Dependency Law Finder

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

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Postdisposition relief; petition for adoption.§ 39.812

Part X · Termination of Parental Rights · 2026 Florida Statutes
Also cited as § 39.47, its former number: those opinions are included (13 as § 39.47).
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".

42 opinions cite § 39.812

  1. Department of Children & Families v. J.H. 6D2025-0304-2 · 6th DCA 2025

    Reversed This opinion cites § 39.812 24 times: (4), (4)(b), (4)(b)2., (4)(b)3., (4)(b)4., (4)(b)6., and the section generallyAlso cites § 39.47(1), 39.47(4) under the 1993 statutes, too old to match to today's subsections.

    Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.

    …over children placed in DCF’s custody pending adoption. Previous statutory versions had placed contested adoption decisions in DCF’s hands. See § 39.47(1), (4), Fla. Stat. (1993) (stating DCF’s consent to adoption “alone shall in all cases be sufficient” and that trial court’s jurisdiction “does not include the…

  2. Department of Children & Families v. J.H. 6D2025-0304 · 6th DCA 2025

    Reversed This opinion cites § 39.812 24 times: (4), (4)(b), (4)(b)2., (4)(b)3., (4)(b)4., (4)(b)6., and the section generallyAlso cites § 39.47(1), 39.47(4) under the 1993 statutes, too old to match to today's subsections.

    Order letting denied applicants adopt reversed because the trial court exceeded its limited review of DCF's adoption decision and punished earlier DCF errors.

    …over children placed in DCF’s custody pending adoption. Previous statutory versions had placed contested adoption decisions in DCF’s hands. See § 39.47(1), (4), Fla. Stat. (1993) (stating DCF’s consent to adoption “alone shall in all cases be sufficient” and that trial court’s jurisdiction “does not include the…

  3. Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002

    Certiorari / writ denied This opinion cites § 39.812 13 times: (4), and the section generallyCited as § 39.47 (2001 statutes), now § 39.812

    · cited by 8 in all courts

    DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.

    …The present version of the statute is, in pertinent part, identical to the 1994 version. A comparison of the 1993 and 1994 statutes follows: Fla. Stat. § 39.47 (4)(1993) Fla. Stat. § 39.453 (1)(c)(1994) The Court shall retain jurisdiction over any The Court shall retain…

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

    Reversed & remanded This opinion cites § 39.812 10 times: (6), and the section generallyCited as § 39.812(5) (2005 statutes), now § 39.812(6)

    · 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.

    …Stat. (2003). On June 7, 2004, the children were committed by court order to the Department's permanent custody for purposes of adoption. See §§ 39.622 & 39.812, Fla. Stat. (2004). In mid-2004, the Georgia Department voiced "many concerns" about the children's safety and welfare, supported by specific written…

  5. B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004

    Reversed This opinion cites § 39.812 10 times: (1), (4), (6), and the section generallyCited as § 39.812(5) (2003 statutes), now § 39.812(6)

    · cited by 56 in all courts

    Supreme Court quashed the district court: a trial court may finalize a relative's adoption without DCF consent when DCF unreasonably withholds it.

    …573 (Fla. 4th DCA 1998)). The courts' continuing jurisdiction is supported by the various statutory provisions of chapters 39 and 63. For example, section 39.812(4), Florida Statutes, states that "[t]he court shall retain jurisdiction over any child placed in the custody of the department until the child is adopted," and…

  6. T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022

    Reversed This opinion cites § 39.812 9 times: (5), (6), and the section generallyCited as § 39.812(5) (2021 statutes), now § 39.812(6); § 39.812(4) (2021 statutes), now § 39.812(5)

    Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.

    …of section 63.087, as that section dealt with the termination of parental rights pending adoption, which was not the case here. The court found that section 39.812(5) applied. The court stated it was aware a hearing was set for June 8, 2021 on the petitioner’s motion as to whether DCF unreasonably withheld its consent to…

  7. I.B. v. Department of Children & Families 876 So. 2d 581 · 5D03-2480 · 5th DCA 2004

    Reversed & remanded This opinion cites § 39.812 9 times: (4), (6), and the section generallyCited as § 39.812(5) (2003 statutes), now § 39.812(6)

    · cited by 18 in all courts

    Foster parents had standing to be heard, and the court must hold a best-interests hearing before moving the child to DCF-selected out-of-state relatives.

