CopyCited 117 times | Published | Florida 1st District Court of Appeal
73-231, Section 2, Laws of Florida, which amends §
39.01(10), Florida Statutes, defines a "dependent child"
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
effect at the time of the alleged offense. See F.S.
39.01. 14. Page 216 provides an instruction on bookmaking
CopyCited 106 times | Published | Court of Appeals for the Eleventh Circuit | 54 U.S.L.W. 2297
attendance, is habitually truant from school. Fla.Stat. §
39.01(8) (1977). In 1978, the Florida State Legislature
CopyCited 104 times | Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8660
73-231, Section 2, Laws of Florida, which amends §
39.01(10), Florida Statutes, defines a “dependent child”
CopyCited 83 times | Published | Supreme Court of Florida | 1995 WL 424169
definition of abandonment. The Court looked to section
39.01(1), Florida Statutes (1985), which defined abandonment
CopyCited 73 times | Published | Supreme Court of Florida
...[9] Competent substantial evidence is tantamount to legally sufficient evidence. The Legislature has explained that a prime purpose of the Florida Juvenile Justice Act (the "Act") is to guarantee to each child in Florida a safe and supportive home environment: 39.001 Purposes and intent.......
...(b) To provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care. § 39.001, Fla....
.... . (d) To preserve and strengthen the child's family ties whenever possible, removing the child from parental custody only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without such removal.... § 39.001, Fla....
CopyCited 64 times | Published | Supreme Court of Florida | 1995 WL 242401
...eir misconduct or because of neglect or mistreatment by those responsible for their care, the care, guidance, and control ... which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state." § 39.001(2)(d), Fla....
CopyCited 56 times | Published | Supreme Court of Florida
as "a child who commits a violation of law." Section
39.01(12), Florida Statutes (1975). [5] The first
CopyCited 55 times | Published | Supreme Court of Florida | 2009 WL 217979
...ile Justice Act of 1990 and is remedial in nature: "It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes. " Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied); § 39.001(4), Fla....
...tive manner while ensuring the safety of the community. " HB 3681 Final Staff Analysis at 10 (emphasis supplied). In relevant part, the title of the session law states: [r]evis[ed], reorganize[ed], and combin[ed] chapters 39 and 959, F.S.; amend[ed] s. 39.001, F.S.; provid[ed] purpose; amend[ed] s....
...l findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standards of fundamental fairness and due process. Ch. 90-208, § 1, at 1087, Laws of Fla. (emphasis supplied) (strike-through text omitted); § 39.001(2)(f), Fla....
...in light of the juvenile court's overarching duty to determine "the most appropriate dispositional services in the least restrictive available setting" and the requirement that the juvenile court exercise " appropriate discretion " when doing so. §§
39.001(2)(f),
39.01(21), Fla....
...must emerge from and further its ultimate responsibility and obligation to exercise " appropriate discretion " in providing the juvenile offender with "the most appropriate dispositional services in the least restrictive available setting." §§
39.001(2)(f),
39.01(21), Fla....
...ss "be exercised with appropriate discretion in keeping with the seriousness of the offense and the [child's] need for treatment services" and (2) that the "chapter be liberally interpreted and construed in conformity with its declared purposes. " §§ 39.001(2)(f), (4), Fla....
CopyCited 46 times | Published | Supreme Court of Florida
total of $500,000 per incident); N.D. Cent. Code § 39-01-08 (1980) (immunity waived to extent of governmental
CopyCited 46 times | Published | Florida 5th District Court of Appeal | 1993 WL 315988
v. Hooper,
509 So.2d 289, 290 (Fla. 1987). Section
39.01(1), Florida Statutes (Supp. 1992), defines abandonment
CopyCited 44 times | Published | Supreme Court of Florida | 1994 WL 656614
that there shall be no more than eight levels. §
39.01(61), Fla. Stat. (Supp. 1990). In D.P., the First
CopyCited 41 times | Published | Supreme Court of Florida | 2000 WL 551038
...hrough which children, parents, guardians and other interested parties are assured fair hearings by a respectful and respected court or other tribunal and the recognition, protection and enforcement of their constitutional and other legal rights.... § 39.001(1)( l )....
CopyCited 38 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335
..., and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; *1256 to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care." § 39.001(1)(a), Fla....
...risdiction throughout the adoption process). Furthermore, for both the department and the courts, the paramount concern is expeditiously achieving permanent stability for the children, specifically, achieving permanent placement within one year. See § 39.001(1)(h)-(i), Fla....
