Dependency Law Finder

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

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Powers of disposition; order of disposition.§ 39.811

Part X · Termination of Parental Rights · 2026 Florida Statutes
Also cited as § 39.469, its former number: those opinions are included (33 as § 39.469).
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".

135 opinions cite § 39.811

  1. J.S. v. Department of Children & Families 18 So. 3d 1170 · 1D09-1046 · 1st DCA 2009

    Affirmed in part, reversed in part This opinion cites § 39.811 16 times: (6), (6)(d), (6)(e), and the section generally

    · cited by 9 in all courts

    Single-parent termination of the mother reversed for lack of evidence of a prior involuntary termination; the father's non-termination reversed for inadequate best-interest and compliance findings.

    …court noted that the circumstances that caused the creation of the case plan had not been significantly remedied. The trial court further found, under section 39.811(6)(d) and (e), that circumstances existed to justify terminating one parent’s rights without terminating the rights of the other. Specifically, the court found that…

  2. In re E.C. 33 So. 3d 710 · 2D08-3544 · 2nd DCA 2010

    Affirmed This opinion cites § 39.811 11 times: (1), (6), (6)(a), (6)(e)

    Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

    …rights. Because I would reverse the termination of the Father's rights as discussed above, the Mother's termination is subject to the requirements of section 39.811(6). [14] *723 Section 39.811(6) requires a trial court to consider additional factors when terminating one parent's rights without terminating the rights…

  3. R.C. v. Department of Children & Family Services 33 So. 3d 710 · 2D08-3544-2 · 2nd DCA 2010

    Affirmed This opinion cites § 39.811 11 times: (1), (6), (6)(a), (6)(e)

    · cited by 12 in all courts

    Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

    …rights. Because I would reverse the termination of the Father’s rights as discussed above, the Mother’s termination is subject to the requirements of section 39.811(6). 14 *723 Section 39.811(6) requires a trial court to consider additional factors when terminating one parent’s rights without terminating the rights of…

  4. In re L.C. 908 So. 2d 568 · 2D04-819 · 2nd DCA 2005

    Affirmed in part, reversed in part This opinion cites § 39.811 9 times: (6), (6)(a), (6)(e)

    · cited by 9 in all courts

    Terminations affirmed only as to the severely abused child; reversed for his siblings for lack of proven risk, and one father's under one-parent rules.

    …39.806(1)(c). However, because we have reversed the termination of the Mother's rights, R.C.'s termination is now subject to the requirements of section 39.811(6), Florida Statutes (2003). Section 39.811(6) requires a trial court to consider additional factors when terminating one parent's rights without terminating…

  5. I.R. v. Department of Children & Family Services 18 So. 3d 26 · 2D08-4467 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.811 8 times: (6), (6)(a), (6)(e)

    · cited by 3 in all courts

    Mother's termination reversed because the father's was reversed and the case plan ground she was terminated on does not permit single-parent termination.

    …are terminated in a single proceeding and the appellate court subsequently determines that the termination of one parent’s rights was improper. Section 39.811(6) requires a trial court to consider additional factors when terminating one parent’s rights without terminating the rights of the other parent. This section…

  6. In re D.A.D. II 903 So. 2d 1034 · 2D04-4623 · 2nd DCA 2005

    Affirmed This opinion cites § 39.811 8 times: (6), (6)(e)

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    …able. We find no basis to disturb the trial court's factual findings to the contrary or its other findings under section 39.810(1)(11). SECTION 39.811(6) This case was a one-parent termination case implicating section 39.811(6). Section 39.811(6) does not provide grounds for termination of parental rights.…

  7. D.A.D. v. Department of Children & Family Services 903 So. 2d 1034 · 2D04-4623-2 · 2nd DCA 2005

    Affirmed This opinion cites § 39.811 8 times: (6), (6)(e)

    · cited by 8 in all courts

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    …financially able. We find no basis to disturb the trial court’s factual findings to the contrary or its other findings under section 39.810(1)-(11). SECTION 39.811(6) This case was a one-parent termination case implicating section 39.811(6). Section 39.811(6) does not provide grounds for termination of parental rights.…

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

    This opinion cites § 39.811 8 times, a subsectionCited as § 39.469 (1995 statutes), now § 39.811Also cites § 39.469(3), 39.469(5), 39.469(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …that sufficient evidence supports termination, it should enter still another order terminating parental rights and ordering custody to an appropriate party. § 39.469. In the "final" disposition order prescribed by section 39.469(3) the statute requires the court to enter a written order of disposition briefly stating…

  9. S.P. v. Department of Children & Families 5D2024-3476 · 5th DCA 2025

    Reversed & remanded This opinion cites § 39.811 7 times: (6), (6)(e)

    Denial of termination reversed because the court sua sponte ordered permanent guardianship, applied an unpled single-parent standard, misapplied least restrictive means, and skipped best-interest findings.

    …DCF failed to establish grounds for a single-parent termination of parental rights as required by Florida Statutes. The significance of this is that section 39.811(6), Florida Statutes (2024), governs single parent termination proceedings. In particular, section 39.811(6)(e) delineates the statutory circumstances under…

  10. B.A. v. Department of Children & Families 4D20-1335-2 · 4th DCA 2021

    Affirmed This opinion cites § 39.811 7 times: (5), and the section generally

    On rehearing, termination affirmed despite the five-month delay in the written order because the mother did not preserve the delay claim or show prejudice.

    …court’s abandonment finding was not based on stale information. We write only to address the Mother’s final argument that the recent amendment to section 39.811(5), Florida Statutes (2019), requires remand for a new hearing to determine whether circumstances have changed, necessitating a supplemental adjudicatory hearing…

  11. Department of Children & Family Services v. K.D. 88 So. 3d 977 · 2D10-3474 · 2nd DCA 2012

    Reversed & remanded This opinion cites § 39.811 7 times: (1), (1)(a), (1)(b), (2)

    · cited by 9 in all courts

    En banc: denial of termination and sua sponte permanent guardianship reversed; availability of guardianship cannot defeat best interests or least restrictive means after grounds proven.

    …by clear and convincing evidence, it must grant the petition for termination of parental rights and proceed with adoption of a child in its custody. § 39.811(2). If the court finds that DCF has not met its burden of proof, its powers of disposition are limited by section 39.811(1). If grounds for dependency have been…

  12. In re E.D. 884 So. 2d 291 · 2D03-1678 · 2nd DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.811 7 times: (6), (6)(d), (6)(e)

    · cited by 6 in all courts

    Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

    …parental rights to E.D. proceeded as an action to sever the parental rights of one parent *294 without severing the rights of the other parent. Section 39.811(6) lists the "only" circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent. [2] The…

  13. B.A. v. Department of Children & Families 4D20-1335 · 4th DCA 2020

    Reversed & remanded This opinion cites § 39.811 6 times: (5), and the section generally

    Termination reversed for a new hearing because the written order issued five months after trial, violating the 30-day requirement of section 39.811(5).

    …(“the Child”). Because we find that the trial court’s final order terminating the Mother’s parental rights was untimely issued, in violation of section 39.811(5), Florida Statutes (2019), we must reverse and remand for a new hearing and need not address the merits of the trial court’s decision. …

  14. A.M.B. v. Department of Children & Families 222 So. 3d 1237 · 1D16-5850 · 1st DCA 2017

    Reversed & remanded This opinion cites § 39.811 6 times: (6), (6)(a), (6)(e)

    Termination reversed as to the father on DCF's concession, and as to the mother because her case plan ground cannot support single-parent termination.

    …& Family Servs., 18 So.3d 26, 27 (Fla. 2d DCA 2009). When terminating one parent’s rights without terminating the rights of the other parent, section 39.811(6), Florida Statutes (2016), requires consideration of additional factors by the trial court. When reversing a judg *1239 ment as to one parent, such reversal…

  15. Department of Children & Family Services v. S.H. 49 So. 3d 846 · 2D09-3785 · 2nd DCA 2010

    Reversed & remanded This opinion cites § 39.811 6 times: (6), (6)(d), (6)(e), and the section generally

    · cited by 14 in all courts

    Denial of termination reversed; grounds were proven against the father, no nexus was required for least restrictive means, and best-interests analysis was needed.

    …noting that DCF did not request a single-parent termination in its petition and did not argue for that result at trial, the trial court stated that section 39.811(6) allowed for a single-parent termination where, as in this case, the trial court determined the parent committed an egregious act or murdered a child. However,…

  16. J.J. v. Department of Children & Families 886 So. 2d 1046 · 4D04-762 · 4th DCA 2004

    Reversed & remanded This opinion cites § 39.811 6 times: (1), and the section generally

    · cited by 8 in all courts

    Order reversed because after DCF failed to prove best interests the court could not order a retrial; it had to follow section 39.811 remedies.

    …to "re-notice" the matter for further proceedings. We reverse the order and remand for the court to fashion an *1048 order that complies with section 39.811(1), Florida Statutes (2003). In its order, the court determined that the Department had proved by clear and convincing evidence that the parents "have not and…

  17. Z.R. v. Department of Children & Families 202 So. 3d 892 · 3D16-0833 · 3rd DCA 2016

    Affirmed in part, reversed in part This opinion cites § 39.811 5 times: (6)

    Grounds for terminating the mother were supported, but termination reversed for findings on section 39.811(6) because the fathers' rights status was unclear.