    …So.2d 1000 (Fla. 5th DCA 2003). Turning to the substantive issues, the foster parents contend the trial court erred in failing to determine that section 39.812 is unconstitutional, both facially and as applied in this case. We are unable to find the foster parents presented this issue to the trial court. Thus they…

  8. C.H., Sr. v. in the Adoption of: N.K. 2D20-1990 · 2nd DCA 2021

    Affirmed This opinion cites § 39.812 8 times: (5), (6), and the section generallyCited as § 39.812(5) (2019 statutes), now § 39.812(6); § 39.812(4) (2019 statutes), now § 39.812(5)

    Dismissal of a grandfather's adoption petition affirmed because it was premature and filed in the wrong division, though he had standing to refile.

    …parental 4 rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter." Section 39.812(5), Florida Statutes (2019), provides the following, in relevant part: The petition for adoption must be filed…

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

    Certiorari / writ granted This opinion cites § 39.812 7 times: (5), and the section generallyCited as § 39.812(4) (2015 statutes), now § 39.812(5)Also cites § 39.47(4), which couldn't be matched to today's text.

    · 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.

    … See C.S., 671 So.2d at 269 (explaining that “[w]hile the trial court may have authority in its continuing supervisory jurisdiction under subsection 39.47(4) [now section 39.812(4)] to compel HRS [the Department’s predecessor] to make a selection of an adoptive parent if HRS has not acted expeditiously or to…

  10. L.R. v. Department of Children & Families 822 So. 2d 527 · 4D01-3289 · 4th DCA 2002

    Reversed & remanded This opinion cites § 39.812 7 times: (1), (4), (6)Cited as § 39.812(5) (2001 statutes), now § 39.812(6)Also cites § 39.47(1994), 39.812(2001), which couldn't be matched to today's text.

    · cited by 9 in all courts

    Dismissal of the grandparents' adoption petition reversed: they did not waive statutory priority and have standing to be heard on adoptive placement; one dissent.

    …petition, the trial court lacks authority under chapter 39 to determine another adoptive placement is more appropriate. Id. at 266-67 (citing section 39.47(1994), which has been renumbered as section 39.812(2001)). Further compounding the tension between Chapter 39, Part IX and Chapter 63, recent amendments to *532 …

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

    This opinion cites § 39.812 7 times, a subsectionCited as § 39.47 (1993 statutes), now § 39.812Also cites § 39.47(4), 39.47(1), 39.47(3) under the 1993 statutes, too old to match to today's subsections.

    …the child shall live...." See § 39.41(5), Fla.Stat. [7] After a child is placed in the custody of HRS following the termination of parental rights, section 39.47, provides as follows: (1) A licensed child-placing agency or the department which is given custody of a child for subsequent adoption in accordance with…

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

    This opinion cites § 39.812 7 times, a subsectionCited as § 39.47 (1993 statutes), now § 39.812Also cites § 39.47(4), 39.47(1), 39.47(3) under the 1993 statutes, too old to match to today's subsections.

    · cited by 35 in all courts

    …the child shall live....” See § 39.41(5), Fla.Stat. 7 After a child is placed in the custody of HRS following the termination of parental rights, section 39.47, provides as follows: (1) A licensed child-placing agency or the department which is given custody of a child for subsequent adoption in accordance with…

  13. S.C.T.A. v. Department of Children & Families 3D2026-0791 · 3rd DCA 2026

    Other This opinion cites § 39.812 6 times: (4), (4)(b), (4)(b)2., (4)(b)3., and the section generally

    Motions to dismiss denied; the grandmother's appeal of the denial of her adoption review is not moot and she may appeal despite the finalized adoption.