CopyCited 37 times | Published | Supreme Court of Florida | 2002 WL 2020158
...ter 39. [5] See ch. 98-403, § 38, Laws of Florida. Chapter 39 is a comprehensive chapter entitled "Proceedings Relating to Children," *278 and has as one of its chief purposes the protection of children, including the prevention of child abuse. See § 39.001(3)(a), Fla. Stat. (2001); see also § 39.001(6), Fla....
CopyCited 37 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21093
...Under the statutes, we hold that in order to sustain a final order of permanent commitment because of neglect or abuse, there must be clear and convincing evidence [2] that the child has been or will be neglected or abused. [3] We do so for a number of reasons. First, section 39.001(3), Florida Statutes (1979), expresses the Legislature's intent that the Florida Juvenile Justice Act be liberally construed so as to effectuate its purpose. Section 39.001(2)(b), Florida Statutes (1979), states that one of those purposes is "to assure to all children brought to the attention of the courts ..., the care, guidance, and control ......
CopyCited 36 times | Published | Supreme Court of Florida | 2000 WL 1424659
...Chapter 39 was enacted "[t]o provide judicial and other procedures to assure due process through which children and other interested parties are assured fair hearings... and the recognition, protection, and enforcement of their constitutional and other legal rights." § 39.001, Fla....
CopyCited 35 times | Published | Florida 3rd District Court of Appeal | 1989 WL 21573
...Although juvenile matters are criminal in nature, they are separate proceedings with goals which differ from those established in criminal matters. State v. C.C.,
476 So.2d 144 (Fla. 1985). The goal of the Florida Juvenile Justice Act is rehabilitation rather than retribution. See §
39.001(2), Fla....
CopyCited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162
...Parents do not have an unlimited constitutional right to rear their children any way they see fit, regardless of the consequences to the community at large. Parents have responsibilities. The State already demands a certain threshold level of care under its child neglect statutes. See, e.g., § 39.001(3), Fla....
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 2001 WL 228089
Mother had harmed the child as a matter of law. §
39.01(30)(g), Fla.Stat. (1999) (defining "harm" as including
CopyCited 34 times | Published | Supreme Court of Florida | 2008 WL 657867
providing expert testimony in court. Further, section
39.01(13), Florida Statutes (2007), created CPTs for
CopyCited 33 times | Published | Supreme Court of Florida | 1989 WL 36465
to provide for and communicate with the child. §
39.01(1), Fla. Stat. The natural father here filed an
CopyCited 31 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11699
or parents, legal custodians, or caregivers." §
39.01(14)(a), Fla. Stat. (Supp.1998). A child may also
CopyCited 31 times | Published | Florida 5th District Court of Appeal | 2002 WL 1989257
by the parent or parents or legal custodians." §
39.01(14)(f), Fla. Stat. (1999); M.F.; Denson. A similar
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 22902
habitual felony offenders’ law. Tenn.Code Ann. § 39-1-801 (1982). Under the Tennessee statute, like the
CopyCited 30 times | Published | Supreme Court of Florida
seventeen. Since delinquent child is described by Section
39.01 to be one under seventeen years of age, the
CopyCited 29 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 531, 2003 Fla. LEXIS 1154, 2003 WL 21543565
...nd not the punishment of the person creating the condition of dependency."). In fact, the health and safety of the child is of paramount concern, and the goal is to address the concern in the most economic, effective, obvious, and direct manner. See § 39.001(1)(b)1., Fla. Stat. (2001); see also § 39.001(1)(b)3., Fla....
