Identity or location of parent unknown after filing of termination of parental rights petition; special procedures.§ 39.803
DCF forms citing it: DOR CS-AP 80 Request for Authorization to Use State Parent Locator Service
Related court rules: Rule 8.226 Determination of parenthood · Rule 8.225 · Rule 8.505
8 opinions cite § 39.803
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Department of Children & Families v. J.J.E. 953 So. 2d 659 · 5D06-1797 · 5th DCA 2007
· 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.
…who is the subject of the termination. If a party to a proceeding for termination of parental rights is known but his or her whereabouts are not, section 39.803(5) Florida Statues (2006), requires a court to direct the petitioner to conduct a diligent search to locate the party, unless it would be in the best interest of…
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A.S. v. Department of Children & Families 162 So. 3d 335 · 4D14-3571 · 4th DCA 2015
· cited by 4 in all courts
Termination reversed: a prospective parent cannot abandon a child before paternity is established, his later visits showed regular contact, and least restrictive means was unproven.
…intent of timely establishing permanency as the trial court and DCF have set procedures to expedite petitions for termination of parental rights. Section 39.803, Florida Statutes (2014), prescribes the inquiry the trial court must make when the identity or location of a parent is unknown and a petition for…
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D.N. v. Department of Children & Families 4D19-0357 · 4th DCA 2019
Termination reversed because nothing showed the mother knew of or failed to prevent the infant's abuse, or took part in his death.
…failed to prevent egregious conduct toward the child.” K.R.L. v. Dep’t of Children & Family Servs., 83 So. 3d 936, 938 (Fla. 3d DCA 2012) (citing § 39.803(2), Fla. Stat. (2010)). Egregious conduct is defined as “abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a…
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K.R.L. v. Department of Children & Family Services 83 So. 3d 936 · 3D11-2632 · 3rd DCA 2012
· cited by 5 in all courts
Termination reversed because no clear evidence showed the mother caused or knowingly failed to prevent the father's abuse, and he was no longer a threat.
…who does not inflict the injuries but had the opportunity to prevent the injury and knowingly failed to prevent egregious conduct toward the child. § 39.803(2), Fla. Stat. (2010). Arguing that proposition, the trial court agreed *939 with DCF that the mother “knowingly-failed to prevent” the injuries. The trial…
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D.M. v. Department of Children & Families 31 So. 3d 945 · 5D09-3608 · 5th DCA 2010
Termination reversed because DCF offered no proof of a putative father registry search or certificate for the unidentified father, as section 39.803 requires.
…CURIAM. D.M. [“Mother”] appeals a final order terminating her parental rights to K.P. Mother asserts that the trial court failed to comply with section 39.803, Florida Statutes (2009), and the Department of Children and Families [“DCF”] failed to offer competent proof to support the trial court’s findings. DCF…
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L.J. v. A.S. 25 So. 3d 1284 · 2D08-5479 · 2nd DCA 2010
· cited by 9 in all courts
…parental rights may be initiated by "any other person who has knowledge of the facts alleged or is informed of them and believes that they are true"), and § 39.803(5) (providing that in a proceeding for termination of the parental rights of a parent whose whereabouts are unknown, the court may, if it finds that the best…
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T.L.D. v. Department of Children & Family Services 883 So. 2d 910 · 2D03-4501 · 2nd DCA 2004
· 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.
… STRINGER and DAVIS, JJ., Concur. . The father of A.N.D. is unknown. The order on appeal also terminated the rights of this unknown father. See § 39.803(4), Fla. Stat. (2002). At the time the judgment on appeal was entered, the Department was considering placing A.N.D. with the father of her three half-siblings…
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Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005
· cited by 1 in all courts
…(c), Constructive Service, of *884 rule 8.505 to clarify that service is only required for parties whose identities are known, in conformance with section 39.803(1) and (4), Florida Statutes (2004). We further amend subdivision (d), Waiver of Service, of rule 8.505 to remove the reference to commitment of a child to a…
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No admin code rule cites § 39.803.
1 CFOP cite § 39.803
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- CFOP 170-1 Florida Child Welfare Practice Model p. 154
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(1) If the identity or location of a parent is unknown and a petition for termination of parental rights is filed, the court shall conduct under oath the following inquiry of the parent who is available, or, if no parent is available, of any relative, caregiver, or legal custodian of the child who is present at the hearing and likely to have the information:
(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.
(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.
(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.
(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.
(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.
(f) Whether a man is named on the birth certificate of the child pursuant to s. 382.013(2).
(g) Whether a man has been determined by a court order to be the father of the child.
(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s. 409.256.
(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.
(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent, the court shall require notice of the hearing to be provided to that person.
(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice.
(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling an adjudicatory hearing regarding the petition for termination of parental rights to the child unless the court finds that the best interest of the child requires proceeding without actual notice to the person whose location is unknown.
(6) The diligent search required by subsection (5) must include, at a minimum, inquiries of all known relatives of the parent or prospective parent, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies. Pursuant to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.
(7) Any agency contacted by petitioner with a request for information pursuant to subsection (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.
(8) If the inquiry and diligent search identifies a prospective parent, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department. A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in the termination of parental rights proceeding for the child shall be considered a parent for all purposes under this section.
(9) If the diligent search under subsection (5) fails to identify and locate a prospective parent, the court shall so find and may proceed without further notice.
History. s. 85, ch. 98-403; s. 33, ch. 2000-139; s. 22, ch. 2017-151.