    …following month, the Department formally denied S.C.T.A.’s application. In August 2025, S.C.T.A. timely moved for review under section 39.812(4)(b)2., Florida Statutes (2025), in the circuit court, alleging that the Department deviated from its own policies by applying an obsolete version of chapter 65C…

  14. B.S. v. Department of Children & Families 246 So. 3d 479 · 1D17-2515 · 1st DCA 2018

    Dismissed This opinion cites § 39.812 6 times: (6), and the section generallyCited as § 39.812(5) (2017 statutes), now § 39.812(6)

    · cited by 3 in all courts

    Grandmother's appeal from dismissal of her post-TPR adoption petition dismissed as untimely; juvenile rules apply, so her rehearing motion did not toll the appeal deadline.

    …available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 and this chapter” (emphasis added). Chapter 39 sets out requirements for dependency proceedings, which again, are governed by the Rules of Juvenile Procedure.…

  15. R.H. v. Department of Children & Families 988 So. 2d 673 · 4D08-286 · 4th DCA 2008

    Affirmed This opinion cites § 39.812 5 times: (1), (4), (6)Cited as § 39.812(5) (2001 statutes), now § 39.812(6)

    · cited by 3 in all courts

    Approval of DCF's chosen adoptive home affirmed; court reviews only appropriateness of DCF's selection, not competing petitions; relatives' petition to be dismissed.

    …which family is appropriate for adoption placement, but allows the trial court to review the appropriateness of that selection.” Id. at 986 (citing § 39.812(4), Fla. Stat. (2001)). We concluded that a trial court cannot interfere with DCF’s decision to select an adoptive family where the “selection was appropriate,…

  16. Department of Children & Families v. Guardian ad Litem Program 855 So. 2d 688 · 1D03-0607 · 1st DCA 2003

    Affirmed This opinion cites § 39.812 5 times: (4)

    · cited by 1 in all courts

    Affirmed order disapproving DCF's prospective adoptive placement; the court may review the placement's appropriateness and best interests under s. 39.812(4), and evidence supported its findings.

    …trial court exceeded its jurisdiction by conducting a broader review of the appropriateness of the placement of the children than is permitted under section 39.812(4), Florida Statutes (2002). We disagree and affirm. *689 DCF’s argument is premised, in large part, upon the dissent in Department of Children & Family…

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

    This opinion cites § 39.812 4 times, the section generallyCited as § 39.47 (1995 statutes), now § 39.812

    · cited by 9 in all courts

    …view. The contention that disposition orders constitute a final judgment is also consistent with the ambiguous post-disposition statutory framework. Section 39.47, Florida Statutes (1995), contemplates the effect of final judgment both on the parent's right to notification of subsequent adoption proceedings and the…

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

    Affirmed This opinion cites § 39.812 3 times: (4), 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.

    …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 permanent…

  19. Department of Children & Family Services v. B.Y. 863 So. 2d 418 · 4D03-715 · 4th DCA 2003

    Reversed & remanded This opinion cites § 39.812 3 times: (1), (6)Cited as § 39.812(5) (2002 statutes), now § 39.812(6)

    · cited by 3 in all courts

    Adoption by the grandmother reversed because the trial court could not order DCF to consent or waive its final home study requirement.

    …children, and its provisions are to be liberally construed based on Florida Statutes section 39.001(9). The provision at issue in the present case is section 39.812(1): If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department many place the child with an agency…

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

    Reversed & remanded This opinion cites § 39.812 2 times: (5)Cited as § 39.812(4) (2020 statutes), now § 39.812(5)

    Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.

    …a certain age.4 See S.C.W., 912 So. 2d at 4 This is not a case where the dependency court had continuing jurisdiction over the child under section 39.812(4) after placing the child in the department's custody for subsequent adoption. See § 39.812(4) ("The court shall retain jurisdiction over any child placed in…

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

    Reversed & remanded This opinion cites § 39.812 2 times, the section generally

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

    …throughout this opinion are to Florida Statutes (2017). 2 of a chapter 39 TPR proceeding “shall be governed by s. 39.812 and this chapter”; and exempting “[a]doption proceedings initiated under chapter 39” from certain provisions of chapter 63). Each has its own purpose and…

  22. D.R. v. Department of Children & Family Services 963 So. 2d 746 · 3D06-975 · 3rd DCA 2007

    This opinion cites § 39.812 2 times: (5), and the section generallyCited as § 39.812(4) (2005 statutes), now § 39.812(5)

