Florida Statutes
Title V - Judicial Branch
Chapter 39 - Proceedings Relating to Children

39.0016 - Education of abused, neglected, and abandoned children; agency agreements; children having or suspected of having a disability. - (1) DEFINITIONS.—As used in this section, the term: (a) “Children...

39.01 - Definitions. - (1) “Abandoned” or “abandonment” means a situation in which the...

39.011 - Immunity from liability. - (1) In no case shall employees or agents of the...

39.012 - Rules for implementation. - History.—s. 2, ch. 87-289; s. 4, ch. 90-208; s. 12,...

39.0121 - Specific rulemaking authority. - (1) Background screening of department employees and applicants; criminal records...

39.013 - Procedures and jurisdiction; right to counsel. - (1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings,...

39.01304 - Early childhood court programs. - (1) A circuit court may create an early childhood court...

39.01305 - Appointment of an attorney for a dependent child with certain special needs. - (1)(a) The Legislature finds that: 1. All children in proceedings...

39.0131 - Permanent mailing address designation. - History.—s. 11, ch. 94-164; s. 25, ch. 98-403. Note.—Former s....

39.0132 - Oaths, records, and confidential information. - (1) The judge, clerks or deputy clerks, or authorized agents...

39.0133 - Court and witness fees. - History.—s. 20, ch. 78-414; s. 27, ch. 98-403. Note.—Former s....

39.0134 - Appointed counsel; compensation. - (1) If counsel is entitled to receive compensation for representation...

39.0135 - Operations and Maintenance Trust Fund. - History.—s. 87, ch. 86-220; s. 10, ch. 90-306; s. 16,...

39.0136 - Time limitations; continuances. - (1) The Legislature finds that time is of the essence...

39.0137 - Federal law; rulemaking authority. - (1) This chapter does not supersede the requirements of the...

39.01375 - Best interest determination for placement. - (1) The child’s age. (2) The physical, mental, and emotional...

39.0138 - Criminal history and other records checks; limit on placement of a child. - (1) The department shall conduct a records check through the...

39.0139 - Visitation or other contact; restrictions. - (1) SHORT TITLE.—This section may be cited as the “Keeping...

39.0141 - Missing children; report required. - History.—s. 4, ch. 2008-245.

39.0142 - Notifying law enforcement officers of parent or caregiver names. - (1) If a law enforcement officer has an interaction with...

39.0143 - Dually-involved children. - (1) Data on the number of children who are dually...

Part II - Reporting Child Abuse (Ss. 39.101-39.208)

39.101 - Central abuse hotline. - (1) ESTABLISHMENT AND OPERATION.— (a) The department shall operate and...

39.201 - Required reports of child abuse, abandonment, or neglect, sexual abuse of a child, and juvenile sexual abuse; required reports of death; reports involving a child who has exhibited inappropriate sexual behavior. - (1) MANDATORY REPORTING.— (a)1. A person is required to report...

39.2015 - Critical incident rapid response team; sexual abuse report investigations. - (1) As part of the department’s quality assurance program, the...

39.202 - Confidentiality of reports and records in cases of child abuse or neglect; exception. - (1) In order to protect the rights of the child...

39.2021 - Release of confidential information. - (1) Any person or organization, including the Department of Children...

39.2022 - Public disclosure of reported child deaths. - (1) It is the intent of the Legislature to provide...

39.203 - Immunity from liability in cases of child abuse, abandonment, or neglect. - (1)(a) Any person, official, or institution participating in good faith...

39.204 - Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect. - History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s....

39.205 - Penalties relating to reporting of child abuse, abandonment, or neglect. - (1) A person who knowingly and willfully fails to report...

39.206 - Administrative fines for false report of abuse, abandonment, or neglect of a child; civil damages. - (1) In addition to any other penalty authorized by this...

39.208 - Cross-reporting child abuse, abandonment, or neglect and animal cruelty. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature recognizes that...