CopyCited 28 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 649
abandoned, abused, or neglected the child. Section
39.01(1), Florida Statutes (1983) defines abandonment
CopyCited 27 times | Published | Florida 4th District Court of Appeal | 2003 WL 21348582
abandonment, or neglect by the parent or parents." §
39.01(14)(a), (f), Fla. Stat. (2002). "Abuse" is defined
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 1990 WL 50408
unreasonable as a matter of law. CHILD ABUSE Section
39.01(2), Florida Statutes,[14] defines child abuse
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188417
processing child abuse, abandonment, or neglect cases." §
39.01(13), Fla. Stat. (2004) (emphasis added). In accordance
CopyCited 26 times | Published | Florida 5th District Court of Appeal | 1989 WL 85716
court relied upon the definition of "abuse" in section
39.01(2), Fla. Stat. (1981), which contains a future
CopyCited 26 times | Published | Supreme Court of Florida
adjudicated a "dependent child" within the meaning of section
39.01(10), Fla. Stat. Appellants were both present
CopyCited 24 times | Published | Supreme Court of Florida
testimony has been raised in this case. [3] Section
39.01(10), Florida Statutes (1993), defines "Child
CopyCited 23 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 508, 2004 Fla. LEXIS 1538, 2004 WL 2110379
...nstrued "liberally ... and in conformity with the [chapter's] declared purposes." According to Justice Bell, the declared purpose of chapter 39 is to protect children. Although this is the certainly the primary purpose of chapter 39, as expressed in section 39.001(1), the provision also reflects the Legislature's intent that the protection of children be accomplished, if possible, within the family setting. See § 39.001(1)(b) (recognizing that "children achieve their greatest potential when families are able to support and nurture the growth and development of their children"); § 39.001(1)(b)(3) (stating that any "intervention should intrude as little as *1053 possible into the life of the family ......
...lature's intent and give effect to its purpose. Here, I think we can do that fairly easily. The Legislature has instructed us to give chapter 39 a "liberal[] interpret [ation] and construct[ion] in conformity with [the chapter's] declared purposes." § 39.001(9), Fla. Stat. (2003). The paramount purpose of chapter 39 is to protect children. See § 39.001(1), Fla....
CopyCited 23 times | Published | Florida 2nd District Court of Appeal
meaning of Chapter 39, a "child" is defined in Section
39.01(4), Florida Statutes (1977), as "any married
CopyCited 22 times | Published | Supreme Court of Florida
with the district court's following rationale: Section
39.01(3) defines "taken into custody" to mean "the
CopyCited 22 times | Published | Supreme Court of Florida
the department. [6] F.S.A., Section
39.01(6). [7] F.S.A., Section
39.01(12). [8] F.S.A., Section 39
CopyCited 22 times | Published | Florida 1st District Court of Appeal
...er 39 to assure that dependent children of the state receive adequate care. Children in the custody of HRS have a clear right to receive necessary medical and mental health services and the Department has no discretion to withhold such services. See section 39.001(2)(b)....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1996 WL 60824
Statutes (1993) (amended and renumbered 1994, see §
39.01(59), Fla.Stat. (1995)) defines "restrictiveness
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1905897
emotional health to be significantly impaired." §
39.01(2). "Child" is defined as "any unmarried person
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 2008 WL 900344
child, as that term is defined in section
39.01(1). Section
39.01(1) defines "abandoned" as a situation
CopyCited 18 times | Published | Supreme Court of Florida | 2002 WL 31119112
Laws of Fla. The definition of "abuse" in section
39.01(2) was amended to read: "Abuse" means any willful
CopyCited 18 times | Published | Florida 1st District Court of Appeal
court misconstrued the findings required under section
39.01(14)(f), Florida Statutes (1999), and that the
CopyCited 17 times | Published | Supreme Court of Florida
general laws of Florida. Florida Statutes (1972), Section
39.01(11),[1] defines delinquent child, as follows:
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2001 WL 303325
finding that the mother mentally abused H.C. Section
39.01(2), Florida Statutes (1997), defines abuse,
CopyCited 17 times | Published | Florida 1st District Court of Appeal
including home detention and attention homes...." §
39.01(14), Fla. Stat. (1981) (e.s.). [2] An "attention
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2000 WL 1803175
supported by competent substantial evidence. Id. Section
39.01(46) of the Florida Statutes (1999) defines neglect
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
necessary for the best interests of the child. Section
39.01(9) and Sections 39.40, et seq., Florida Statutes
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 1995 WL 443478
neglect by the parent or parents or the custodian. §
39.01(10), Fla. Stat. (1993). A child, therefore, may
CopyCited 15 times | Published | Florida 5th District Court of Appeal
of "abandonment" as that term is defined in section
39.01(1), Florida Statutes (1981). That statute provides:
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2006 WL 994214
...,
770 So.2d 1189, 1192 (Fla.2000). As we find the orders adjudicating the children dependent are not supported by competent substantial evidence, we reverse. The government's removal of a child from the parents should be a method of last resort. See §
39.001(1)(a)-(b), Fla....
