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Home » US Law » 2022 Florida Statutes » Title V - Judicial Branch » Chapter 39 - Proceedings Relating to Children » Part V - Petition, Arraignment, Adjudication, and Disposition (Ss. 39.501-39.510)

39.501 – Petition for dependency.

39.501 Petition for dependency.— (1) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true. (2) The purpose of a petition […]

39.502 – Notice, process, and service.

39.502 Notice, process, and service.— (1) Unless parental rights have been terminated, all parents must be notified of all proceedings or hearings involving the child. Notice in cases involving shelter hearings and hearings resulting from medical emergencies must be that most likely to result in actual notice to the parents. In all other dependency proceedings, notice must […]

39.503 – Identity or location of parent unknown; special procedures.

39.503 Identity or location of parent unknown; special procedures.— (1) If the identity or location of a parent is unknown and a petition for dependency or shelter is filed, the court shall conduct under oath the following inquiry of the parent or legal custodian who is available, or, if no parent or legal custodian is available, of […]

39.504 – Injunction; penalty.

39.504 Injunction; penalty.— (1) At any time after a protective investigation has been initiated pursuant to part III of this chapter, the court, upon the request of the department, a law enforcement officer, the state attorney, or other responsible person, or upon its own motion, may, if there is reasonable cause, issue an injunction to prevent any […]

39.505 – No answer required.

39.505 No answer required.—No answer to the petition or any other pleading need be filed by any child, parent, or legal custodian, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing […]

39.506 – Arraignment hearings.

39.506 Arraignment hearings.— (1) When a child has been sheltered by order of the court, an arraignment hearing must be held no later than 28 days after the shelter hearing, or within 7 days after the date of filing of the dependency petition if a demand for early filing has been made by any party, for the […]

39.507 – Adjudicatory hearings; orders of adjudication.

39.507 Adjudicatory hearings; orders of adjudication.— (1)(a) The adjudicatory hearing shall be held as soon as practicable after the petition for dependency is filed and in accordance with the Florida Rules of Juvenile Procedure, but no later than 30 days after the arraignment. (b) Adjudicatory hearings shall be conducted by the judge without a jury, applying the rules […]

39.5075 – Citizenship or residency status for immigrant children who are dependents.

39.5075 Citizenship or residency status for immigrant children who are dependents.— (1) As used in this section, the term: (a) “Eligible for long-term foster care” means that reunification with a child’s parent is not an appropriate option for permanency for the child. (b) “May be eligible for special immigrant juvenile status under federal law” means: 1. The child has been […]

39.5085 – Relative Caregiver Program.

39.5085 Relative Caregiver Program.— (1) It is the intent of the Legislature in enacting this section to: (a) Provide for the establishment of procedures and protocols that serve to advance the continued safety of children by acknowledging the valued resource uniquely available through grandparents, relatives of children, and specified nonrelatives of children pursuant to subparagraph (2)(a)3. (b) Recognize family […]

39.5086 – Kinship navigator programs.

39.5086 Kinship navigator programs.— (1) DEFINITIONS.—As used in this section, the term: (a) “Kinship care” means the full-time care of a child placed in out-of-home care by the court in the home of a relative or fictive kin. (b) “Kinship navigator program” means a program designed to ensure that kinship caregivers are provided with necessary resources for the preservation […]

39.509 – Grandparents rights.

39.509 Grandparents rights.—Notwithstanding any other provision of law, a maternal or paternal grandparent as well as a stepgrandparent is entitled to reasonable visitation with his or her grandchild who has been adjudicated a dependent child and taken from the physical custody of the parent unless the court finds that such visitation is not in the best […]

39.510 – Appeal.

39.510 Appeal.— (1) Any party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. Appointed counsel shall be compensated as provided in this chapter. (2) When the notice […]