Part III - Protective Investigations (Ss. 39.301-39.308)

39.301 - Initiation of protective investigations. - (1)(a) Upon receiving a report of known or suspected child...

39.302 - Protective investigations of institutional child abuse, abandonment, or neglect. - (1) The department shall conduct a child protective investigation of...

39.303 - Child Protection Teams and sexual abuse treatment programs; services; eligible cases. - (1) The Children’s Medical Services Program in the Department of...

39.3031 - Rules for implementation of s. 39.303. - History.—s. 16, ch. 98-137; s. 17, ch. 99-2; s. 43,...

39.3032 - Memorandum of agreement. - History.—s. 17, ch. 98-137; s. 15, ch. 2014-19.

39.3035 - Child advocacy centers; standards; state funding. - (1) Child advocacy centers are facilities that offer multidisciplinary services...

39.304 - Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child. - (1)(a) Any person required to investigate cases of suspected child...

39.306 - Child protective investigations; working agreements with local law enforcement. - History.—s. 44, ch. 98-403; s. 11, ch. 99-168.

39.3065 - Sheriffs of certain counties to provide child protective investigative services; procedures; funding. - (1) As described in this section, the department shall, by...

39.3068 - Reports of medical neglect. - (1) Upon receiving a report alleging medical neglect, the department...

39.307 - Reports of child-on-child sexual abuse. - (1) Upon receiving a report alleging juvenile sexual abuse or...

39.308 - Guidelines for onsite child protective investigation. - History.—s. 11, ch. 2003-127; s. 18, ch. 2014-19.

Part IV - Taking Children Into Custody and Shelter Hearings (Ss. 39.395-39.4092)

39.395 - Detaining a child; medical or hospital personnel. - History.—s. 56, ch. 98-403; s. 21, ch. 99-193; s. 19,...

39.401 - Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department. - (1) A child may only be taken into custody: (a)...

39.4015 - Family finding. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that...

39.402 - Placement in a shelter. - (1) Unless ordered by the court under this chapter, a...

39.4021 - Priority placement for out-of-home placements. - (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that it is...

39.4022 - Multidisciplinary teams; staffings; assessments; report. - (1) LEGISLATIVE INTENT.— (a) The Legislature finds that services for...

39.40225 - Contracts for development of model placement transition plans. - History.—s. 7, ch. 2021-169.

39.4023 - Placement and education transitions; transition plans. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that...

39.4024 - Placement of siblings; visitation; continuing contact. - (1) LEGISLATIVE FINDINGS.— (a) The Legislature finds that sibling relationships...

39.407 - Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody. - (1) When any child is removed from the home and...

39.4075 - Referral of a dependency case to mediation. - (1) At any stage in a dependency proceeding, any party...

39.4085 - Goals for dependent children; responsibilities; education. - (1) The Legislature finds that the design and delivery of...

39.4087 - Department goals and requirements relating to caregivers; dispute resolution. - (1) To provide the best care to children, the Legislature...

39.4091 - Participation in childhood activities. - (1) FINDINGS AND INTENT.— (a) The Legislature finds that every...

39.4092 - Multidisciplinary legal representation model program for parents of children in the dependency system. - (1) LEGISLATIVE FINDINGS.— (a) The Legislature finds that the use...

Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510)

39.501 - Petition for dependency. - (1) All proceedings seeking an adjudication that a child is...

39.502 - Notice, process, and service. - (1) Unless parental rights have been terminated, all parents must...

39.503 - Identity or location of parent unknown; special procedures. - (1) If the identity or location of a parent is...

39.504 - Injunction; penalty. - (1) At any time after a protective investigation has been...

39.505 - No answer required. - History.—s. 20, ch. 78-414; s. 229, ch. 95-147; s. 66,...

39.506 - Arraignment hearings. - (1) When a child has been sheltered by order of...