    …proceedings. See In re V.M., 893 So. 2d 595, 597 (Fla. 2d DCA 2005) (“We cannot make a decision at this time regarding the requirements of section 39.811(6) and do not mandate any specific decision by the trial judge. We do not reverse the trial court’s determination that the Department established grounds…

  18. Department of Children & Families v. A.L. 1D20-1002 · 1st DCA 2020

    Reversed & remanded This opinion cites § 39.811 4 times: (6)(d), (6)(e), and the section generally

    Dismissal of the termination petition was reversed because the court misapplied the directed-verdict standard, wrongly applied least restrictive means, and ignored grounds and single-parent termination.

    …and therefore it considered only the mother, concluding that if it did not terminate her parental rights, it could not terminate the father’s. Section 39.811, Florida Statutes, provides for the trial court’s dispositional powers regarding petitions for termination of parental rights. In subsection (6), the statute…

  19. S.S. v. D.L. 944 So. 2d 553 · 4D05-1548 · 4th DCA 2007

    Reversed & remanded This opinion cites § 39.811 4 times: (6), (6)(d)

    · cited by 14 in all courts

    Termination sought by the former wife was reversed: speculation, brief remaining incarceration, no sexual predator designation, and no least restrictive means analysis.

    …is reversible only if clearly erroneous or lacking in evidentiary support. In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). Section 39.811(6), Florida Statutes, establishes circumstances under which the parental rights of one parent may be terminated without severing the rights of the other. The…

  20. A.G. v. Department of Children & Family Services 932 So. 2d 311 · 2D05-2809 · 2nd DCA 2006

    Dismissed This opinion cites § 39.811 4 times: (6)

    · cited by 9 in all courts

    Appeal dismissed as moot because the rights of the two prospective fathers were terminated while it was pending, resolving the one-parent termination and military-rights issues.

    …she raises are moot. A.G. first contends that the order terminating her parental rights must be reversed because the trial court failed to address section 39.811(6), Florida Statutes (2003), which specifies when the court has the power to terminate the rights of one parent without terminating the other parent’s rights.…

  21. In re V.M. 893 So. 2d 595 · 2D03-5107 · 2nd DCA 2005

    Affirmed in part, reversed in part This opinion cites § 39.811 4 times: (6)

    · cited by 4 in all courts

    Father's termination reversed for insufficient proof; mother's termination reversed and remanded so the court can apply the one-parent termination factors of section 39.811(6).

    …the Father. Although the evidence supported a termination of the Mother's parental rights, our reversal as to the Father invokes the requirements of section 39.811(6), Florida Statutes (2003). That statute requires a court to consider additional factors when terminating one parent's rights without terminating the rights of…

  22. L.N. v. Department of Children & Family Services 884 So. 2d 291 · 2D03-1678-2 · 2nd DCA 2004

    Affirmed in part, reversed in part This opinion cites § 39.811 4 times: (6)

    · cited by 9 in all courts

    Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

    …parental rights to E.D. proceeded as an action to sever the parental rights of one parent *294 without severing the rights of the other parent. Section 39.811(6) lists the “only” circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent. 2 The…

  23. Buckner v. Family Services of Cent. Florida 876 So. 2d 1285 · 5D03-3217 · 5th DCA 2004

    Affirmed This opinion cites § 39.811 4 times: (8), (9), and the section generally

    · cited by 10 in all courts

    Dismissal affirmed of former foster parents' suit seeking adoption and visitation; they lacked standing as next friends and could not compel DCF's adoption consent.

    …point out that Chapter 39 provides the court with the authority *1291 to assure that progress is being made toward a permanent adoptive placement. See §§ 39.811, 39.812, Fla. Stat. (2003). Section 39.811(9) provides: The court shall review the status of the child's placement and the progress being made toward…

  24. G.L.S. v. Department of Children & Families 700 So. 2d 96 · 1D97-1493 · 1st DCA 1997

    This opinion cites § 39.811 4 times, a subsectionCited as § 39.469 (1995 statutes), now § 39.811Also cites § 39.469(6) under the 1995 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …which terminated the father's parental rights. The father filed a timely notice of appeal from this order. Subsequently, the trial court, pursuant to section 39.469, Florida Statutes (1991), entered a disposition order reaffirming the termination of parental rights and permanently committing the children to the Department…

  25. M.M.W. v. J.W. 3D21-2419 · 3rd DCA 2022

    Reversed & remanded This opinion cites § 39.811 3 times: (6), (6)(e)

    Termination on the father's private petition reversed because the threat ground was unpled, violating due process, and chronic substance abuse was not proven.

    …unique to single-parent terminations are implicated. The grounds for single-parent terminations are limited to those contained within section 39.811(6), Florida Statutes. Abandonment, as pled by the father in his petition, is not among them. However, both statutory factors identified by the trial…

  26. Department of Children & Families v. F.A.P. 4D19-2997 · 4th DCA 2020

    Reversed & remanded This opinion cites § 39.811 3 times: (1), (1)(a), and the section generally

    After denying termination, the court had to consider dependency; remanded to adjudicate the child dependent given the parents' concession and the child's fractures.

    …finds the requirements for termination of parental rights were not proven, the court must then determine, as part of its dispositional powers under section 39.811(1), Florida Statutes (2016), whether the evidence supports the child being adjudicated dependent.” In Interest of K.W., 234 So. 3d 835, 836 (Fla. 2d DCA 2018).…

  27. Guardian ad Litem Program v. Department of Children & Families 207 So. 3d 1000 · 5D16-3380 · 5th DCA 2016

    Reversed This opinion cites § 39.811 3 times: (6)(e), and the section generally

    · cited by 2 in all courts

    Denial of termination reversed with directions to terminate both parents; mother's repeated case plan failures satisfied least restrictive means.

    …and substantial evidence of a commitment to change by the mother since June 2016, and to now complete her case plan tasks. Therefore, pursuant to section 39.811 (l)(a)(l), Florida Statutes, this Court, as outlined below, will re-adjudicate the children as dependent, and continue the children in out of home care under…

  28. M.W. v. Department of Children & Family Services 88 So. 3d 1033 · 2D12-59 · 2nd DCA 2012

    Dismissed This opinion cites § 39.811 3 times: (6)

    Appeal from denial of the mother's motion to set aside termination dismissed as moot because the father later surrendered his rights.

    …parental rights to G.M. 1 She argues that the court erred by failing to make sufficient findings to support a single-parent termination order under section 39.811(6), Florida Statutes (2011). Because this issue is now moot, we dismiss the appeal. On March 16, 2011, the circuit court entered an order terminating both the…

  29. P.S. v. Department of Children & Families 944 So. 2d 1187 · 1D06-2793 · 1st DCA 2006

    Reversed & remanded This opinion cites § 39.811 3 times: (6)

    · cited by 3 in all courts

    On DCF's concession, termination of the mother's rights was reversed because the father's termination rested on an unpleaded ground, undermining one-parent termination.

    …can not stand given the nature of the order against the father. As support for this proposition, appellee relies upon the requirements set forth in section 39.811(6), Florida Statutes. This statute identifies a list of circumstances which will permit the severing of one parent's rights without severing the parental rights…

  30. H.P. v. Department of Children & Family Services 885 So. 2d 960 · 2D04-463 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.811 3 times, the section generally

    Termination reversed because, with the father working toward reunification and the children staying dependent, severing the mother's rights was not the least restrictive means.

    …the court proceeded under the wrong statute in terminating H.P.’s rights. It cited section 39.806 as the statutory basis for termination. However, section 39.811 provides the only circumstances under which one parent's rights may be terminated when the rights of another parent remain intact. See also L.N. v. Dep’t…

  31. W.R. v. Department of Children & Family Services 701 So. 2d 651 · DCA96-3572 · District Court of Appeal 1997

    This opinion cites § 39.811 3 times, a subsectionCited as § 39.469 (1995 statutes), now § 39.811Also cites § 39.469(1)(a) under the 1995 statutes, too old to match to today's subsections.

    …order that denied the amended petition to terminate, readjudicated the children dependent, and placed them together in long term foster care. See *652 §§ 39.469(1)(a), 39.469(1)(a)2; 39.35, Fla. Stat. (1995). The issues in this ease arose when, on the last of approximately 22 days, nights, weekends of trial, the trial…

  32. T.R. v. Department of Children & Families SC2026-0557 · Florida Supreme Court 2026

    Other This opinion cites § 39.811 2 times, the section generallyCited as § 39.469 (2025 statutes), now § 39.811

    Supreme Court sanctioned a father for repeated frivolous habeas filings challenging a final termination, barring further unsigned-by-counsel filings in the case.

    …deprives the parents or legal guardian of any right to the child.” Stefanos v. Rivera-Berrios, 673 So. 2d 12, 13 (Fla. 1996) (citing section 39.469, now renumbered section 39.811). Any rights the natural parent may have had regarding the child are permanently forfeited and cannot be reopened by means…

  33. E.D. v. Department of Children & Families 3D2026-0223 · 3rd DCA 2026

    Affirmed This opinion cites § 39.811 2 times: (6)(d), (6)(e)

    Termination affirmed because competent substantial evidence supported the abandonment and egregious conduct grounds, which permit terminating one parent's rights.

