinion cites § 39.801 1 time: (3)(a)1.

     Termination reversed on the State's concession because the mother was served only by certified mail, not personally with the petition and advisory hearing notice.

     …S.B.’s dispositive claim that she was not effectively served with a termination petition and notice of an advisory hearing. We reverse. Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1), a parent in a termination proceeding must be personally served with a petition…

107. L.J.R. v. T.T. 739 So. 2d 1283 · 1D98-1522 · 1st DCA 1999

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1) under the 1991 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     …safeguards also apply to termination proceedings: Affected parties must be served notice and a copy of the petition for termination of parental rights. § 39.462(1), Fla.Stat. (1991). Parents have the right to have counsel present at each stage of the proceeding; the court appoints counsel for insolvent persons. §…

108. G.L.S. v. Department of Children & Families 724 So. 2d 1181 · SC91 · Florida Supreme Court 1998

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.46(1) under the 1995 statutes, too old to match to today's subsections.

     · cited by 9 in all courts

     …parental rights is final, and hence, appealable. The juvenile procedure rules govern child dependency proceedings "unless otherwise provided by law." § 39.46(1), Fla. Stat. (1995). Relevant to this issue, rule 8.525, entitled "Adjudicatory Hearings," includes a subsection on final judgments, which provides: [3] …

109. In Interest of M.M. 708 So. 2d 990 · 2D97-00329 · 2nd DCA 1998

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(a) under the 1995 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …to that notice of hearing or to appear at the hearing, both the statutes and rules state that their inaction would be treated as consent to the termination. § 39.462(1)(a), Fla. Stat. (1995); Fla. R. Juv. P. 8.505(d). Once the parents requested counsel at the advisory hearing, they had a constitutional right to legal…

110. O.M. v. Department of Children & Families 708 So. 2d 990 · 2D97-00329-2 · 2nd DCA 1998

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(a) under the 1995 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     …to that notice of hearing or to appear at the hearing, both the statutes and rules state that their inaction would be treated as consent to the termination. § 39.462(l)(a), Fla. Stat. (1995); Fla. R. Juv. P. 8.505(d). Once the parents requested counsel at the advisory hearing, they had a constitutional right to legal…

111. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · 1D97-350 · 1st DCA 1997

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(d) under the 1995 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …father did not attend the advisory hearing. Based upon his failure to appear, the court entered a consent on his behalf to the petition by default. See § 39.462(1)(d), Fla. Stat. (1995). An adjudicatory hearing was scheduled for December 11, 1996. The father appeared at that hearing and expressed his objection to the…

112. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · DCA97-350 · District Court of Appeal 1997

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(d) under the 1995 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …father did not attend the advisory hearing. Based upon his failure to appear, the court entered a consent on his behalf to the petition by default. See § 39.462(l)(d), Fla. Stat. (1995). An adjudicatory hearing was scheduled for December 11, 1996. The father appeared at that hearing and expressed his objection to the…

113. S.B. v. Department of Health & Rehabilitative Services 679 So. 2d 57 · DCA95-2866 · District Court of Appeal 1996

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1)(a) under the 1993 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …notice of the termination hearing to be given, or that the record be corrected to reflect that notice had been provided, to the custodian of S.B., a child. § 39.462(1)(a), Fla.Stat. (1993). On remand, upon resolving the notice issue, the trial court may re-enter the final order, if notice has been given or if waived, or…

114. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

     This opinion cites § 39.801 1 time, a subsectionAlso cites § 39.462(1) under the 1991 statutes, too old to match to today's subsections.

     · cited by 31 in all courts

     …safeguards also apply to termination proceedings: Affected parties must be served notice and a copy of the petition for termination of parental rights. § 39.462(1), Fla.Stat. (1991). Parents have the right to have counsel present at each stage of the proceeding; the court appoints counsel for insolvent persons. §…

115. Casbar v. Dicanio 666 So. 2d 1028 · 4D95-1470 · 4th DCA 1996

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.46 (1995 statutes), now § 39.801

     · cited by 9 in all courts

     …pursuant to Florida Statutes Chapter 63 and the other is through the strict procedures set forth in Florida Statutes Chapter 39, specifically sections 39.46 through 39.469. Fleming v. Brown, 581 So.2d 202 (Fla. 5th DCA 1991). Since the safeguards of neither chapter were invoked when the parties attempted to…