    …denying her application for adoption of the child and instead permanently placing J.B. with his long-time foster caregivers pursuant to sections 39.621, 39.812, Florida Statutes (2005). After a careful review of the voluminous record and taking into account only those issues which may properly guide our decision as…

  23. Department of Children & Family Services v. I.B. 891 So. 2d 1168 · 1D04-0355 · 1st DCA 2005

    This opinion cites § 39.812 2 times: (5)Cited as § 39.812(4) (2004 statutes), now § 39.812(5)

    · cited by 10 in all courts

    …also formerly recognized by agency rule — to initiate a "formal challenge" to any DCFS decision authorizing the child's adoption by (an)other(s). Section 39.812(4), Florida Statutes (2004), provides: When a licensed foster parent or court-ordered custodian has applied to adopt a child who has resided with the foster…

  24. B.B. v. Department of Children & Families 854 So. 2d 822 · 1D02-2743/02-2938 · 1st DCA 2003

    Reversed & remanded This opinion cites § 39.812 2 times: (4)

    · cited by 7 in all courts

    Dismissal of the grandmother's adoption petition reversed; the court kept jurisdiction and DCF ignored the order giving her a chance to adopt. Intervention appeal moot.

    …court is not divested of jurisdiction after a TPR trial simply because subsequent adoption proceedings will be conducted pursuant to Chapter 63. See §§ 39.812(4) and 39.813, Fla. Stat. (2001). The dependency court never loses jurisdiction after a TPR trial, and continues to retain exclusive jurisdiction throughout the…

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

    Reversed & remanded This opinion cites § 39.812 2 times: (4), (6)Cited as § 39.812(5) (2001 statutes), now § 39.812(6)

    · 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.

    …position to determine which family is appropriate for adoption placement, but allows the trial court to review the appropriateness of that selection. See § 39.812(4), Fla. Stat. (2001). DCF performed a match staffing that thoroughly reviewed certain criteria as to which family would be more suitable for B.G.J. It is DCF’s…

  26. Department of Health & Rehabilitative Services v. Doe 643 So. 2d 1100 · DCA94-503 · District Court of Appeal 1994

    This opinion cites § 39.812 2 times, a subsectionAlso cites § 39.47(4) under the 1993 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …Madison was never in the system, but was privately placed by her natural mother. The trial court’s order also contradicts the plain language of section 39.47(4), Florida Statutes (1993), which restricts the court’s jurisdiction in adoptive placement. According to this provision, once HRS is given custody of a child…

  27. In Interest of L.W. 615 So. 2d 834 · 4D91-3461 · 4th DCA 1993

    This opinion cites § 39.812 2 times, a subsectionAlso cites § 39.47(4) under the 1991 statutes, too old to match to today's subsections.

    · cited by 10 in all courts

    …determined that it was bound by Nourse and had to vacate the order. In its stead, the trial court found the following: Pursuant to Florida Statute 39.47(4), the Court retains jurisdiction of this child for the purpose of reviewing progress being made toward permanent adoptive placement. Part V of Florida Statute…

  28. Stillaguamish Tribe of Indians v. D.D. 1D2026-0482 · 1st DCA 2026

    Reversed & remanded This opinion cites § 39.812 1 time: (6)

    Order denying the tribe's post-judgment motion to intervene reversed because ICWA lets a tribe intervene at any point before the termination judgment is final.

    …yet reached that point of finality—contrary to the Guardian ad Litem’s argument that the proceeding had already transitioned to some other stage. See § 39.812(6), Fla. Stat. (2025) (“The prospective adoptive parents may not file a petition for adoption until the judgment terminating parental rights becomes final.”);…

  29. Kaplan v. Department of Children & Families 4D2023-1394 · 4th DCA 2024

    Dismissed This opinion cites § 39.812 1 time: (1)

    Adoption entity's appeal from denial of its motion to intervene in a termination case was dismissed as moot after the termination judgment was affirmed.

    …consent cannot now be given effect, as the termination judgment placed the child in the custody of the Department of Children and Families for adoption. See § 39.812(1), Fla. Stat. (2023) (“If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child…

  30. Heart of Adoptions v. Department of Children & Families 2D22-2496 · 2nd DCA 2023

    Certiorari / writ denied This opinion cites § 39.812 1 time: (6)Cited as § 39.812(5) (2021 statutes), now § 39.812(6)

    Adoption agency's non-final appeal treated as certiorari and denied; court properly refused to move the child to its chosen prospective adoptive family.

