Dependency Law Finder

1. Kingsley v. Kingsley 623 So. 2d 780 · 5D92-2430 · 5th DCA 1993

   This opinion cites § 39.815 7 times, a subsectionAlso cites § 39.473(3), 39.473(1) under the 1992 statutes, too old to match to today's subsections.

   · cited by 64 in all courts

   …termination of parental rights, but the child shall continue in the custody of the agency under the order until the appeal is decided. Similarly, section 39.473(3), Florida Statutes (Supp. 1992), provides that a termination of parental rights order with placement of the child with a licensed *788 child-placing agency…

2. In re M.A.D. 812 So. 2d 509 · 2D01-5312 · 2nd DCA 2002

   Other This opinion cites § 39.815 4 times: (3)

   Other (stay pending appeal): DCF appeal of a denied termination does not automatically stay the children's return to the mother; trial court stay quashed.

   …of parental rights has on the placement of the children who are the subject of the order. Florida Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that an appeal of a termination order does not operate as a stay unless the order directs that a child be placed for…

3. In re P.G. 944 So. 2d 443 · 2D06-1264 · 2nd DCA 2006

   Other This opinion cites § 39.815 3 times: (1)

   · cited by 1 in all courts

   Order to show cause against two attorneys for not notifying the court of appellate counsel's appointment was discharged without sanctions, with guidance.

   …give an appeal from an order terminating parental rights priority in docketing and to render a decision of *447 the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate Procedure 9.146(g) requires the appellate courts to expedite appeals in both juvenile dependency and TPR cases.…

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

   This opinion cites § 39.815 3 times, a subsectionCited as § 39.473 (1991 statutes), now § 39.815Also cites § 39.473(1), 39.473(3) under the 1995 statutes, too old to match to today's subsections.

   · cited by 9 in all courts

   …accent on expedited process has become apparent in amendments to the statutory framework. For example, the 1990 legislature added a second sentence to section 39.473(1), stating: "The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on…

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

   Other This opinion cites § 39.815 2 times: (1)

   · cited by 26 in all courts

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

   …which to raise a claim of ineffective assistance of counsel in a termination proceeding”). - 20 - Subsection 39.815(1), Florida Statutes (2007), already requires that the district courts “shall give an appeal from an order terminating parental rights priority in docketing”…

6. N.S.H. v. Department of Children & Family Services 843 So. 2d 898 · SC02-261 · Florida Supreme Court 2003

   Other This opinion cites § 39.815 2 times: (1)

   · cited by 125 in all courts

   Certified question answered: Anders does not apply to termination appeals; counsel may withdraw on a good-faith no-merit certification and the parent may file a brief.

   …Florida statutory law and procedural rules safeguard against any excessive delay caused by Anders -type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district courts of appeal give "an appeal from an order terminating parental rights priority in docketing" and requires…

7. In Interest of J.R.G. 624 So. 2d 273 · 2D92-02703 · 2nd DCA 1993

   This opinion cites § 39.815 2 times, a subsectionAlso cites § 39.473(3), 39.473(1) under the 1991 statutes, too old to match to today's subsections.

   · cited by 5 in all courts

   …an order terminating parental rights could create confusion in the future. Moreover, we are very disturbed by the failure of the trial court to obey section 39.473(3), Florida Statutes (1991). That statute specifies that an appeal of an order terminating parental rights suspends any provision in the order placing the…

8. Dept. of Hlt. v. Zeigler 587 So. 2d 602 · 5D90-1351 · 5th DCA 1991

   This opinion cites § 39.815 2 times, a subsectionAlso cites § 39.473(3) under the 1989 statutes, too old to match to today's subsections.

   · cited by 1 in all courts

   …for the juvenile judge to do but to return the child to its mother. [6] When the successor juvenile judge queried HRS about the applicability of section 39.473(3), HRS took the position that Florida Rule of Juvenile Procedure 8.840(a) precluded the juvenile court from returning a child to its parents during the pendency…

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

   Reversed & remanded This opinion cites § 39.815 1 time, the section generally

   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.

   …Fla. Stat. (2025) (“The prospective adoptive parents may not file a petition for adoption until the judgment terminating parental rights becomes final.”); § 39.815, Fla. Stat. (2025) (“However, a termination of parental rights order with placement of the child with a licensed child- placing agency or the department for…

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

    Reversed & remanded This opinion cites § 39.815 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.