    …the rights of the single parent’” or “‘[i]f the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1) . . . (f).’” § 39.811(6)(d),(e), Fla. Stat. (2025). “The standard of review where a trial court terminates parental rights on the basis of egregious conduct, is whether the order is…

  34. K.E. v. Department of Children & Families 2D19-1191 · 2nd DCA 2019

    Reversed This opinion cites § 39.811 2 times: (1)(b), and the section generally

    Dependency adjudication on remand reversed with instructions to dismiss because speculation about who injured the infant and stale minor lapses did not prove dependency.

    …the Child in the custody of the Mother would lead to abuse, abandonment, or neglect." Id. at 213. We remanded for further proceedings pursuant to section 39.811. K.E., 263 So. 3d at 213. At a status conference on remand, both the Department and the guardian ad litem requested that the trial court…

  35. R.D.S. v. Department of Children & Families 263 So. 3d 183 · 3D18-988 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.811 2 times: (1)(a)

    Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

    …protecting the Child from future harm." While the trial court concluded that there was sufficient evidence for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018), 3 it also found that the Parents' problems in following medical instructions regarding the administration of insulin were not shown…

  36. R.D.S. v. Department of Children & Families 3D18-0939 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.811 2 times: (1)(a)

    Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

    …the Child from future harm.” While the trial court concluded that there was sufficient evidence for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found that the Parents’ problems in following medical instructions regarding the administration of insulin were not shown…

  37. T.W. v. Department of Children & Families 253 So. 3d 779 · 1D18-2775 · 1st DCA 2018

    Dismissed This opinion cites § 39.811 2 times: (8)

    Father's appeal from the termination order dismissed as untimely; a pending adoption case plan did not make the order non-final.

    …labor is required and contemplated. Specifically, the order directs the Department of Children and Families to file an Adoption Case Plan pursuant to section 39.811(8), Florida Statutes (2017), which the court will accept and adopt upon filing. However, the trial court’s acceptance and adoption of an amended case plan…

  38. B.R. v. Department of Children & Families 200 So. 3d 236 · 5D16-1887-2 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.811 2 times: (5)

    Termination judgment remanded because the written order lacked the facts required by section 39.811(5), though the oral findings were detailed.

    …(“Appel-lee”) concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla. Stat. (2016) (“If the court terminates parental rights, the court shall enter a written order of disposition briefly stating the facts upon which its…

  39. N.G. v. Department of Children & Families 200 So. 3d 237 · 5D16-1968 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.811 2 times: (5)

    Termination judgment remanded because the written order lacked the facts required by section 39.811(5), though the oral findings were detailed.

    …Families (“Appellee”) concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla. Stat. (2016) (“If the court terminates parental rights, the court shall enter a written order of disposition briefly stating the facts upon which its…

  40. N.G. v. Department of Children & Families 5D16-1968-2 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.811 2 times: (5)

    Termination judgment remanded because the written order lacked the facts required by section 39.811(5), though the oral findings were detailed.

    …Families (“Appellee") concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla. Stat. (2016) ("If the court terminates parental rights, the court shall enter a written order of disposition briefly stating the facts upon which its…

  41. B.R. v. Department of Children & Families 5D16-1887 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.811 2 times: (5)

    Termination judgment remanded because the written order lacked the facts required by section 39.811(5), though the oral findings were detailed.

    …Families (“Appellee") concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla. Stat. (2016) ("If the court terminates parental rights, the court shall enter a written order of disposition briefly stating the facts upon which its…

  42. Department of Children & Families v. Guardian ad Litem Program 186 So. 3d 1084 · 1D15-5563 · 1st DCA 2016

    Certiorari / writ granted This opinion cites § 39.811 2 times: (8), (9)

    · cited by 2 in all courts

    Writ granted quashing an order limiting DCF to one prospective adoptive family; selecting the adoptive home exceeded the court's authority and separation of powers.

    …good cause shown by the guardian ad litem for the child, the court may review the appropriateness of the adoptive placement of the child.... See also § 39.811(8), Fla. Stat. (2015) (“If the court terminates parental rights, it shall, in its order of disposition, provide for a hearing, to be scheduled no later than 30…

  43. M.C. v. Department of Children & Families 186 So. 3d 74 · 3D15-2401 · 3rd DCA 2016

    Reversed & remanded This opinion cites § 39.811 2 times: (1), and the section generally

    · cited by 9 in all courts

    Termination reversed; no clear evidence showed the mother inflicted the child's burns or had the opportunity to prevent and knowingly failed to prevent them.

    …evidence grounds for terminating the Mother’s parental rights under section 39.806(1)(f), and we remand for further proceedings pursuant to section 39.811, Florida Statutes (2015). Section 39.811(1) sets forth the procedure a trial court shall follow when the grounds for termination of parental rights have not…

  44. B.K. v. Department of Children & Families 166 So. 3d 866 · 4D14-3222 · 4th DCA 2015

    Affirmed This opinion cites § 39.811 2 times: (7)(b), and the section generally

    · cited by 14 in all courts

    Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

    …child, or at least be involved in her life, and not to allow him to have that opportunity. The statutory framework for termination gives few options. See § 39.811, Fla. Stat. (2013). Pursuant to section 39.811(7)(b), Florida Statutes (2013), the court has the authority to make orders allowing continued contact with the…

  45. B.K. v. Department of Children & Families 4D14-3222-2 · 4th DCA 2015

    Affirmed This opinion cites § 39.811 2 times: (7)(b), and the section generally

    Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

    …child, or at least be involved in her life, and not to allow him to have that opportunity. The statutory framework for termination gives few options. See § 39.811, Fla. Stat. (2013). Pursuant to section 39.811(7)(b), Florida Statutes (2013), the court has the authority to make orders allowing continued contact with the…

  46. K.D. v. Department of Children & Family Services 132 So. 3d 877 · 2D13-538 · 2nd DCA 2014

    Reversed & remanded This opinion cites § 39.811 2 times: (1)

    · cited by 2 in all courts

    Termination reversed because the court reused stale best-interest findings without an evidentiary hearing on the twins' current circumstances.

    …the court’s options are limited by statute. It can either adjudicate the children dependent or simply dismiss the petition. Id. at 982 ; see § 39.811(1), Fla. Stat. (2009). 1 Accordingly, we reversed and remanded for a reconsideration of the issues of least restrictive means and manifest best interests and…

  47. N.S. v. Department of Children & Families 36 So. 3d 776 · 3D09-2019 · 3rd DCA 2010

    Affirmed This opinion cites § 39.811 2 times, the section generally

    · cited by 11 in all courts

    Termination affirmed: the father ignored his case plan, and the mother's intellectual limits meant she could never safely parent despite services; partial dissent.

    …as it is evident termination of N.S.' rights is the least restrictive alternative available to protect the life, safety and health of these children. See § 39.811, Fla. Stat. (2009); J.J. v. Dept. of Children & Families, 886 So.2d 1046, 1048 (Fla. 4th DCA 2004). In so doing, the Department should be reminded…

  48. P.S. v. Department of Children & Families 4 So. 3d 719 · 5D08-3140 · 5th DCA 2009

    Affirmed in part, reversed in part This opinion cites § 39.811 2 times, the section generally

    · cited by 4 in all courts

    A second dependency adjudication was improper under the statute, but requiring the father to complete a case plan was proper; remanded for a supplemental order.

    …the court shall supplement the adjudicatory order, disposition order, and the case plan, as necessary. With the exception of proceedings pursuant to section 39.811, 2 the child’s dependency status may not be retried or readjudicated. § 39.507(7)(b), Fla. Stat. (2008). It is significant to…

  49. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

    Affirmed This opinion cites § 39.811 2 times: (7)(b), and the section generally

    · cited by 12 in all courts

    Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

    …and the child was placed in the Department's permanent care and custody for subsequent adoption. In a separate disposition order pursuant to section 39.811, Florida Statutes (2006), the trial court determined that due to Appellant's own psychological and cognitive limitations, she is simply unable to parent B.W.…

  50. In re D.S. 849 So. 2d 411 · 2D02-3555 · 2nd DCA 2003

    Reversed & remanded This opinion cites § 39.811 2 times: (6)

    Termination as to the son reversed: denying a continuance to counsel who believed no termination was sought as to him was an abuse of discretion.

    …raised concerning their cases, and we affirm the terminations of parental rights as to the daughters. Only D.S. is affected by this appeal. [2] Section 39.811(6), Florida Statutes (2002), provides that the parental rights of one parent may be severed without severing the parental rights of the other parent only under…

  51. E.S. v. Department of Children & Families 836 So. 2d 1089 · 1D02-3582 · 1st DCA 2003

    Dismissed This opinion cites § 39.811 2 times: (1)(a), (2)

    · cited by 3 in all courts

    Appeal dismissed for lack of jurisdiction because the order found grounds but declined termination and did not adjudicate dependency, so it was not final.

    …rights and either (a) adjudicate the children dependent or (b) dismiss the petition for termination, or (2) grant the petition to terminate parental rights. § 39.811(1)(a)(b), (2), Fla. Stat. (2001). However, this order is not final because it neither terminates parental rights nor adjudicates the children dependent. This Court…

  52. D.P. v. Department of Children & Family Services 813 So. 2d 1074 · 2D01-4705 · 2nd DCA 2002

    Reversed & remanded This opinion cites § 39.811 2 times: (7)(b)

    Order denying a surrendering mother all contact reversed because the court's grant of written communication was never put in a written order.

