Dependency Law Finder

1. H.D. v. J.L.D. 16 So. 3d 334 · 4D09-1016 · 4th DCA 2009

   Reversed & remanded This opinion cites § 39.808 4 times: (1), (4), and the section generally

   · cited by 2 in all courts

   Denial of the mother's petition to terminate the adoptive father's rights was reversed because the court ruled without any hearing, violating due process.

   …without the adoptive father's assistance. Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides, "An advisory hearing on the petition to terminate parental rights must be held as soon as possible after…

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

   Reversed & remanded This opinion cites § 39.808 4 times, a subsectionCited as § 39.466 (1995 statutes), now § 39.808Also cites § 39.466(1) 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.

   …that the notice contain cautionary language warning the recipient that his or her failure to respond or appear will result in consent by default. [2] Section 39.466, Florida Statutes (1995), requires that the trial court first hold an advisory hearing on the petition to terminate parental rights. This hearing is held to…

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

   Reversed & remanded This opinion cites § 39.808 3 times: (1), (2), (4)

   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.

   …possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.” § 39.808(1), (4), Fla. Stat.; see also Fla. R. Juv. P. 8.510(a). At the hearing, the trial court must inform the parties of their rights, appoint counsel as required by…

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

   Reversed & remanded This opinion cites § 39.808 3 times: (1), (2), (4)

   · 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.

   …all parties have been served with a copy of the petition and notice of the advisory hearing, at which the court shall inform the parties of their rights. § 39.808(1),(2), Fla. Stat. (1999); Fla. R. Juv. P. 8.510. Thereafter, the court is to hold an adjudicatory hearing at which the court is to determine "whether or not the…

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

   This opinion cites § 39.808 3 times, a subsectionCited as § 39.466 (1995 statutes), now § 39.808Also cites § 39.466(1) under the 1995 statutes, too old to match to today's subsections.

   · cited by 6 in all courts

   …of the right to counsel and appoint counsel for the parent if necessary; and (3) appoint a guardian ad litem for the child. See Fla. R. Juv. P. 8.510; § 39.466, Fla. Stat. (1995). The court must then set an adjudicatory hearing within forty-five days, at which time the parties may present evidence and argument as…

6. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

   Other This opinion cites § 39.808 2 times, the section generally

   · cited by 26 in all courts

   Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

   …shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory hearing); 39.521 (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 (advisory and pretrial); 39.809 (termination adjudicatory), Fla. Stat. (2014). The amicus curiae brief filed by the GAL elaborates on the oversight…

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

   Reversed & remanded This opinion cites § 39.808 2 times: (1), (2)

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

   …only one advisory hearing. The scheme consistently refers to an advisory “hearing” in the singular rather than the plural. See §§ 39.801(3)(a), (d), 39.808(l)-(3); Fla. R. Juv. P. 8.510(a)(1), (3), 8.525(b), (d). Further, our rules contemplate that, after the initial advisory hearing, the next signifi *844 cant…

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

   Reversed & remanded This opinion cites § 39.808 1 time, the section generally

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

   …of their right to counsel, appointing counsel and, if necessary, a guardian ad litem for children, and ultimately setting the adjudicatory hearing. See § 39.808, Fla. Stat. (2018). The failure of a parent to personally appear at the advisory hearing constitutes consent by that parent for termination of their…

9. A.F. v. Department of Children & Families 178 So. 3d 899 · 3D14-1382 · 3rd DCA 2014

   Affirmed This opinion cites § 39.808 1 time: (2)

   Termination affirmed; failing to appoint a guardian ad litem was not fundamental error since the unobjected-to attorney ad litem actively represented the child's best interests.

   … 4 litem to represent the Child’s best interests. In support of her position, the Mother directs this Court to section 39.808(2) of the Florida Statutes (2012) and Florida Rule of Juvenile Procedure 8.510(a)(2)(D), both of which require the trial court to appoint a guardian ad litem…

10. G.O. v. Department of Children & Families 100 So. 3d 232 · 3D12-1554 · 3rd DCA 2012

    Reversed & remanded This opinion cites § 39.808 1 time, the section generally

    Termination reversed because a general magistrate improperly presided over the adjudicatory hearing, which must be conducted by a judge.

    …The general magistrate held an advisory hearing on March 27, 2012. Mother and Father did not appear, despite being served with a summons. Pursuant to section 39.808(d), Florida Statutes (2011), the general magistrate found constructive consent for termination of parental rights. On May 1, 2012, the general magistrate held a…

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

    Reversed & remanded This opinion cites § 39.808 1 time: (4)

    · 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.

    …keeping with our prior determination in A.D.C., and our plain reading of the statute, we conclude that such additional evidence is not required. Section 39.808(4) provides that when a written surrender and consent is entered, there is no need for an advisory hearing, implying that the "consent" satisfies the requirement…

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

    Reversed & remanded This opinion cites § 39.808 1 time, the section generally

    · 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.

    …a final judgment terminating her parental rights to her minor son following her failure to appear at an advisory hearing scheduled pursuant to section 39.808, Florida Statutes (2006). The advisory hearing was to address a second termination of parental rights (TPR) petition filed against the mother by the Florida…

13. L.H. v. Department of Children & Families 945 So. 2d 537 · 3D06-2834 · 3rd DCA 2006

    Certiorari / writ granted This opinion cites § 39.808 1 time, the section generally

    Certiorari granted quashing an order holding the imprisoned father in county jail for termination hearings; his presence was unnecessary and cost him gain time.