    …(requiring trial court to “appoint a guardian ad litem to represent the best interest of the child in any termination of parental rights proceedings”); § 39.815, Fla. Stat. (providing that DCF, among others, may take an appeal in a chapter 39 TPR proceeding, requiring that an attorney for DCF be notified of any…

11. SM v. Department of Children & Families 33 So. 3d 837 · 4D10-838 · 4th DCA 2010

    This opinion cites § 39.815 1 time: (1)

    …hereby holds that the maternal grandmother in the present case is not a party, and thus, has no standing to bring the instant appeal. §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). E.g., In re K.M., 978 So.2d 211 (Fla. 2d DCA 2008). The grandmother’s reliance on In re M.V.B., 19 So.3d…

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

    Dismissed This opinion cites § 39.815 1 time: (1)

    · 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.

    …the department, the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child"). Section 39.815(1), Florida Statutes (2007), limits appeals after the termination of parental rights to "[a]ny child, any parent or guardian ad litem of any child, any other…

13. C.M. v. Department of Children & Families 981 So. 2d 1272 · 1D07-6508 · 1st DCA 2008

    This opinion cites § 39.815 1 time: (1)

    · cited by 5 in all courts

    …that the appellants were not parties to the proceedings below, see § 39.01(50), Florida Statutes (2007), they lack standing to bring this appeal, see § 39.815(1), Florida Statutes (2007), and we must grant the motion and dismiss the appeal. D.M. v. Dep't of Children & Families, 978 So.2d 211 (Fla. 2d DCA 2008). …

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

    Affirmed This opinion cites § 39.815 1 time, 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.

    …satisfied the requirements for termination under section 39.806(1), Florida Statutes (2006). We have jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination order in all respects, but we write to explain that Appellant's purported substantial compliance with her…

15. E.K. v. Department of Children & Families 948 So. 2d 54 · 3D05-599 · 3rd DCA 2007

    Reversed This opinion cites § 39.815 1 time, the section generally

    · cited by 5 in all courts

    Dependency reversed because DCF failed to prove the father failed to protect the newborn from the mother's drug use or abandoned her.

    …JJ. SHEPHERD, J. This is an appeal from a trial court order finding a minor child, E.K., dependent as to the father, E.J.K. We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of Appellate Procedure 9.146(b); K.S. v. Dep't of Children & Families, 760 So.2d 1068 (Fla. 5th DCA 2000), and…

16. In re R.B. 890 So. 2d 1288 · 2D04-4742 · 2nd DCA 2005

    Certiorari / writ denied This opinion cites § 39.815 1 time, the section generally

    · cited by 7 in all courts

    Appeal of a nonfinal pretrial order in a termination case is not authorized by rule 9.146; treated as certiorari and denied.

    …interlocutory appeals in the district courts. See Art. V, § 4(b)(1), Fla. Const. (1968). Nothing in the legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting to create a right of interlocutory appeal in violation of the Florida Constitution. Rule 9.146 was promulgated…

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

    Reversed & remanded This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1999 statutes), now § 39.815

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

    …with them after the termination because they were merely "participants." See § 39.01(37), (38), Fla. Stat. (1999); Fla. R. Juv. P. 8.210(b). See also § 39.473, Fla. Stat. (1999). A review of the record, however, reveals the trial court considered a motion to intervene filed by the couple, and then permitted them to…

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

    Reversed & remanded This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1999 statutes), now § 39.815

    · 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.

    …with them after the termination because they were merely "participants.” See § 39.01(37), (38), Fla. Stat. (1999); Fla. R. Juv. P. 8.210(b). See also § 39.473, Fla. Stat. (1999). A review of the record, however, reveals the trial court considered a motion to intervene filed by the couple, and then permitted them to…

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

    Reversed & remanded This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1995 statutes), now § 39.815

    · cited by 63 in all courts

    Termination reversed: twenty-four hours' notice of the advisory hearing and denial of counsel violated due process, though consent by default is facially constitutional.

    …of law. See § 39.467(5), Fla. Stat. (1995). Any party affected by the order of the court may appeal to the appropriate district court of appeal. See § 39.473, Fla. Stat. (1995). Further, the court is required to advise the parent, guardian, or custodian of the right to counsel at each stage of the proceeding. See …

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

    This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1991 statutes), now § 39.815

    · cited by 6 in all courts

    …Stat. (1991). Any party involved in the proceeding who is affected by the order *1287 of the court may appeal to the appropriate district court of appeal. § 39.473, Fla.Stat. (1991). Thus, Florida law does not take the termination of parental rights lightly and provides adequate due process safeguards. T.T. offers no…

21. In re K.W. 779 So. 2d 292 · 2D98-01399 · 2nd DCA 1998

    This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1997 statutes), now § 39.815