    …the Department concedes, that the trial court granted her written communication with the children but failed to reduce this ruling to a written order. Section 39.811(7)(b), Florida Statutes (2001), allows a trial court, in its discretion, to permit continued communication or contact after the termination of parental rights when…

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

    Reversed & remanded This opinion cites § 39.811 2 times: (5), and the section generally

    · 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.

    …termination it should enter another order of disposition ("final order"), terminating parental rights and ordering custody to an appropriate party. [1] § 39.811, Fla. Stat. (1999). L.O. concedes for purposes of this appeal that she executed a "voluntary" surrender to the termination of her parental rights as part of…

  54. S.D. v. Department of Children & Families 805 So. 2d 10 · 3D00-3086 · 3rd DCA 2001

    Affirmed This opinion cites § 39.811 2 times: (7)(b), and the section generally

    · cited by 9 in all courts

    Termination affirmed on the mother's chronic cocaine use, repeated drug-exposed births, and abandonment, despite the guardian's contrary recommendation; the child stays with the father.

    …*14 2.4 It is in the manifest best interest of the Child that this Court terminate the Mother's parental rights to the Child and, pursuant to Sections 39.806 and 39.811, Fla. Stat. (1999), permanently deprive the Mother of any right that she may have to the Child because: a. The Mother lacks the ability and disposition to…

  55. In re D.W. 763 So. 2d 497 · 2D99-2910 · 2nd DCA 2000

    Affirmed in part, reversed in part This opinion cites § 39.811 2 times: (7)(a), (7)(b)

    · cited by 1 in all courts

    Termination affirmed, but remanded because the order failed to address possible continued contact between the father and the unadoptable children.

    …issue was inadvertently omitted from the order. The trial court has authority to permit structured contact between these children and their father. See § 39.811(7)(b), Fla. Stat. (1997). We reverse the order to the extent that it implicitly denies such visitation. On remand, the trial court is free to receive additional…

  56. F.M. v. Department of Children & Families 727 So. 2d 995 · DCA98-955 · District Court of Appeal 1999

    This opinion cites § 39.811 2 times: (7)(b)Cited as § 39.469(7) (1997 statutes), now § 39.811(7)(b)

    …of parental rights, it is true as a matter of law that the question of termination of the visitation of rights of relatives is before the court. See § 39.469(7), Fla. Stat. (1997). 1 However, at the time this case was adjudicated, the 1997 statutes were applicable. The legislature had conferred special rights on…

  57. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

    This opinion cites § 39.811 2 times, a subsectionAlso cites § 39.469(2), 39.469(3) under the 1994 statutes, too old to match to today's subsections.

    …the custody of the department for the purpose of adoption or place the child in the custody of a licensed child-placing agency for the purpose of adoption." § 39.469(2) and (3), Fla. Stat. (Supp. 1994). A contested adoption proceeding has precisely the same effect on the same constitutionally protected interests of the…

  58. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

    This opinion cites § 39.811 2 times, a subsectionAlso cites § 39.469(2), 39.469(3) under the 1994 statutes, too old to match to today's subsections.

    · cited by 15 in all courts

    …the custody of the department for the purpose of adoption or place the child in the custody of a licensed child-placing agency for the purpose of adoption.” § 39.469(2) and (3), Fla. Stat. (Supp. 1994). A contested adoption proceeding has precisely the same effect on the same constitutionally protected interests of the…

  59. Lewis v. Dept. of Hlth. & Rehab. Services 670 So. 2d 1191 · 5D95-921 · 5th DCA 1996

    This opinion cites § 39.811 2 times, a subsectionCited as § 39.469 (1993 statutes), now § 39.811Also cites § 39.469(2)(b) under the 1993 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …who was present to testify). The same standard should apply in a termination case where the mother is permanently deprived of any right to the child. § 39.469(2)(b). HRS argues that the orders of the trial court should be sustained because even without the hearsay the record contains sufficient competent evidence to…

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

    This opinion cites § 39.811 2 times, a subsectionAlso cites § 39.469(2)(b) under the 1991 statutes, too old to match to today's subsections.

    · cited by 31 in all courts

    … At the outset, we note that an order of termination of parental rights permanently deprives the parents or legal guardian of any right to the child. § 39.469(2)(b), Fla.Stat. (1991). Any rights the natural parent may have had to the child are permanently forfeited and cannot be reopened by means other than a proper…

  61. Moore v. Department of Health & Rehabilitative Services 664 So. 2d 1137 · 5D95-845 · 5th DCA 1995

    This opinion cites § 39.811 2 times, the section generallyCited as § 39.469 (1994 statutes), now § 39.811

    · cited by 13 in all courts

    …Weinberg, who apparently was assigned by rotation to the juvenile division in Putnam County, held a dispositional hearing in the cause pursuant to section 39.469, Florida Statutes. Judge Weinberg entered what is labeled an order of disposition on termination of parental rights of the father, reiterating that Moore's…

  62. Department of Children & Families v. K.b 2D2025-2510 · 2nd DCA 2026

    Reversed & remanded This opinion cites § 39.811 1 time: (6)

    Denial of termination reversed because unrebutted expert testimony showed the parents' failure to seek care for a starving child was egregious; remanded for best-interest findings.

    …Statutes (2024), and chronic abuse, pursuant to section 39.806(1)(g). The petition also alleged grounds for single parent termination pursuant to section 39.811(6). A trial was held on June 9, 2025. Because our conclusion as to egregious conduct is dispositive, we address the evidence relevant to that ground for…

  63. Guardian ad Litem Program v. Alberto 3D22-0801 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(2)(b) under the 1991 statutes, too old to match to today's subsections.

    Certiorari granted quashing orders compelling confidential Chapter 39 records for a rule 1.540 petition, because the court never inspected them in camera or found necessity.

    …2d 12, 13 (Fla. 1996) (noting that “an order of termination of parental rights permanently deprives the parents or legal guardian of any right to the child. § 39.469(2)(b), Fla. Stat. (1991). Any rights the natural parent may have had to the child are permanently forfeited and cannot be reopened by means …

  64. J.O. v. Department of Children & Families 4D20-2615 · 4th DCA 2021

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (5)

    Termination affirmed for case plan breach, but remanded because the judgment conflicted on whether abandonment was also found and lacked findings.

    …Fla. Stat. (2020) (requiring order on adjudicatory hearing for termination of parental rights petition to contain findings of fact and conclusions of law); § 39.811(5), Fla. Stat. (2020) (requiring termination order to “briefly stat[e] the facts upon which its decision to terminate the parental rights is made”). Affirmed…

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

    Reversed & remanded This opinion cites § 39.811 1 time: (1)

    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.

    …under chapter 39 are primarily focused on the protection of children. Cf. § 39.001(1), Fla. Stat. (setting out legislative purposes for chapter 39); § 39.811(1), Fla. Stat. (requiring the trial court still to consider whether dependency has been established, even if “grounds for termination of parental rights have not…

  66. K.H. v. Department of Children & Families 4D19-1071 · 4th DCA 2019

    Affirmed This opinion cites § 39.811 1 time: (5)

    Termination affirmed despite a ten-month delay in the order because nothing conflicted with the trial and evidence supported it.

    …the legislature has weighed in on an appropriate time within which to issue an order of disposition in a TPR case. Effective October 1, 2019, section 39.811(5), Florida Statutes provides: If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after…

  67. Q.L. v. Department of Children & Families 4D19-0526 · 4th DCA 2019

    Reversed This opinion cites § 39.811 1 time, the section generally

    Termination reversed because the mother completed all services and findings of ongoing domestic violence and housing instability were unsupported or stale.

    …statutory grounds for termination of the mother’s parental rights, we reverse and remand for the trial court to “fashion an order that complies with section 39.811, Florida Statutes.” J.J. v. Dep’t of Children & Families, 886 So. 2d 1046, 1049 (Fla. 4th DCA 2004). NUTT, JAMES, Associate Judge, concurs. MAY, J., dissents…

  68. Y.H.B. v. Department of Children & Families 4D19-0883 · 4th DCA 2019

    Affirmed This opinion cites § 39.811 1 time: (2)

    Termination affirmed for egregious abuse of the infant and failure to protect; the grandmother lacked standing and was properly denied placement.

    …J.H.’s rights. Moreover, once the trial court determines to terminate parental rights of a child in DCF custody, as these children are under section 39.811(2), Florida Statutes (2018), placement is for purposes of adoption. Finally, even if the grandmother did have standing, there is competent substantial evidence…

  69. J.G. v. Department of Children & Families 270 So. 3d 523 · 5D18-3917 · 5th DCA 2019

    Affirmed This opinion cites § 39.811 1 time: (6)

    Termination for abandonment affirmed; the father's counsel, private adoption and single-parent termination arguments were unpreserved or meritless, and he did not challenge the evidence.

    …presented on appeal at trial). Father's final argument is that the trial court entered an improper single-parent termination order in violation of section 39.811(6), Florida Statutes (2016), by terminating his parental rights without terminating Mother's parental rights. He provides that abandonment is not an enumerated…

  70. K.E. v. Department of Children & Families 263 So. 3d 202 · 2D18-1501 · 2nd DCA 2019

    Reversed & remanded This opinion cites § 39.811 1 time, the section generally

    · cited by 5 in all courts

    Termination reversed because the unexplained infant arm fracture did not prove egregious conduct or threat, and no reunification services or least restrictive means were shown.