    …behalf of the prospective adoptive parents who retained its services after resolution of the Department's petition for termination of parental rights. See § 39.812(5), Fla. Stat. (2021) (permitting prospective adoptive parents to file a petition for adoption after the judgment terminating parental rights becomes final). In…

  31. K.N. v. Department of Children & Families 4D22-2273-2 · 4th DCA 2023

    Other This opinion cites § 39.812 1 time: (6)Cited as § 39.812(5) (2021 statutes), now § 39.812(6)

    On rehearing the court certified conflict with the Third District on whether the civil intervention rule applies to dependency proceedings; other motions denied.

    …granted the GAL’s motion for a protective order because the grandmother was only a participant and not a party entitled to discovery, relying on section 39.812(5), Florida Statutes (2021). T.R.-B., 335 So. 3d at 733; see also § 39.01(58), Fla. Stat. (2021) (defining “party” as “the parent or parents of the child, the…

  32. W.C.W. v. Department of Children & Families 2D20-3666 · 2nd DCA 2021

    Affirmed This opinion cites § 39.812 1 time: (5)Cited as § 39.812(4) (2020 statutes), now § 39.812(5)

    Dismissal of the grandfather's post-termination adoption petition affirmed because he had not completed DCF's adoption application; court criticized children's long foster care stay.

    …for subsequent adoption until they are adopted, including to review their status "and the progress being made toward permanent adoptive placement." § 39.812(4); see Dep't of Child. & Fams., 186 So. 3d at 1092 (concluding "that the trial court departed from the essential requirements of law in limiting the…

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

    Certiorari / writ granted This opinion cites § 39.812 1 time: (6)Cited as § 39.812(5) (2012 statutes), now § 39.812(6)

    · 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.

    …him. In February 2013, the Roberts filed a separate action seeking to adopt B.E. The Roberts’ filing would appear to be contrary to the dictates of section 39.812(5), Florida Statutes (2012). That statute provides: “[t]he petition for adoption must be filed in the division of the circuit court which entered the judgment…

  34. R.H. v. Department of Children & Family Services 994 So. 2d 1153 · 3D08-623 · 3rd DCA 2008

    Dismissed This opinion cites § 39.812 1 time, the section generally

    · cited by 1 in all courts

    Grandparents' appeal of a placement change to an aunt and uncle dismissed because they were participants, not parties, and lacked standing.

    … Before GREEN, SHEPHERD, and LAGOA, JJ. SHEPHERD, J. Appellants, R.H. and B.H., seek to appeal an order modifying placement—pursuant to section 39.812, Florida Statutes (2007), and Florida Rule of Juvenile Procedure 8.345(a)—of G.O., their granddaughter, who thus far has resided with R.H. and B.H. with both…

  35. C.M. v. Department of Children & Families 953 So. 2d 547 · 1D05-5351 · 1st DCA 2007

    Affirmed in part, reversed in part This opinion cites § 39.812 1 time, the section generally

    · cited by 13 in all courts

    Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.

    …with due regard to any statutory priorities that may pertain. See, e.g., § 63.0425, Fla. Stat. (2006) ("Grandparent's right to adopt"). See generally §§ 39.812, 63.037-.235, Fla. Stat. (2006); Y.H. v. F.L.H., 784 So.2d 565, 573 (Fla. 1st DCA 2001) (discussing limitations on right of intervention *557 in…

  36. In re J.T. 947 So. 2d 1212 · 2D06-1523 · 2nd DCA 2007

    Certiorari / writ denied This opinion cites § 39.812 1 time: (6)Cited as § 39.812(5) (2006 statutes), now § 39.812(6)

    · cited by 5 in all courts

    Appeals from order letting an adoption agency intervene and transferring the case were treated as certiorari and denied; the dependency court keeps jurisdiction.

