Dependency Law Finder

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

   Reversed & remanded This opinion cites § 63.037 6 times, 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.

   … (Fla. 1st DCA 2005). The starting point in determining what procedures are to be followed under Florida law relating to post-termination adoptions is section 63.037, Florida Statutes (2005), which states: 63.037 Proceedings applicable to cases resulting from a termination of parental rights under chapter 39. A case in…

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

   Affirmed This opinion cites § 63.037 4 times, the section generally

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

   …have been violated by provisions of chapters 63 and 39 that constitute an absolute bar to his right to petition to adopt his grandchildren. Section 63.037, Florida Statutes (2019), provides that "[a] case in which a minor becomes available for adoption after the parental …

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

   Dismissed This opinion cites § 63.037 3 times, 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.

   …remains in foster care longer than 1 year.” § 39.001(1)(h), Fla. Stat. Adoptions are governed by Chapter 63 of the Florida Statutes. However, section 63.037, Florida Statutes, provides that “[a] case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a…

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

   Reversed This opinion cites § 63.037 1 time, the section generally

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

   …63, Florida’s adoption statute, and section 39.812, Florida Statutes (2021), relating to adoptions after parental rights have been terminated. Section 63.037, Florida Statutes (2021), exempts these adoptions after the parental rights of each parent have been terminated from certain provisions in chapter 63, but…

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

   Reversed & remanded This opinion cites § 63.037 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.

   …adoption pursuant to [chapter 63] and the other is through the strict procedures set forth in [chapter 39].”). The two types are separate and distinct. Cf. § 63.037, Fla. Stat. (providing that a case in which a minor has become available for adoption as the result 1 All references to the Florida Statutes throughout…

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 § 63.037 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.

   …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.” § 63.037, Fla. Stat. (2015). “If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been placed for subsequent…

7. 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 § 63.037 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.

   …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 adoption…

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

   Affirmed This opinion cites § 63.037 1 time, 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.

   …proceedings pursuant to this chapter shall retain exclusive jurisdiction in all matters pertaining to the child's adoption pursuant to chapter 63. Section 63.037, Florida Statutes (2003), provides that adoptions where parental rights have been terminated are "governed by s. 39.812 and this chapter." [3] Although we…

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

   Reversed & remanded This opinion cites § 63.037 1 time, the section generally

   · 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.

   …until the judgment terminating parental rights becomes final. An adoption proceeding under this subsection is governed by chapter 63, as limited under s. 63.037. (emphasis added) Chapter 63 specifically provides: 63.022. Legislative intent (2) It is the intent of the Legislature that in every adoption, the best…

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