39.507 - Adjudicatory hearings; orders of adjudication. - (1)(a) The adjudicatory hearing shall be held as soon as...

39.5075 - Citizenship or residency status for immigrant children who are dependents. - (1) As used in this section, the term: (a) “Eligible...

39.5085 - Relative Caregiver Program. - (1) It is the intent of the Legislature in enacting...

39.5086 - Kinship navigator programs. - (1) DEFINITIONS.—As used in this section, the term: (a) “Kinship...

39.509 - Grandparents rights. - (1) Grandparent visitation may take place in the home of...

39.510 - Appeal. - (1) Any party to the proceeding who is affected by...

Part VI - Disposition; Postdisposition Change of Custody (Ss. 39.521-39.524)

39.521 - Disposition hearings; powers of disposition. - (1) A disposition hearing shall be conducted by the court,...

39.522 - Postdisposition change of custody. - (1) The court may change the temporary legal custody or...

39.523 - Placement in out-of-home care. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that...

39.524 - Safe-harbor placement. - (1) Except as provided in s. 39.407 or s. 985.801,...

Part VII - Case Plans (Ss. 39.6011-39.604)

39.6011 - Case plan development. - (1) The department shall prepare a draft of the case...

39.6012 - Case plan tasks; services. - (1) The services to be provided to the parent and...

39.6013 - Case plan amendments. - (1) After the case plan has been developed under s....

39.602 - Case planning when parents do not participate and the child is in out-of-home care. - (1) In the event the parents will not or cannot...

39.6021 - Case planning when parents are incarcerated or become incarcerated. - (1) In a case in which the parent is incarcerated,...

39.603 - Court approvals of case planning. - (1) All case plans and amendments to case plans must...

39.6035 - Transition plan. - (1) During the year after a child reaches 16 years...

39.604 - Rilya Wilson Act; short title; legislative intent; child care; early education; preschool. - (1) SHORT TITLE.—This section may be cited as the “Rilya...

Part VIII - Permanency (Ss. 39.621-39.6251)

39.621 - Permanency determination by the court. - (1) Time is of the essence for permanency of children...

39.6221 - Permanent guardianship of a dependent child. - (1) If a court determines that reunification or adoption is...

39.6225 - Guardianship Assistance Program. - (1) The department shall establish and operate the Guardianship Assistance...

39.6231 - Permanent placement with a fit and willing relative. - (1) If a court finds that reunification or adoption are...

39.6241 - Another planned permanent living arrangement. - (1) If a court finds that reunification is not in...

39.6251 - Continuing care for young adults. - (1) As used in this section, the term “child” means...

Part IX - Judicial Reviews (Ss. 39.701-39.704)

39.701 - Judicial review. - (1) GENERAL PROVISIONS.— (a) The court shall have continuing jurisdiction...

39.702 - Citizen review panels. - (1) Citizen review panels may be established in each judicial...

39.704 - Exemptions from judicial review. - (1) Minors who have been placed in adoptive homes by...

Part X - Termination of Parental Rights (Ss. 39.801-39.8155)

39.801 - Procedures and jurisdiction; notice; service of process. - (1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings,...

39.802 - Petition for termination of parental rights; filing; elements. - (1) All proceedings seeking an adjudication to terminate parental rights...

39.803 - Identity or location of parent unknown after filing of termination of parental rights petition; special procedures. - (1) If the identity or location of a parent is...

39.804 - Penalties for false statements of paternity. - History.—s. 34, ch. 94-164; s. 86, ch. 98-403; s. 34,...

39.805 - No answer required. - History.—s. 9, ch. 87-289; s. 242, ch. 95-147; s. 87,...

39.8055 - Requirement to file a petition to terminate parental rights; exceptions. - (1) The department shall file a petition to terminate parental...

39.806 - Grounds for termination of parental rights. - (1) Grounds for the termination of parental rights may be...

39.807 - Right to counsel; guardian ad litem. - (1)(a) At each stage of the proceeding under this part,...