    …chapter 63, is the primary permanency option." § 39.621(6) (emphasis added). Ultimately, if the adoption does not proceed pursuant to chapter 63, section 39.812(5) specifically provides that the "petition for adoption must be filed in the division of the circuit court which entered the judgment terminating parental…

  37. Y.H. v. F.L.H. 784 So. 2d 565 · 1D00-1832 · 1st DCA 2001

    This opinion cites § 39.812 1 time, a subsectionAlso cites § 39.47(1) under the 1991 statutes, too old to match to today's subsections.

    · cited by 19 in all courts

    …to a minor have previously been terminated, then only the consent of the licensed child-placing agency handling the adoption is required. Id.; see also § 39.47(1), Fla.Stat. (1991); § 63.072(2), Fla.Stat. (1991). Thus, the Legislature has determined that one whose parental rights have been terminated does not *570 …

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

    This opinion cites § 39.812 1 time, a subsectionAlso cites § 39.47(1) under the 1991 statutes, too old to match to today's subsections.

    · cited by 31 in all courts

    …a minor have previously been terminated, then only the consent of the licensed child-placing agency handling the adoption is required. [1] Id.; see also § 39.47(1), Fla.Stat. (1991); § 63.072(2), Fla.Stat. (1991). Thus, the Legislature has determined that one whose parental rights have been terminated does not have a…

  39. Interest of F.M. 585 So. 2d 1198 · DCA90-3696 · District Court of Appeal 1991

    This opinion cites § 39.812 1 time, a subsectionAlso cites § 39.47(2) under the 1989 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …must reverse that portion of the final order allowing the mother to retain visitation rights. Apparently, the court’s attention was never directed to section 39.47(2), Florida Statutes (1989), which denies the natural parents any knowledge, at any time after the order terminating parental rights is entered, “of the…

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

    Rule amendment This opinion cites § 39.812 3 times: (1), (6)Cited as § 39.812(5) (2004 statutes), now § 39.812(6)

    · cited by 1 in all courts

    …amended to remove a provision that allows commitment of a child to a licensed child-placing agency for adoption. This amendment conforms the rule to section 39.812(1), Florida Statutes (2004). We amend subdivision (a)(2) of rule 8.500, Petition, to delete “a licensed child-placing agency” from the list of those who may…

  41. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites § 39.812 2 times: (6), and the section generallyCited as § 39.812(5) (2023 statutes), now § 39.812(6)

    …we make a minor modification to the Committee’s proposal by relettering the subdivisions. Last, we amend rule 8.535 in response to changes to section 39.812, Florida Statutes (2023), by chapter 2024-177, section 8, Laws of Florida. First, we delete the entirety of subdivision (d) (Withholding Consent to Adopt).…

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

    Rule amendment This opinion cites § 39.812 1 time: (6)Cited as § 39.812(5) (2005 statutes), now § 39.812(6)

    · cited by 3 in all courts

    …HEARINGS (a) — (c) [No Change] (d) Withholding Consent to Adopt. (1) When a petition for adoption and a favorable home study under section 39.812(5), Florida Statutes, have been filed and the department's consent has not been filed, the court shall conduct a hearing to determine if the department has…

4 admin code rules cite § 39.812

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-16.005 Evaluation of Applicants. (9)(d)
  4. Rule 65C-16.010 Adoption Placement – Post-Placement Services. Implements

1 CFOP cite § 39.812

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

  1. CFOP 170-12 Adoptions p. 30p. 32p. 35

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(1) If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent adoption. The department may thereafter become a party to any proceeding for the legal adoption of the child and appear in any court where the adoption proceeding is pending and consent to the adoption, and that consent alone shall in all cases be sufficient.

(2) In any subsequent adoption proceeding, the parents are not entitled to notice of the proceeding and are not entitled to knowledge at any time after the order terminating parental rights is entered of the whereabouts of the child or of the identity or location of any person having the custody of or having adopted the child, except as provided by order of the court pursuant to this chapter or chapter 63. In any habeas corpus or other proceeding involving the child brought by any parent of the child, an agent or contract provider of the department may not be compelled to divulge that information, but may be compelled to produce the child before a court of competent jurisdiction if the child is still subject to the guardianship of the department.

(3) The entry of the custody order to the department does not entitle the department to guardianship of the estate or property of the child, but the department shall be the guardian of the person of the child.