    · cited by 2 in all courts

    …who is a defendant in a parental termination proceeding is entitled to appointed counsel at both the trial and appellate level. See Fla. R. Juv.P. 8.515; §§ 39.473-74, Fla. Stat. (1997). On appeal, if appointed counsel is unable to identify in good faith an arguable issue, there has been some uncertainty about the steps…

22. T.R. v. Department of Children & Families 779 So. 2d 292 · DCA98-01399 · District Court of Appeal 1998

    This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1997 statutes), now § 39.815

    · cited by 1 in all courts

    …who is a defendant in a parental termination proceeding is entitled to appointed counsel at both the trial and appellate level. See Fla. R. Juv.P. 8.515; §§ 39.473-74, Fla. Stat. (1997). On appeal, if appointed counsel is unable to identify in good faith an arguable issue, there has been some uncertainty about the steps…

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

    This opinion cites § 39.815 1 time, a subsectionAlso cites § 39.473(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …of Appellate Procedure 9.146(g) requires courts to expedite appeals in parental termination proceedings. This rule fulfills the statutory mandate of section 39.473(1), Florida Statutes (1995). Even when appeals are not expedited, the appellant's attorney is required to file in the trial court any directions to the clerk and…

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

    This opinion cites § 39.815 1 time, a subsectionAlso cites § 39.473(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …of Appellate Procedure 9.146(g) requires courts to expedite appeals in parental termination proceedings. This rule fulfills the statutory mandate of section 39.473(1), Florida Statutes (1995). Even when appeals are not expedited, the appellant’s attorney is required to file in the trial court any directions to the clerk and…

25. S.A.T. v. Department of Children & Families 702 So. 2d 546 · DCA97-00394 · District Court of Appeal 1997

    This opinion cites § 39.815 1 time, a subsectionAlso cites § 39.473(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …of the name and telephone number of that court reporter. CONCLUSIONS Expedited appeals are mandated in parental termination cases pursuant to section 39.473(1), Florida Statutes (1995), Florida Rule of Appellate Procedure 9.146(g), and In Interest of C.G., 609 So.2d 631, 632 (Fla. 2d DCA 1992). Ms. Turner’s…

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

    This opinion cites § 39.815 1 time, a subsectionAlso cites § 39.473(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …findings and conclusions, expedited appellate review of the termination decision can occur at this juncture consistent with the legislative intent of section 39.473(1). In Moore , a similar question arose concerning the appealability of the adjudicatory order terminating parental rights. Moore, 664 So.2d at 1139 …

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

    This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1991 statutes), now § 39.815

    · cited by 31 in all courts

    …Fla.Stat. (1991). Any party involved in the proceeding who is affected by the order of the court may appeal to the appropriate district court of appeal. § 39.473, Fla.Stat. (1991). Thus, Florida law does not take the termination of parental rights lightly and provides adequate due process safeguards. The dissent…

28. In Interest of C.G. 609 So. 2d 631 · 2D92-00700 · 2nd DCA 1992

    This opinion cites § 39.815 1 time, the section generallyCited as § 39.473 (1991 statutes), now § 39.815

    · cited by 4 in all courts

    …to explain why a record was not available by mid-May. Even before the legislature mandated expedited appeals in parental termination cases, see section 39.473, Florida Statutes (1991), it was the policy of this court to expedite such appeals. In this case, the lives of two young children remain in limbo because one…

29. Department of Health & Rehabilitative Services v. Zeigler 587 So. 2d 602 · DCA90-1351 · District Court of Appeal 1991

    This opinion cites § 39.815 1 time, a subsectionAlso cites § 39.473(3) under the 1989 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …court should enter an order either placing or continuing the child in foster care or enter an order returning the child to the natural parent. . Section 39.473(3), Florida Statutes, and Rule 8.840(a) prohibit HRS (or other child placing agencies) from placing the child for adoption while the natural parents are…

30. 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 § 39.815 4 times, the section generally

    … Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of…

31. 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 § 39.815 4 times, the section generally

    …in .....(city and county)....., Florida. ________________________ Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of…

32. 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 § 39.815 2 times, the section generally

    …county)....., Florida. Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of…

33. 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 § 39.815 2 times, the section generally

    · cited by 1 in all courts

    …at. (time). on . (date). in . (location). DONE AND ORDERED on . (date). , in . (city and county) ., Florida. *356 Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of…

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

    Rule amendment This opinion cites § 39.815 1 time, the section generally

    · cited by 3 in all courts

    …and county)....., Florida. _____________________ Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of…

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