Dependency Law Finder

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

   Affirmed This opinion cites § 39.813 2 times, 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.

   …equal protection grounds state law permitting unwed mother but not unwed father to block adoption of their child by withholding consent). [2] See section 39.813, Florida Statutes (2003), which provides: 39.813 Continuing jurisdiction. — The court which terminates the parental rights of a child who is the subject of…

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

   Reversed & remanded This opinion cites § 39.813 2 times, the section generally

   · 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.

   …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 adoption…

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

   Reversed & remanded This opinion cites § 39.813 1 time, the section generally

   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.

   …this a case where the dependency court already terminated parental rights of the child and thus had continuing exclusive jurisdiction over the adoption. See § 39.813 ("The court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain exclusive…

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

   Reversed & remanded This opinion cites § 39.813 1 time, the section generally

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

   …termination of parental rights). In a chapter 39 TPR proceeding, then, adoption is a separate, post-disposition option, ancillary to the TPR itself. See § 39.813, Fla. Stat. (providing that the trial court that terminates parental rights in “proceedings pursuant to [chapter 39] shall retain exclusive jurisdiction in…

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

   Dismissed This opinion cites § 39.813 1 time, the section generally

   · 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.

   …39. Moreover, section 39.013(1) clearly states that “all procedures” in chapter 39 are governed by the Florida Rules of Juvenile Procedure. Section 39.813 provides that “[t]he court which terminates the parental rights of a child who is the subject of termination proceedings . . . shall retain exclusive…

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

   Certiorari / writ granted This opinion cites § 39.813 1 time, the section generally

   · 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.

   …any order appropriate to a child’s welfare.’”” B.B. v. Dep’t of Children & Families, 854 So.2d 822, 825 (Fla. 1st DCA 2003) (citing sections 39.812(4) and 39.813 and quoting Henry & Rilla White Found., Inc. v. Migdal, 720 So.2d 568 (Fla. 4th DCA 1998)). “[F]or both the department and the courts, the paramount…

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

   Reversed This opinion cites § 39.813 1 time, the section generally

   · 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.

   …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 section 39.813 provides that "[t]he court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain…

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

   Certiorari / writ denied This opinion cites § 39.813 1 time, the section generally

   · 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.

   …its review powers in analyzing the appropriateness of a DCF proposed adoptive placement. See § 39.812(4), Fla. Stat. (2001). See also, §§ 39.013(2), 39.812, 39.813, Fla. Stat. (2001). This is evidenced by the plain language of Section 39.812(4), which states that the court "shall retain jurisdiction over any child…

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