(4) The court shall retain jurisdiction over any child placed in the custody of the department until the child is adopted. After custody of a child for subsequent adoption has been given to the department, the court has jurisdiction for the purpose of reviewing the status of the child and the progress being made toward permanent adoptive placement. As part of this continuing jurisdiction, the court may:

(a) Review the appropriateness of the adoptive placement of the child if good cause is shown by the guardian ad litem for the child.

(b) Review the department’s denial of an application to adopt a child. The department’s decision to deny an application to adopt a child is only reviewable under this section and is not subject to chapter 120.

1. If the department denies an application to adopt a child, the department must file written notification of the denial with the court and provide copies to all parties within 10 business days after the department’s decision.

2. A denied applicant may file a motion to have the court review the department’s denial within 30 business days after the issuance of the department’s written notification of its decision to deny the application to adopt a child. The motion to review must allege that the department unreasonably denied the application to adopt and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.

3. A denied applicant only has standing under this chapter to file a motion to review the department’s denial and to present evidence in support of such motion. Such standing is terminated upon the entry of the court’s order.

4. The court shall hold a hearing within 30 business days after the denied applicant files the motion to review. The court may only consider whether the department’s denial of the application is consistent with its policies and if the department made such decision in an expeditious manner. The standard of review is whether the department’s denial of the application is an abuse of discretion.

5. If the department selected a different applicant to adopt the child, the selected applicant may participate in the hearing as a participant, as defined in s. 39.01, and may be granted leave by the court to be heard without the need to file a motion to intervene.

6. Within 15 business days after the conclusion of the hearing, the court must enter a written order denying the motion to review or finding that the department unreasonably denied the application to adopt and authorizing the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.

(5) When a licensed foster parent or court-ordered custodian has applied to adopt a child who has resided with the foster parent or custodian for at least 6 months and who has previously been permanently committed to the legal custody of the department and the department does not grant the application to adopt, the department may not, in the absence of a prior court order authorizing it to do so, remove the child from the foster home or custodian, except when:

(a) There is probable cause to believe that the child is at imminent risk of abuse or neglect;

(b) Thirty business days have expired following written notice to the foster parent or custodian of the denial of the application to adopt, within which period no formal challenge of the department’s decision has been filed;

(c) A motion to review the department’s denial of an application to adopt a child under paragraph (4)(b) has been denied; or

(d) The foster parent or custodian agrees to the child’s removal.

(6) The petition for adoption must be filed in the division of the circuit court which entered the judgment terminating parental rights, unless a motion for change of venue is granted pursuant to s. 47.122. A copy of the consent to adoption executed by the department must be attached to the petition, unless such consent is waived under s. 63.062(7). The petition must be accompanied by a statement, signed by the prospective adoptive parents, acknowledging receipt of all information required to be disclosed under s. 63.085 and a form provided by the department which details the social and medical history of the child and each parent and includes the social security number and date of birth for each parent, if such information is available or readily obtainable. The prospective adoptive parents may not file a petition for adoption until the judgment terminating parental rights becomes final. An adoption proceeding under this subsection is governed by chapter 63.

(7)(a) Once a child’s adoption is finalized, the community-based care lead agency must make a reasonable effort to contact the adoptive family by telephone 1 year after the date of finalization of the adoption as a postadoption service. For purposes of this subsection, the term “reasonable effort” means the exercise of reasonable diligence and care by the community-based care lead agency to make contact with the adoptive family. At a minimum, the agency must document all of the following:

1. The number of attempts made by the community-based care lead agency to contact the adoptive family and whether those attempts were successful.

2. The types of postadoption services that were requested by the adoptive family and whether those services were provided by the community-based care lead agency.

3. Any feedback received by the community-based care lead agency from the adoptive family relating to the quality or effectiveness of the services provided.

(b) The community-based care lead agency must report annually to the department on the outcomes achieved and recommendations for improvement under this subsection.

History. s. 9, ch. 87-289; s. 41, ch. 94-164; s. 14, ch. 95-228; s. 94, ch. 98-403; s. 5, ch. 2001-3; s. 1, ch. 2004-389; s. 1, ch. 2008-151; s. 4, ch. 2015-130; s. 8, ch. 2024-177.