    … Accordingly, we reverse the trial court's order terminating the Mother's parental rights, and we remand for further proceedings pursuant to section 39.811. KELLY, MORRIS, and ATKINSON, JJ., Concur. - 20 -

  71. M.C. v. Department of Children & Families 206 So. 3d 798 · 3D16-1114 · 3rd DCA 2016

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time, the section generally

    On remand after termination reversal, dependency affirmed for the child with untreated severe injuries but reversed for the sibling because neglect evidence was scant.

    …trial court’s termination of the mother, M.C.’s, parental rights as to E.C. and G.C., and directed the court to follow the procedure set forth in section 39.811 of the Florida Statutes (2015) to determine whether the evidence adduced at the adjudicatory hearing nevertheless supports a lesser adjudication of…

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

    Affirmed This opinion cites § 39.811 1 time: (7)(b)

    · 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.

    …has left open the possibility of allowing continued visitation between a biological parent and child after the parent’s rights have been terminated. See § 39.811(7)(b), Fla. Stat. (2016); Fla. Dep’t of Children & Family Servs. v. A.D., 904 So. 2d 480, 482 (Fla. 1st DCA - 22…

  73. State v. B.C. 185 So. 3d 716 · 1D15-3328 · 1st DCA 2016

    Reversed & remanded This opinion cites § 39.811 1 time: (7)(b)

    · cited by 6 in all courts

    Court erred in refusing termination because limited supervised or telephone contact was possible; such contact does not defeat least restrictive means when reunification is unattainable.

    …Whether to allow the limited type of telephonic/supervised contact at issue here pre- and post-termination is left to the discretion of the trial court. § 39.811(7)(b), Fla. Stat. (2015) (“If the court terminates parental rights, it may, as appropriate, order that the parents, siblings, or relatives of the parent whose…

  74. Department of Children & Families v. J.S. 183 So. 3d 1177 · 4D15-2272 · 4th DCA 2016

    Reversed This opinion cites § 39.811 1 time: (6)(e)

    · cited by 5 in all courts

    Denial of termination reversed: the incarcerated father's lengthy sentence and absent relationship met the incarceration ground, so termination of both parents was directed.

    …the termination of the mother’s parental rights because the court found insufficient evidence existed to support a single- parent termination under sections 39.811(6)(e) and 39.806(1)(i), Florida Statutes (2015). The Department filed a motion for rehearing, which the guardian supported. The motion argued the Department…

  75. K.J. v. Department of Children & Families 181 So. 3d 551 · 4D15-2606 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (1)(a)1.

    Permanent guardianship with grandparents affirmed as supported by evidence, but remanded because the order lacked the specific findings required by section 39.6221.

    …and the court’s determination that the circumstances had not changed. Further, the order of permanent guardianship was a permissible case plan under section 39.811(1)(a)(1), Florida Statutes (2015). We distinguish Z.C. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012). In that case, the trial court placed the child in a permanent…

  76. Guardian ad Litem Program v. A.A. 171 So. 3d 174 · 5D15-966 · 5th DCA 2015

    Reversed This opinion cites § 39.811 1 time: (6)

    · cited by 16 in all courts

    Denial of termination reversed: available relative placement and possible parental contact do not defeat least restrictive means, so termination and adoption were directed.

    …trial court erred by holding that it was unable to terminate Mother’s parental rights because single parent termination is not permitted pursuant to section 39.811(6), Florida Statutes (2014). In the final judgment, the trial court noted and accepted Father’s voluntary surrender of parental rights. Father’s surrender of his…

  77. D.S. v. Department of Children & Families 164 So. 3d 29 · 4D14-3144 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (4)

    · cited by 6 in all courts

    Incarcerated father's termination reversed for two bonded children living with his sister, absent proof of harm, but affirmed for the child without a relationship.

    …to P.S., but we reverse the termination of his parental rights as to D.S., Jr. and K.S. We remand for further proceedings in accordance with section 39.811(4), Florida Statutes. MAY and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for…

  78. G.H. v. Department of Children & Families 145 So. 3d 884 · 1D13-5334 · 1st DCA 2014

    Reversed & remanded This opinion cites § 39.811 1 time, the section generally

    · cited by 4 in all courts

    Termination reversed because DCF failed to show it was the least restrictive means, as the aunt's guardianship already protected the child.

    …the child. Accordingly, the order terminating the parental rights of the appellant is REVERSED and REMANDED for further proceedings as authorized by section 39.811, Florida Statutes. PADOVANO and MARSTILLER, JJ., concur.

  79. Chew v. Roberts 122 So. 3d 493 · 5D13-2697 · 5th DCA 2013

    Certiorari / writ granted This opinion cites § 39.811 1 time: (2)

    · cited by 5 in all courts

    Certiorari granted, quashing an order consolidating relatives' adoption case with the termination case because the foster parents got no notice.

    …rights were terminated on November 30, 2012. The final judgment of termination of parental rights committed *495 B.E. to DCF for subsequent adoption. See § 39.811(2), Fla. Stat. (2012). 1 Petitioners -wish to adopt B.E. and on May, 22, 2013, moved to intervene as parties in the dependency case under the authority of I.B.…

  80. A.J. v. Department of Children & Families 111 So. 3d 980 · 5D12-4500 · 5th DCA 2013

    Affirmed This opinion cites § 39.811 1 time: (1)(a)

    Dependency adjudication affirmed because the parents missed many appointments for a medically fragile child, endangering her health.

    …the trial court of the need to terminate the father’s parental rights. However, the court found the child to be dependent within the meaning of section 39.811(l)(a), Florida Statutes (2011). In addition to testimony concerning the numerous medical issues confronting the child and evidence of a number of missed medical…

  81. J.B. v. Department of Children & Families 107 So. 3d 1196 · 1D12-3881 · 1st DCA 2013

    Reversed & remanded This opinion cites § 39.811 1 time: (1)

    · cited by 5 in all courts

    Expedited termination reversed because prior sibling terminations three years earlier and housing instability did not prove substantial risk of significant harm or least restrictive means.

    …was the least restrictive means). Thus, we REVERSE and REMAND for further proceedings consistent with this opinion, as authorized pursuant to section 39.811(1), Florida Statutes (2012). DAVIS and PADOVANO, JJ., Concur. . The trial court’s order reflects that the Department withdrew the ground pled in the…

  82. F.O. v. Department of Children & Families 94 So. 3d 709 · 5D12-892 · 5th DCA 2012

    Affirmed This opinion cites § 39.811 1 time, the section generally

    Order requiring the father to do case plan tasks affirmed without an abuse or neglect finding, because his conduct harmed the children's mental health.

    …child, the court shall supplement the adjudicatory order, disposition order, and the case plan, as necessary. With the exception of proceedings pursuant to s. 39.811, the child’s dependency status may not be retried or readjudicated. Although the trial court’s ensuing order is somewhat unclear, we do not believe that it…

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

    Reversed & remanded This opinion cites § 39.811 1 time: (6)(d)

    · 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.

    …his children, had a history of absconding with the children, had failed to make any provisions for the children’s support, and that pursuant to section 39.811(6)(d), the protection of the children warranted the termination of the father’s parental rights. Section 39.801(3)(a), Florida Statutes (2011), provides that…

  84. D.A. v. Department of Children & Families 84 So. 3d 1136 · 3D11-2540 · 3rd DCA 2012

    Affirmed This opinion cites § 39.811 1 time, the section generally

    · cited by 10 in all courts

    Dependency adjudication affirmed; the father's untreated bipolar disorder and cocaine use risked imminent neglect, and prospective risk suffices for a second parent.

    …child, the court shall supplement the adjudicatory order, disposition order, and the case plan, as necessary. With the exception of proceedings pursuant to s. 39.811, the child's dependency status may not be retried or readjudicated. For several reasons, we reject the Fifth District's conclusion that the plain language…

  85. Shuler v. Guardian ad Litem Program 17 So. 3d 333 · 5D07-3233 · 5th DCA 2009

    Affirmed This opinion cites § 39.811 1 time: (2)

    · cited by 6 in all courts

    Biological father of a child born during the mother's intact marriage had no parental rights, so intervention was denied and the child placed for adoption.

    …gained him nothing because, as the biological father of a child who was born during the mother’s intact marriage, he has no legal rights. Under section 39.811(2), of the Florida Statutes (2007), the trial court was required to decide whether to terminate the parental rights of the mother and the legal father. The…

  86. E.F. v. Department of Children & Families 16 So. 3d 867 · 1D09-0176 · 1st DCA 2009

    Reversed & remanded This opinion cites § 39.811 1 time: (6)

    Terminations reversed on DCF's concessions: no valid case plan for the father, confused information on APPLA, and the mother did not qualify for single-parent termination.

    …The Guardian ad Litem joins in the concession of error. The Department suggests that the mother does not qualify for single-parent termination under section 39.811(6), Florida Statutes, and therefore her appeal should also result in a reversal. We agree these concessions are well-taken and accordingly, the cases are…

  87. In re G.C. 6 So. 3d 643 · 2D08-1409 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.811 1 time: (1)

    Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.

    …and G.C. and the Mother's parental rights to J.P.-B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). If the court finds grounds to re-adjudicate the children dependent under the more relaxed…

  88. J.C. v. Department of Children & Family Services 6 So. 3d 643 · 2D08-1409-2 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.811 1 time: (1)

    · cited by 8 in all courts

    Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.