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

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.46 (1991 statutes), now § 39.801

     · cited by 24 in all courts

     …U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982). It is a civil action initiated to protect the rights of abused, neglected or abandoned children. §§ 39.46-.474, Fla. Stat. (1991). Neither the language and intent of the Constitution nor consideration of the history and purpose of our government indicate that…

117. Jett v. State 605 So. 2d 926 · 5D90-257 · 5th DCA 1992

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.46 (1989 statutes), now § 39.801

     · cited by 5 in all courts

     …abuse for the benefit of the abuser. [6] § 415.512, Fla. Stat. (1989). [7] §§ 382.703; 827.04; 827.05, Fla. Stat. (1989). [8] § 39.40-39.409; §§ 39.46-39.468, Fla. Stat. (1989). [9] Sexual battery clearly may be the basis for a child abuse charge, but all sexual battery prosecutions involving child…

118. In re D.F. 602 So. 2d 970 · DCA91-3378 · District Court of Appeal 1992

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.462 (1991 statutes), now § 39.801

     · cited by 3 in all courts

     …termination of the appellant’s parental rights. Prior to any termination of his parental rights, the appellant is entitled to the process set out in section 39.462, Florida Statutes, and, at the termination hearing, he is entitled to have all of the elements specified in subsection 39.467(3), Florida Statutes, proved by…

119. In re T.S.M. 564 So. 2d 530 · DCA89-1045 · District Court of Appeal 1990

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.462 (1987 statutes), now § 39.801

     …to prepare a permanent placement plan which takes the place of a performance agreement and must meet all requirements provided for a performance agreement. § 39.462, Fla.Stat. (1987). .The placement plan made the step-grandmother eligible for financial assistance as T.S.M.'s foster parent.

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

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.46 (1987 statutes), now § 39.801

     · cited by 37 in all courts

     …certain provisions and requirements that do not appear in the 1986 statutes. One important difference is the addition of part VI to chapter 39 (sections 39.46 through 39.474) in the 1987 statute, providing new provisions governing the procedures for the termination of parental rights, including the adjudication…

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

     This opinion cites § 39.801 1 time, the section generallyCited as § 39.46 (1987 statutes), now § 39.801

     · cited by 5 in all courts

     …certain provisions and requirements that do not appear in the 1986 statutes. One important difference is the addition of part VI to chapter 39 (sections 39.46 through 39.474) in the 1987 statute, providing new provisions governing the procedures for the termination of parental rights, including the adjudication…

122. 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 § 39.801 1 time, the section generallyCited as § 39.46 (1987 statutes), now § 39.801

     …Laws of Florida (1987), but in the proceedings below, held in December of 1987, and on appeal here, no issue is made of the amendments and revisions. See §§ 39.46 through 39.516, Fla.Stat. (1987). . These agreements required, inter alia, that appellant obtain a drug and alcohol evaluation and attend classes on…

123. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

     Rule amendment This opinion cites § 39.801 2 times: (3)(a), (3)(e)Cited as § 39.801(3)(d) (2004 statutes), now § 39.801(3)(e)

     · cited by 1 in all courts

     …to personally appear at the advisory hearing on the termination of parental rights petition. The amendment brings the rule into conformance with section 39.801(3)(a) and (3)(d), Florida Statutes (2004). We also amend subdivision (a)(4) of rule 8.510 to clarify the procedure for entry of admissions or consents to…

124. 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 § 39.801 2 times, a subsectionAlso cites § 39.462(1)(d), 39.801(3)(d), which couldn't be matched to today's text.

     · cited by 1 in all courts

     …personal appearance, finding that such amendments track the language of the 1998 statutory changes. See ch. 98-403, § 83, Laws of Fla. (amending section 39.462(l)(d), Florida Statutes (1997), and renumbering it as section 39.801(3)(d)). In closing, we note that due to the necessity of adopting these rules to coincide…

125. In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023

     Rule amendment This opinion cites § 39.801 1 time, the section generally

     …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 Fla. The…

126. 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 § 39.801 1 time: (3)(a)

     …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 supplement and in a summons in order for the…

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