...No evidence, however, appears to establish any substance behind these additional allegations. The State of Florida does not demand perfection from its families. Instead, the State demands that children be protected from abuse and from the substantial risk of imminent abuse. See § 39.001, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2000 WL 377272
...Fortunately, when children live in conditions similar to these, which are unclean but not significantly dangerous, or when their parents or caregivers are negligent but not criminally so, our child welfare system can provide services to help those children and the adults responsible for them. As set out in section 39.001(1)(a), Florida Statutes *800 (1999), the expressed goal of chapter 39 ("Proceedings Relating to Children") and of the courts enforcing that comprehensive statutory scheme, is to "provide for the care, safety, and protection of children...
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1995 WL 612961
neglect by the parent or parents or the custodian. §
39.01(10), Fla. Stat. (1993). A child may be found to
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2004 WL 19508
2002). Of more significance, B.C. argues that section
39.01(14)(a) was not intended to allow children to
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...The mother was of extremely limited intellectual capacity, was classified as "trainably retarded," and was unable to think in terms of the child's welfare. J.L.P. at 1251-52. The Fourth District Court of Appeal affirmed the trial court's decision, saying that in section 39.001(3), Florida Statutes (1979), it was the legislature's intent that the Florida Juvenile Justice Act be liberally construed so as to effectuate its purpose. Section 39.001(2), Florida Statutes (1979), states that one of those purposes is "to assure to all children brought to the attention of the court ..., the care, guidance, and control ......
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 13177, 2003 WL 22047876
...hild. Because stability for children is so important to both their physical and mental well-being, the Legislature requires that no child remain in foster care longer than one year so that permanent placement may be achieved as soon as possible. See § 39.001(1)(h), Fla....
...We do not deem the error in this case to be fundamental and capable of being raised by the mother for the first time on appeal. The Department itself is charged with responding to child abuse reports in a manner that ensures the health and safety of the child. See § 39.001(1)(e), Fla....
CopyCited 13 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422
*356only one man and one woman”).10 For example, section
39.01(49), Florida Statutes, defines “[pjarent” as
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861560
dependent within the intent and meaning of [section]
39.01, Florida Statutes." The trial court held a
CopyCited 13 times | Published | Supreme Court of Florida
child" are delimited. That is to be found in Section
39.01, Florida Statutes, F.S.A.: "(6) `Child' means
CopyCited 13 times | Published | Florida 4th District Court of Appeal
is a dependent child within the meaning of Section
39.01, Florida Statutes (1977) and seek to have the
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...ntent. However, this is an important function of the Court, because no legislature is so wise that it can foresee every potential conflict or inconsistent *623 area within a piece of massive legislation such as the revision of Chapter 39. In Part I, Section 39.001(4), it is stated: It is the intent of the legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes....
CopyCited 13 times | Published | Supreme Court of Florida
...of this Court. I cannot conceive that a judge ever should be disciplined for advocating adherence to the law of this state and the policy of our judicial system. Likewise, the clear public policy of Florida is to better the lot of our children. See § 39.001(2)(b), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 183, 1989 Fla. App. LEXIS 184, 1989 WL 2060
matter of law, constitute abandonment under section
39.01(1), Florida Statutes); In the Interest of P
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 536
non-communication (statutory abandonment under §
39.01(1), Fla. Stat.), a parent, before being called
CopyCited 13 times | Published | Florida 1st District Court of Appeal
Mrs. Brown must be found "financially able," §
39.01(26), through public assistance or otherwise, if
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2617
The statutory definition of abuse is found in section
39.01(2), Florida Statutes (1985): "Abuse" means any
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19780
environment at this time" (Exhibit 3 in evidence). Section
39.01(10), F.S., 1975, defines a "dependent child"
CopyCited 12 times | Published | Supreme Court of Florida | 1998 WL 732936
more than eight levels." Id. at 989-90 (quoting §
39.01(61), Fla. Stat. (Supp.1990)). Based on this statute
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1988 WL 84049
showing of abuse, abandonment, or neglect. Id. Section
39.01(27), Florida Statutes (1985), defines neglect
CopyCited 12 times | Published | Supreme Court of Florida
child" and "delinquent child" are defined in section
39.01, Florida Statutes (1977), as follows: (8) "Dependent
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1026572
...We find that the mother's reliance on these criminal cases is misplaced. Dependency proceedings are civil *327 in nature and not criminal. S.B. v. Department of Children & Families,
851 So.2d 689, 691 (Fla.2003). The primary purpose of a petition for dependency is to protect the child, not to punish the caregiver. §
39.001, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2006 WL 659502
that J.R. had abandoned his son as defined in section
39.01(1), which states: "The incarceration of a parent
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
[1] "Detention care" is defined in Fla. Stat. §
39.01(17) (1973) as "the temporary care of children in
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1990 WL 6486
delinquency is affirmed on an alternative ground. See §
39.01(9), Fla. Stat. (1989). [3] In Harris v. State
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
necessary for the best interests of the child. Section
39.01(9) and Sections 39.40, et seq., Florida Statutes
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1998 WL 712697
be in danger of being significantly impaired." §
39.01(36), Florida Statutes (1997). See also Dep't of
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2001 WL 467985
Laws of Fla. The definition of "abuse" in section
39.01(2) was amended to read: *646 "Abuse" means
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 619
sufficient evidence of abandonment as defined in section
39.01(1), Florida Statutes. The trial court accepted
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...or on appeal, that Sean's statements were tainted by being involuntarily exacted or that such statements were inadmissible by reason of any failure to properly caution or advise Sean of his rights. [3] The purposes of Chapter 39, which are stated in Section 39.001 are, in summary, to protect society by substituting, whenever possible, methods of rehabilitation for retributive punishment; to assure proper home environment for those children whose conduct or status has caused them to be brought be...