    …K.C. and G.C. and the Mother’s parental rights to J.P.B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i). If the court finds grounds to re-adjudicate the children dependent under the more relaxed…

  89. M.F. v. Department of Children & Families 992 So. 2d 410 · 1D08-1475 · 1st DCA 2008

    Reversed & remanded This opinion cites § 39.811 1 time: (6)

    · cited by 2 in all courts

    Termination of only the mother's rights reversed because the court refused to make the findings section 39.811(6) requires when severing one parent's rights.

    …of parental rights proceedings are governed by the rules of juvenile procedure, not the rules of civil procedure). The parties agree that section 39.811(6), Florida Statutes (2007), sets forth a list of circumstances that will allow the severing of one parent's rights without the severing of the other parent's…

  90. C.L. v. Department of Children & Family Services 943 So. 2d 272 · 3D06-1652 · 3rd DCA 2006

    This opinion cites § 39.811 1 time: (6)(d)

    · cited by 1 in all courts

    … Contrary to the arguments advanced by the appellant/mother, we find that the order terminating her parental rights to her minor child pursuant to sections 39.811(6)(d), .812, Florida Statutes (2004), was supported by competent and substantial evidence in the record before us. See F.A.F. v. Dep't of Children & Family…

  91. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

    Reversed & remanded This opinion cites § 39.811 1 time, the section generally

    · cited by 6 in all courts

    Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

    …stability will be maintained. Subsequently, the three children's parents signed voluntary surrenders, and their parental rights were terminated. See § 39.811, Fla. Stat. (2003). On June 7, 2004, the children were committed by court order to the Department's permanent custody for purposes of adoption. See §§…

  92. T.R. v. Department of Children & Families 925 So. 2d 1138 · 5D05-430 · 5th DCA 2006

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (6)

    · cited by 2 in all courts

    Termination affirmed for two children, but reversed as to the third because the father's termination was reversed, requiring review under the one-parent termination statute.

    …we reverse that portion of the lower court's order that terminated Appellant's rights in D.R. and remand this cause for further proceedings under section 39.811(6), Florida Statutes (2005), consistent with the holding in N.M. v. Department of Children & Family Services (In re V.M.), 893 So.2d 595 (Fla. 2d DCA…

  93. T.V.R. v. C.R. 918 So. 2d 395 · 2D04-3714 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.811 1 time: (6)

    · cited by 2 in all courts

    Mother-filed termination reversed because the trial court did not properly assess statutory grounds, manifest best interests, least restrictive means, or single-parent termination requirements.

    …existed to protect the child. Finally, this was a “single-parent termination.” The record reveals no assessment as to whether the requirements of section 39.811(6), Florida Statutes (2002), were satisfied. This statute provides that the parental rights of one parent may be severed without severing the parental rights of…

  94. Department of Children & Families v. K.F. 916 So. 2d 948 · 4D05-2015 · 4th DCA 2005

    Reversed This opinion cites § 39.811 1 time: (6)(e)

    · cited by 4 in all courts

    Denial of termination reversed: finding that the mother could be rehabilitated was unsupported after she starved an infant to death and neglected four other children.

    …court determined that DCF proved by clear and convincing evidence that K.F. engaged in egregious conduct towards her children pursuant to sections 39.806(1)(f) and 39.811(6)(e), Florida Statutes, and that K.F.'s conduct threatened their life, well-being, and physical, mental, and emotional health presently and for the foreseeable…

  95. G.F. v. Department of Children & Family Services 912 So. 2d 60 · 3D04-2189 · 3rd DCA 2005

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (7)(b)

    Termination affirmed because the mother could not meet the child's extraordinary needs, but post-termination contact provisions were remanded for specific findings.

    …the final judgment and remand to the trial court to make specific findings regarding the frequency and degree of contact between the child and the mother. § 39.811(7)(b), Fla. Stat. (2004). We find appellant’s remaining argument to be without merit. Affirmed in part, reversed and remanded in part.

  96. Department of Children & Families v. J.H. 907 So. 2d 1275 · 5D04-2665 · 5th DCA 2005

    Certiorari / writ granted This opinion cites § 39.811 1 time: (1)

    Order denying termination and returning the child to Alabama quashed for lacking findings, violating the Interstate Compact, and an inadequate record; new hearing ordered.

    …are no conclusions of law. See § 39.809(5), Fla. Stat. (2004). Further, the dispositional provisions of the order appear internally inconsistent. See § 39.811(1), Fla. Stat. (2004). Finally, both DCF and respondents have complained about the quality of taped recordings of the proceedings below. Respondents assert…

  97. Department of Children & Family Services v. Ad 904 So. 2d 480 · 1D04-1632 · 1st DCA 2005

    Reversed This opinion cites § 39.811 1 time: (7)(b)

    · cited by 7 in all courts

    Denial of termination reversed because the trial court's own findings contradicted its conclusions on case plan compliance and best interests; termination directed.

    …between the parent and children pending adoption, and even after adoption, if it determines that such contact is in the children's best interest. See § 39.811(7)(b), Fla. Stat. (2004); M.J., 889 So.2d at 988 . We therefore reverse the order denying the Department's petition for termination of parental rights. On…

  98. S.W. v. Department of Children & Family Services 898 So. 2d 1181 · 3D04-2186 · 3rd DCA 2005

    Affirmed This opinion cites § 39.811 1 time: (7)(b)

    Termination affirmed; the late-discovered therapist letter was unintentionally withheld and would not have changed the result, and the witness-exclusion claim was unpreserved.

    …So.2d 616 (Fla. 3d DCA 1998). The psychologist’s letter was pertinent to the issue of post-termination visitation, which the statute now allows. See § 39.811(7)(b), Fla. Stat. (2004). The guardian ad litem had, however, already recommended such visitation and it was ordered by the court. Under the circumstances here, we…

  99. Department of Children & Families v. M.J. 889 So. 2d 986 · 4D04-1815 · 4th DCA 2004

    Reversed This opinion cites § 39.811 1 time: (7)(b)

    · cited by 5 in all courts

    Denial of termination reversed: despite proven egregious sexual abuse and failure to protect, some children's wishes were not competent evidence against termination.

    …the father's sexual deviancy places the children at extreme risk and the mother refuses to protect the children from him. We accordingly reverse. Section 39.811(7)(b), cited by the Department, authorizes a court to allow parents whose rights are terminated to have "some communication or contact with the child pending…

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

    Reversed & remanded This opinion cites § 39.811 1 time: (6)

    · 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.

    …father and his children. As a result, the Department dismissed that portion of the petition for termination involving these three children. See, e.g., § 39.811(6), Fla. Stat. (2002). The Department proceeded only on that portion of the petition that sought to terminate T.L.D.’s parental rights to A.N.D. 1 T.L.D.,…

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

    Reversed This opinion cites § 39.811 1 time: (2)

    · 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.

    …the best interests of the child. See § 39.810, Fla. Stat. (2003). Each ground for termination must be established by clear and convincing evidence. See § 39.811(2), Fla. Stat. (2003). Further, this Court has held — although not specifically as to section 39.806(1)(d)(1) — that termination of parental rights requires a…

  102. Department of Children & Families v. F.L. 880 So. 2d 602 · SC03-1602 · Florida Supreme Court 2004

    Reversed & remanded This opinion cites § 39.811 1 time: (2)

    · cited by 87 in all courts

    Supreme Court held the prior-involuntary-termination ground facially constitutional, quashed the district court's contrary ruling, and remanded for further proceedings on the mother's termination.

    …interests of the child" (emphasis added). The grounds for termination must be established by clear and convincing evidence. § 39.809(1), Fla. Stat. (2002); § 39.811(2), Fla. Stat. (2002). Therefore, in every termination case— whether based on the termination of rights in a sibling or another ground—it is the burden of…

  103. P.O. v. Department of Children & Families 840 So. 2d 360 · 4D02-2391 · 4th DCA 2003

    Affirmed This opinion cites § 39.811 1 time, the section generally

    · cited by 1 in all courts

    Termination affirmed on case plan noncompliance; DCF's poor reasonable efforts were criticized but did not cause the mother's failure to address her drug problem.

    …including P.O.’s failure to comply with her case plan, and that termination of P.O.’s parental rights was in S.S.’s best interests. §§ 39.809(1), 39.810, 39.811, Fla. Stat. (2001). Section 39.806(l)(e), Florida Statutes, provides: A petition for termination of parental rights may also be filed when a child has…

  104. Department of Children & Families v. Adoption of B.G.J. 819 So. 2d 984 · 4D01-5075 · 4th DCA 2002

    Reversed & remanded This opinion cites § 39.811 1 time: (9)

    · cited by 6 in all courts

    Order letting the foster parents adopt reversed because the court cannot override DCF's appropriate adoptive selection and DCF's consent must be in writing.

    …to K.W. and M.W. to adopt B.G.J. On October 29, 2001, B.G.J.’s guardian ad litem filed an objection to DCF’s selection of K.W. and M.W. pursuant to section 39.811(9), Florida Statutes (2001). After a hearing was held, Judge Broome decided that it was in B.G.J.’s best interest to stay with J.M. and G.M. because they had…

  105. M.Q.C. v. Department of Children & Families 815 So. 2d 728 · 5D01-1553 · 5th DCA 2002

    Affirmed This opinion cites § 39.811 1 time: (5)

    Termination affirmed without opinion; a dissent would have remanded because the order merely tracked statutory factors without the written facts section 39.811(5) requires.