39.808 - Advisory hearing; pretrial status conference. - (1) An advisory hearing on the petition to terminate parental...

39.809 - Adjudicatory hearing. - (1) In a hearing on a petition for termination of...

39.810 - Manifest best interests of the child. - (1) Any suitable permanent custody arrangement with a relative of...

39.811 - Powers of disposition; order of disposition. - (1) If the court finds that the grounds for termination...

39.812 - Postdisposition relief; petition for adoption. - (1) If the department is given custody of a child...

39.813 - Continuing jurisdiction. - History.—s. 95, ch. 98-403.

39.814 - Oaths, records, and confidential information. - (1) The judge, clerks or deputy clerks, and authorized agents...

39.815 - Appeal. - (1) Any child, any parent or guardian ad litem of...

39.8155 - Reinstatement of parental rights. - (1) After parental rights have been terminated in accordance with...

Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298)

39.820 - Definitions. - (1) “Guardian ad litem” as referred to in any civil...

39.821 - Qualifications of guardians ad litem. - (1) Because of the special trust or responsibility placed in...

39.822 - Appointment of guardian ad litem for abused, abandoned, or neglected child. - (1) A guardian ad litem shall be appointed by the...

39.823 - Guardian advocates for drug dependent newborns. - History.—s. 2, ch. 89-345; s. 104, ch. 98-403; s. 19,...

39.824 - Jurisdiction. - History.—s. 2, ch. 89-345; s. 105, ch. 98-403; s. 21,...

39.825 - Petition for appointment of a guardian advocate. - History.—s. 2, ch. 89-345; s. 72, ch. 97-103; s. 106,...

39.826 - Process and service. - (1) Personal appearance of a person in a hearing before...

39.827 - Hearing for appointment of a guardian advocate. - (1) When a petition for appointment of a guardian advocate...

39.828 - Grounds for appointment of a guardian advocate. - (1) The court shall appoint the person named in the...

39.829 - Powers and duties of guardian advocate. - History.—s. 2, ch. 89-345; s. 110, ch. 98-403. Note.—Former s....

39.8295 - Review and removal of guardian advocate. - (1) At the end of the initial 1-year appointment, the...

39.8296 - Statewide Guardian Ad Litem Office; legislative findings and intent; creation; appointment of executive director; duties of office. - (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that...

39.8297 - County funding for guardian ad litem employees. - (1) A county and the executive director of the Statewide...

39.8298 - Guardian Ad Litem direct-support organization. - (1) AUTHORITY.—The Statewide Guardian Ad Litem Office created under s....

Part XII - Domestic Violence (Ss. 39.901-39.908)

39.901 - Domestic violence centers; legislative findings; requirements. - (1) The Legislature recognizes that the perpetration of violence by...

39.902 - Definitions. - (1) “Domestic violence” has the meaning set forth in s....

39.903 - Duties and functions of the department with respect to domestic violence. - (1) Operate the domestic violence program and coordinate and administer...

39.904 - Report to the Legislature on the status of domestic violence cases. - (1) The incidence of domestic violence in this state. (2)...

39.905 - Domestic violence centers. - (1) Domestic violence centers certified under this part must: (a)...

39.9055 - Certified domestic violence centers; capital improvement grant program. - (1) A certified domestic violence center as defined in s....

39.9057 - Unlawful disclosure of certified domestic violence center location; penalties. - (1) Misdemeanor of the first degree, punishable as provided in...

39.906 - Referral to centers and notice of rights. - History.—s. 7, ch. 78-281; s. 6, ch. 79-402; s. 6,...

39.908 - Confidentiality of information received by department or domestic violence center. - (1) Information about clients received by the department or by...

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Florida Statutes Title V - Judicial Branch Chapter 39 - Proceedings Relating to Children

Florida Statutes
Title V - Judicial Branch
Chapter 39 - Proceedings Relating to Children