Dependency Law Finder

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

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No answer required.§ 39.805

Part X · Termination of Parental Rights · 2026 Florida Statutes
Also cited as § 39.463, its former number: those opinions are included (3 as § 39.463).
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

Related court rules: Rule 8.520 Answers and responsive pleadings

5 opinions cite § 39.805

  1. S.M.O. v. Department of Children & Families 3D22-1822 · 3rd DCA 2023

    Affirmed This opinion cites § 39.805 1 time, a subsectionAlso cites § 39.805(1)(f), which couldn't be matched to today's text.

    Termination of four children affirmed on egregious conduct for failing to stop sexual abuse; relying on an unpled sexual abuse ground was harmless error.

    …or sexual abuse as defined in s. 39.01, or chronic abuse. § 39.806(1)(g), Fla. Stat. (2022). 2 This case involves egregious conduct under § 39.805(1)(f). “[I]n cases involving egregious conduct by a parent, ‘the termination of parental rights without the use of plans or agreements is the least restrictive…

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

    Reversed & remanded This opinion cites § 39.805 1 time, the section generally

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

    …entity.” Fla. R. Juv. P. 8.500(b)(4)–(5); see § 39.802(4), Fla. Stat. There is no written answer or other pleading required to be filed by the parent. § 39.805, Fla. Stat.; Fla. R. Juv. P. 8.520(a). The final hearing is called an “adjudicatory hearing.” § 39.809, Fla. Stat.; Fla. R. Juv. P. 8.525. All parties are…

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

    This opinion cites § 39.805 1 time, the section generallyCited as § 39.463 (1995 statutes), now § 39.805

    · cited by 4 in all courts

    …1.500 authorizes a default in this situation, especially since the parents are not required to file any written answer to a termination petition. See § 39.463, Fla. Stat. (1995). There is no finding or evidence that the parents willfully disobeyed any court order. See Commonwealth Fed. Sav. & Loan Ass'n v.…

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

    This opinion cites § 39.805 1 time, the section generallyCited as § 39.463 (1995 statutes), now § 39.805

    · cited by 6 in all courts

    …1.500 authorizes a default in this situation, especially since the parents are not required to file any written answer to a termination petition. See § 39.463, Fla. Stat. (1995). There is no finding or evidence that the parents willfully disobeyed any court order. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, …

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

    This opinion cites § 39.805 1 time, the section generallyCited as § 39.463 (1989 statutes), now § 39.805

    · cited by 5 in all courts

    …an answer to the petition, the parents' last opportunity to deny the allegations in a petition for termination is at the termination hearing itself. Section 39.463, Florida Statutes. We therefore find it appropriate to apply the 28-day minimum set out in section 49.09 to require publication of the notice of hearing no…

0 admin code rules cite § 39.805

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

No admin code rule cites § 39.805.

0 CFOPs cite § 39.805

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

No CFOP cites § 39.805.

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No answer to the petition or any other pleading need be filed by any child or parent, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing of any answer or any pleading, the child or parent shall, prior to the adjudicatory hearing, be advised by the court of the right to counsel and shall be given an opportunity to deny the allegations in the petition for termination of parental rights or to enter a plea to allegations in the petition before the court.

History. s. 9, ch. 87-289; s. 242, ch. 95-147; s. 87, ch. 98-403; s. 44, ch. 99-193.