    …dissents with opinion. PLEUS, J., dissenting. I reluctantly dissent for the reason that the trial court did not comply with the clear mandate of section 39.811(5), Florida Statutes, which requires the trial court to state in writing the facts upon which termination was based. This requirement is important to the…

  106. C.W. v. Department of Children & Families 814 So. 2d 488 · 1D01-1710 · 1st DCA 2002

    Affirmed This opinion cites § 39.811 1 time, the section generally

    · cited by 7 in all courts

    Termination affirmed: prior sibling terminations and failure to protect a sibling from abuse supported it; counsel's consent to judge viewing videotapes waived objection.

    …rights. As did the Fourth District in A.C., I would reverse the order of termination and remand the case for further proceedings, as authorized by section 39.811, Florida Statutes (2000), relating to the trial court's powers of disposition. NOTES [1] The recommendation of the guardian ad litem is one of eleven…

  107. A.C. v. Department of Children & Families 798 So. 2d 32 · 4D00-4487 · 4th DCA 2001

    Affirmed in part, reversed in part This opinion cites § 39.811 1 time: (1)

    · cited by 8 in all courts

    Termination affirmed as to the burned daughter, but reversed as to the son because no case plan was offered and least restrictive means was unproven.

    …by terminating his parents' rights. The trial court's order with respect to G.C. is reversed and remanded for further proceedings in accordance with section 39.811(1). We affirm the trial court's order with respect to the termination of the mother's parental rights as to G.J. Affirmed in part; reversed in part. DELL and…

  108. In re C.W.W. 788 So. 2d 1020 · 2D00-1127 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.811 1 time: (5)

    · cited by 54 in all courts

    Termination of a cocaine-exposed newborn's mother reversed as speculative; no reunification case plan was offered, no egregious conduct found, and termination was not least restrictive.

    …Therefore, to the extent that the trial court's order may be based on this subsection, it must be reversed for the lack of factual findings to support it. § 39.811(5), Fla.Stat. (1999) (requiring the trial court's written order to contain the facts upon which the decision to terminate is based). Finally, the Department…

  109. In re Z.J.S. 787 So. 2d 875 · 2D00-545 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.811 1 time: (7)(b)Cited as § 39.469(7) (1997 statutes), now § 39.811(7)(b)

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …the relatives if it is in the child's best interest, even if parental rights are terminated and a subsequent adoption by a third party is approved. See § 39.469(7), Fla. Stat. (1999). Case No. 2D00-545 is reversed and remanded for proceedings consistent with this opinion. Case No. 2D00-1262 is dismissed as moot. …

  110. J.R.S. v. Department of Children & Families 787 So. 2d 875 · 2D00-545-2 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.811 1 time: (7)(b)Cited as § 39.469(7) (1997 statutes), now § 39.811(7)(b)

    · cited by 12 in all courts

    Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

    …the relatives if it is in the child’s best interest, even if parental rights are terminated and a subsequent adoption by a third party is approved. See § 39.469(7), Fla. Stat. (1999). Case No. 2D00-545 is reversed and remanded for proceedings consistent with this opinion. Case No. 2D00-1262 is dismissed as moot. …

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

    This opinion cites § 39.811 1 time: (6)Cited as § 39.469(6) (1997 statutes), now § 39.811(6)

    · cited by 6 in all courts

    … (Okla.1972). In Florida, moreover, the Legislature has specifically limited the ability to terminate the parental rights of only one parent. Under section 39.469(6), Florida Statutes (1997), the parental rights of one parent may be severed without severing the parental rights of the other parent only under the following…

  112. In re K.C.C. 750 So. 2d 38 · 2D98-02795 · 2nd DCA 1999

    This opinion cites § 39.811 1 time: (6)Cited as § 39.469(6) (1997 statutes), now § 39.811(6)

    …of only the Father. In any case, the Mother did not testify at the termination hearing and no argument has been made on her behalf in this appeal. Section 39.469(6) provides that a court may terminate the rights of only one parent when necessary for the child's protection. Because the record establishes that the Mother…

  113. J.L.C. v. Department of Children & Family Services 750 So. 2d 38 · DCA98-02795 · District Court of Appeal 1999

    This opinion cites § 39.811 1 time: (6)Cited as § 39.469(6) (1997 statutes), now § 39.811(6)

    · cited by 13 in all courts

    …of only the Father. In any case, the Mother did not testify at the termination hearing and no argument has been made on her behalf in this appeal. Section 39.469(6) provides that a court may terminate the rights of only one parent when necessary for the child’s protection. Because the record establishes that the Mother…

  114. M.F.G. v. Department of Children & Families 723 So. 2d 290 · 3D97-3539 · 3rd DCA 1998

    This opinion cites § 39.811 1 time: (2)Cited as § 39.469(2) (1997 statutes), now § 39.811(2)

    · cited by 22 in all courts

    …the state may provide protective supervision for the child or, in limited circumstances, it may abolish parental rights altogether. See e.g., §§ 39.409(2), 39.469(2), Florida Statutes (1997). A parent's rights may be terminated where a high risk of abuse is shown by clear and convincing evidence. [1] See Hroncich v.…

  115. C.L. v. Department of Children & Family Services 716 So. 2d 825 · DCA98-0322 · District Court of Appeal 1998

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(1)(a) under the 1995 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …dependent. We therefore reverse the order terminating parental rights. We remand this case and direct the trial court to proceed in accordance with section 39.469(l)(a), Florida Statutes, and if the trial court determines that continued dependency is necessary, with a case plan that addresses C.L.’s behavior or act that…

  116. K.L.V. v. Department of Health & Rehabilitative Services 684 So. 2d 253 · DCA96-2836 · District Court of Appeal 1996

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(2)(b) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …rights permanently deprives the parent or legal guardian of any right to the child. See Stefanos v. Rivera-Berrios, 673 So.2d 12, 14 (Fla.1996); § 39.469(2)(b), Fla. Stat. (1995). Any rights the natural parent may have had to the child are permanently forfeited and cannot be reopened by means other than a proper…

  117. T.C. v. Department of Health & Rehabilitative Services 681 So. 2d 893 · 4D95-3405 · 4th DCA 1996

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(3) under the 1995 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …Florida Statutes (1995). While the statute says that the trial court must consider and evaluate all relevant factors, including those listed therein, section 39.469(3), Florida Statutes (1995), states: "If the court terminates parental rights, the court shall enter a written order of disposition briefly stating the facts…

  118. Herda v. Department of Health & Rehabilitative Services 673 So. 2d 977 · DCA96-0205 · District Court of Appeal 1996

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(3) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …Statutes (1995), and a second order that grants or denies the petition for termination and includes the brief factual statement provided for in section 39.469(3), Florida Statutes (1995). HRS admits that the trial court did not follow the statutory procedure here, arguing that the single termination order entered by…

  119. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(2) under the 1993 statutes, too old to match to today's subsections.

    …the placement and adoption of children whose parental rights have been terminated and the role of the judiciary in supervising those activities. Subsection 39.469(2) empowers the judiciary to place children whose parents' rights have been terminated in the "custody of [HRS] for purpose of adoption" or in the custody of a…

  120. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 39.811 1 time, a subsectionAlso cites § 39.469(2) under the 1993 statutes, too old to match to today's subsections.

    · cited by 35 in all courts

    …the placement and adoption of children whose parental rights have been terminated and the role of the judiciary in supervising those activities. Subsection 39.469(2) empowers the judiciary to place children whose parents’ rights have been terminated in the “custody of [HRS] for purpose of adoption” or in the custody of a…

  121. Hroncich v. Department of Health & Rehabilitative Services 667 So. 2d 804 · 5D95-761 · 5th DCA 1996

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1993 statutes), now § 39.811

    · cited by 6 in all courts

    …setting provided for under s. 39.052(3), in delinquency cases; s. 39.408(3), in dependency cases; s. 39.44(3), in child-in-need-of-services cases; or s. 39.469, in termination of parental rights cases. [4] HRS cites several cases which it argues are in conflict with this opinion. All are distinguishable. We first…

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

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1995 statutes), now § 39.811

    · cited by 9 in all courts

    …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 sever the…

  123. In Interest of T.M. 614 So. 2d 561 · 1D92-3596 · 1st DCA 1993

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1992 statutes), now § 39.811

    …1992). A timely notice of appeal was filed by the father on October 16. Subsequently, on November 9 a disposition order was entered in accordance with section 39.469. This order again reaffirmed the dependency adjudications and the termination of the father's parental rights. The children were permanently committed to the…

  124. F.M. v. Department of Health & Rehabilitative Services 614 So. 2d 561 · DCA92-3596 · District Court of Appeal 1993

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1992 statutes), now § 39.811

    · cited by 1 in all courts

    …1992). A timely notice of appeal was filed by the father on October 16. Subsequently, on November 9 a disposition order was entered in accordance with section 39.469. This order again reaffirmed the dependency adjudications and the termination of the father’s parental rights. The children were permanently committed to the…

  125. C.J. v. Rolle 608 So. 2d 117 · DCA92-1169 · District Court of Appeal 1992

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1991 statutes), now § 39.811