    …in Miami-Dade County. The advisory hearing on the department's petition is set to occur on November 29, 2006. The trial date has not yet been set. Section 39.808, Florida Statutes (2005), which governs advisory hearing proceedings, does not require the presence of a parent at either the advisory hearing or trial. In…

14. C.M. v. Department of Children & Family Services 854 So. 2d 777 · 4D03-1166 · 4th DCA 2003

    Affirmed This opinion cites § 39.808 1 time: (2)

    · cited by 20 in all courts

    Termination affirmed; failure to appoint a guardian ad litem was error but not fundamental when the mother never objected.

    … The mother claims that the case must nevertheless be reversed because no guardian ad litem was appointed to represent the children's interest. Section 39.808(2), Florida Statutes (2002), requires the court to appoint a guardian ad litem to represent a child's best interest in any termination proceeding. To the same…

15. G.S. v. Department of Children & Family Services 838 So. 2d 1221 · 3D02-1624 · 3rd DCA 2003

    Reversed & remanded This opinion cites § 39.808 1 time: (2)

    · cited by 3 in all courts

    Termination reversed because the trial court never appointed a guardian ad litem for the child as the statute and rules require.

    …Litem recommends that the parents' parental rights be terminated." It is undisputed, however, that no guardian ad litem was ever appointed. *1222 Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights…

16. T.C.B. v. Department of Children & Families 816 So. 2d 194 · 1D01-1402 · 1st DCA 2002

    Reversed & remanded This opinion cites § 39.808 1 time: (4)

    · cited by 6 in all courts

    Termination reversed because a settlement making the mother's surrenders enforceable on any default, without a hearing, was void as against public policy.

    …the elements required for termination of parental rights by clear and convincing evidence, through use of the rules of evidence applied in civil cases. § 39.808(4), Fla. Stat. (2000); § 39.809(1), (3), Fla. Stat. (2000); see also In the Interest of S.S. and C.S., J.S. v. Dep't of Children & Families, 723 So.2d 344,…

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

    Affirmed This opinion cites § 39.808 1 time: (2)

    · 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.

    …children and retaining counsel to appear on his behalf to oppose the termination of his parental rights to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.C.'s two natural children. M.C., who resides in…

18. Crepage v. City of Lauderhill 774 So. 2d 61 · 4D99-3271 · 4th DCA 2000

    This opinion cites § 39.808 1 time, a subsectionAlso cites § 39.466(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 14 in all courts

    …concluded that the father did not receive a meaningful opportunity to contest the termination of parental rights issue. The court recognized that section 39.466(1), Florida Statutes (1995), requires that advisory hearings in parental rights termination proceedings be held "as soon as possible after all parties have been…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1991 statutes), now § 39.808

    · cited by 6 in all courts

    …for insolvent persons. § 39.465(1), Fla.Stat. (1991). An advisory hearing is held in order to inform the parties of their rights under section 39.465. § 39.466, Fla.Stat. (1991). The need for termination of parental rights must be established by clear and convincing evidence at an adjudicatory hearing. § 39.467(1),…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1997 statutes), now § 39.808

    · cited by 6 in all courts

    …whether the parents will consent to the termination, appoint a guardian ad litem for the children, and set a date for the adjudicatory hearing. See § 39.466, Fla. Stat. (1997); Fla. R. Juv. P. 8.510. Here, the court previously had appointed an attorney for L.M.L. and a guardian for the children. It was not…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1995 statutes), now § 39.808

    · cited by 9 in all courts

    …framework governing this child dependency case requires that the court first hold an advisory hearing on the petition to terminate parental rights. § 39.466, Fla. Stat. (1995). Thereafter, at an adjudicatory hearing, the court "determine[s] whether or not the facts support the allegations stated in the petition"…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1995 statutes), now § 39.808

    · cited by 4 in all courts

    …rights to their eight children. [1] It is undisputed that the parents appeared at an advisory hearing and requested the appointment of counsel. See § 39.466, Fla. Stat. (1995); Fla. R. Juv. P. 8.510(a). If they had failed either to respond to that notice of hearing or to appear at the hearing, both the statutes…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1995 statutes), now § 39.808

    · cited by 6 in all courts

    …rights to their eight children. 1 It is undisputed that the parents appeared at an advisory hearing and requested the appointment of counsel. See § 39.466, Fla. Stat. (1995); Fla. R. Juv. P. 8.510(a). If they had failed either to respond to that notice of hearing or to appear at the hearing, both the statutes…

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

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1991 statutes), now § 39.808

    · cited by 31 in all courts

    …for insolvent persons. § 39.465(1), Fla.Stat. (1991). An advisory hearing is held in order to inform the parties of their rights under section 39.465. § 39.466, Fla.Stat. (1991). The need for termination of parental rights must be established by clear and convincing evidence at an adjudicatory hearing. § 39.467(1),…

25. In Interest of M.R. 565 So. 2d 371 · 1D90-458 · 1st DCA 1990

    This opinion cites § 39.808 1 time, the section generallyCited as § 39.466 (1989 statutes), now § 39.808

    · cited by 6 in all courts

    …and NIMMONS, JJ., concur. NOTES [1] Chapter 39, Part VI, Florida Statutes. [2] Rule 8.760, Florida Rules of Juvenile Procedure. [3] Section 39.466, Florida Statutes. [4] Counsel appointed at trial was not the same counsel which represents the parents on appeal. [5] A deputy clerk present at the…

26. In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a) 770 So. 2d 152 · SC96265 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 39.808 1 time, the section generally

    · cited by 1 in all courts

    … 42 U.S.C. § 675 (5)(C)(Supp. Ill 1998) (requiring a permanency hearing be held within 12 months of placement in foster care). . See, e.g., § 39.808, Fla.Stat. (1999) (setting strict time standards for termination of parental rights proceedings). . The Juvenile Court Rules Committee proposal reads as…

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