    · cited by 3 in all courts

    …setting provided for under s. 39.052(3), in delinquency cases; s. 39.-408(3), in dependency cases; s. 39.44(3), in child-in-need-of-services cases; or s. 39.469, in termination of parental rights cases. We reject CJ.’s suggestion that the use of the term “disposition” in sections 39.052(3) and .054 serves to define…

  126. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1990 statutes), now § 39.811

    · cited by 12 in all courts

    …have failed to substantially comply with the ____ plan/agreement ____ IT IS THEREFORE ORDERED that a dispositional hearing in accordance with section 39.469, Florida Statutes, is scheduled for ____ (date) ____ at ____ (time) ____ DONE AND ORDERED in chambers at ____ County, Florida, ____ (date) ____ …

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

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1987 statutes), now § 39.811

    · cited by 37 in all courts

    …authorized to be included in the guardian ad litem's reports and social services studies, at judicial review hearings and disposition hearings. §§ 39.453 and 39.469, Fla. Stat. (1987). However, the hearing we are now reviewing was neither a judicial review *698 hearing [21] nor a disposition hearing, but an…

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

    This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1987 statutes), now § 39.811

    · cited by 5 in all courts

    …authorized to be included in the guardian ad litem's reports and social services studies, at judicial review hearings and disposition hearings. §§ 39.453 and 39.469, Fla. Stat. (1987). However, the hearing we are now reviewing was neither a judicial re *698 view hearing 21 nor a disposition hearing, but an adjudicatory…

  129. In re Amendments to the Florida Rules of Judicial Administration 24 So. 3d 47 · SC08-1724 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 39.811 14 times: (2), (5), (6), (7)(a), (7)(b), (8), and the section generally

    …factors including........................., the court finds......................... *57 COMMENT: Add items 7, 8, and 9 as applicable. 7. Under section 39.811(6)(.....), Florida Statutes, the court terminates the parental rights of only.....(parent whose rights are being terminated)..... as to the minor child(ren),…

  130. In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017

    Rule amendment This opinion cites § 39.811 13 times: (2), (5), (6), (7)(a), (7)(b), (8), and the section generally

    …relevant factors including .........., the court finds ........... COMMENT: Add items 7, 8, and 9 as applicable. 7. Under section 39.811(6)( .......... ), Florida Statutes, the court terminates the parental rights of only .......... (parent whose rights are being terminated) .......... as to the…

  131. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

    Rule amendment This opinion cites § 39.811 8 times: (2), (5), (6), (7)(a), (7)(b), (8)

    …ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019). -2- Committee’s proposals and the relevant legislation, we amend the Florida…

  132. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

    Rule amendment This opinion cites § 39.811 7 times: (2), (5), (6), (7)(a), (7)(b), (8)

    · cited by 3 in all courts

    …other relevant factors including ...................., the court finds .................... COMMENT: Add items 7, 8, and 9 as applicable. 7. Under section 39.811(6)(.....), Florida Statutes, the court terminates the parental rights of only .....(parent whose rights are being terminated)..... as to the minor child(ren),…

  133. 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 § 39.811 2 times: (8), and the section generallyCited as § 39.469 (1997 statutes), now § 39.811

    · cited by 1 in all courts

    …establish the need -for-termination of parental rights-in that — ...’. IT-IS THEREFORE ORDERED feat a dispositional hearing in accordance with section-39.469, FloridarHtatutes-, is seheduled-fer . (dato).at-...- ■■■ .-(time). DONE AND ORDERED at ., . , . . ..Gounty,— Florida,(date)-., Circuit Judge FORM…

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

    Rule amendment This opinion cites § 39.811 1 time: (2)

    · cited by 1 in all courts

    …of Service, of rule 8.505 to remove the reference to commitment of a child to a licensed child placing agency. This amendment conforms the rule to sections 39.811(2) and 39.812(1), Florida Statutes (2004). We amend subdivision (a)(3) of rule 8.510, Advisory Hearing and Pretrial Status Conferences, to specify that the…

  135. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites § 39.811 1 time, the section generallyCited as § 39.469 (1991 statutes), now § 39.811

    · cited by 8 in all courts

    …The need for termination of parental rights has been established in that _ IT IS THEREFORE ORDERED that a dispositional hearing in accordance with section 39.469, Florida Statutes, is scheduled for ...(date)... at ...(time)_ DONE AND ORDERED in chambers at ., . County, Florida, .. .(date)_ Circuit Judge Committee…

4 admin code rules cite § 39.811

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

  1. Rule 65C-16.003 Case Reviews. Implements
  2. Rule 65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants. Implements
  3. Rule 65C-16.007 Abuse Hotline and Registry and Criminal Records Checks. Implements
  4. Rule 65C-16.020 Communication or Contact. (1)(b)

0 CFOPs cite § 39.811

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

No CFOP cites § 39.811.

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

(1) If the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence, the court shall:

(a) If grounds for dependency have been established, adjudicate or readjudicate the child dependent and:

1. Enter an order placing or continuing the child in out-of-home care under a case plan; or

2. Enter an order returning the child to the parent or parents. The court shall retain jurisdiction over a child returned to the parent or parents for a period of 6 months, but, at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination as to whether its jurisdiction shall continue or be terminated.

(b) If grounds for dependency have not been established, dismiss the petition.

(2) If the child is in the custody of the department and the court finds that the grounds for termination of parental rights have been established by clear and convincing evidence, the court shall, by order, place the child in the custody of the department for the purpose of adoption.

(3) If the child is in the custody of one parent and the court finds that the grounds for termination of parental rights have been established for the remaining parent by clear and convincing evidence, the court shall enter an order terminating the rights of the parent for whom the grounds have been established and placing the child in the custody of the remaining parent, granting that parent sole parental responsibility for the child.

(4) If the child is neither in the custody of the department nor in the custody of a parent and the court finds that the grounds for termination of parental rights have been established for either or both parents, the court shall enter an order terminating parental rights for the parent or parents for whom the grounds for termination have been established and placing the child with the department or an appropriate legal custodian. If the parental rights of both parents have been terminated, or if the parental rights of only one parent have been terminated and the court makes specific findings based on evidence presented that placement with the remaining parent is likely to be harmful to the child, the court may order that the child be placed with a legal custodian other than the department after hearing evidence of the suitability of the intended placement. Suitability of the intended placement includes the fitness and capabilities of the proposed legal custodian to function as the primary caregiver for a particular child; and the compatibility of the child with the home in which the child is intended to be placed. If the court orders that a child be placed with a legal custodian under this subsection, the court shall appoint a legal custodian as the guardian for the child as provided in s. 744.3021 or s. 39.621. The court may modify the order placing the child in the custody of the legal custodian and revoke the guardianship established under s. 744.3021 or another relationship if the court subsequently finds the placement to be no longer in the best interest of the child.

(5) If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made. An order of termination of parental rights, whether based on parental consent or after notice served as prescribed in this part, permanently deprives the parents of any right to the child.

(6) The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances:

(a) If the child has only one surviving parent;

(b) If the identity of a prospective parent has been established as unknown after sworn testimony;

(c) If the parent whose rights are being terminated became a parent through a single-parent adoption;

(d) If the protection of the child demands termination of the rights of a single parent; or

(e) If the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1)(c), (d), (f), (g), (h), (i), (j), (k), (l), (m), or (n).

(7)(a) The termination of parental rights does not affect the rights of grandparents unless the court finds that continued visitation is not in the best interests of the child or that such visitation would interfere with the permanency goals for the child.

(b) If the court terminates parental rights, it may, as appropriate, order that the parents, siblings, or relatives of the parent whose rights are terminated be allowed to maintain some communication or contact with the child pending adoption if the best interests of the child support this continued communication or contact, except as provided in paragraph (a). If the court orders such continued communication or contact, which may include, but is not limited to, visits, letters, and cards or telephone calls, the nature and frequency of the communication or contact must be set forth in written order and may be reviewed upon motion of any party, or, for purposes of this subsection, an identified prospective adoptive parent. If a child is placed for adoption, the nature and frequency of the communication or contact must be reviewed by the court at the time the child is placed for adoption.

(8) If the court terminates parental rights, it shall, in its order of disposition, provide for a hearing, to be scheduled no later than 30 days after the date of disposition, in which the department shall provide to the court an amended case plan that identifies the permanency goal for the child. Reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child. Thereafter, until the adoption of the child is finalized or the child reaches the age of 18 years, whichever occurs first, the court shall hold hearings at 6-month intervals to review the progress being made toward permanency for the child.

(9) After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until the child is adopted. The court shall review the status of the child’s placement and the progress being made toward permanent adoptive placement. As part of this continuing jurisdiction, for good cause shown by the guardian ad litem for the child, the court may review the appropriateness of the adoptive placement of the child.

History. s. 9, ch. 87-289; s. 34, ch. 88-337; s. 21, ch. 90-306; s. 73, ch. 91-45; s. 39, ch. 94-164; s. 2, ch. 97-226; s. 1, ch. 98-50; s. 93, ch. 98-403; s. 48, ch. 99-193; s. 37, ch. 2000-139; s. 4, ch. 2001-3; s. 27, ch. 2006-86; s. 28, ch. 2008-245; s. 2, ch. 2013-132; s. 24, ch. 2017-151; s. 12, ch. 2019-128.