CopyCited 11 times | Published | Supreme Court of Florida | 1992 WL 171308
...t of court. If there is any doubt about this reading, the legislature provided clear direction when it mandated: "It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purposes." § 39.001(4), Fla....
...The first is: To provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care. § 39.001(2)(b), Fla....
...terest in the protection of society, by substituting methods of prevention, early intervention, diversion, offender rehabilitation, treatment, community services, and restitution in money or in kind for retributive punishment, whenever possible... . § 39.001(2)(c), Fla....
...ot children in need of punishment. See §
39.01(8)(a), Fla. Stat. (Supp. 1990). It is inconceivable that a system of justice that has removed these children from their parents or guardians, ostensibly "[t]o provide ... care, safety, and protection," section
39.001(2)(b), would instead incarcerate them because of resultant behavior attributable to neglect or abuse....
CopyCited 11 times | Published | District Court, M.D. Florida | 1975 U.S. Dist. LEXIS 13646
"child" as set forth in the state statute itself. Section
39.01(6) of the Florida Statutes provides that a "child"
CopyCited 11 times | Published | Supreme Court of Florida
...Such construction is consistent with the purpose of juvenile proceedings, which are intended "to protect society more effectively by substituting for retributive punishment methods of training and treatment directed toward the correction and rehabilitation of children who violate the laws." Section 39.001(1)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 15262
...dial order. Such interpretation and construction is fortified by the frequent reference in Chapter 39 to the court, the provision for the exclusive original jurisdiction *76 in the court [5] and the declared purposes of the chapter as expressed in F.S. 39.001, viz: "39.001 Purposes....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2381952
abandonment, or neglect by the parent or parents." §
39.01(14)(a), (f), Fla. Stat. (2004). "Abuse" is defined
CopyCited 11 times | Published | Florida 1st District Court of Appeal
being a delinquent child as defined in F.S. Section
39.01(11), F.S.A., as follows: "`Delinquent child'
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2004 WL 874936
abandonment, or neglect" by the parents. See §
39.01(14)(a) & (f), Fla. Stat. (2002). Therefore, before
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1996 WL 656408
to be the only "training schools" in Florida. §
39.01(74), Fla.Stat. (1995). It is clear that the Manatee
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...nt shall be informed of the right to counsel, § 39.406; (4) The adjudicatory and disposition hearing are not to be held together without the prior consent of the parent, § 39.408(2); (5) Parties are entitled to procedures to insure a fair hearing, § 39.001(2)(d).
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
risk of imminent abuse, abandonment, or neglect. §
39.01(14), Fla. Stat. (2000); In the Interest of D.J
CopyCited 10 times | Published | Florida 1st District Court of Appeal
term "restrictiveness level" is defined in Section
39.01(61), as follows: "Restrictiveness level" means
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1990 WL 32453
...ghts, whether constitutional or statutory, provided such waiver is not contrary to public policy." 21A Am.Jur.2d Criminal Law § 633 (1981) (footnotes omitted). Appellant's waiver in the case at bar is consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987)....
...1977), for the proposition that the time limitations of Section 39.05(7), Florida Statutes (1975) (since renumbered section 39.05(6)), are mandatory; therefore a petition filed out of time must be dismissed. S.R., unlike the present case, did not involve a juvenile's voluntary waiver of the speedy petition time. [3] Section 39.001(2)(a) provides that the legislative intent underlying chapter 39 includes protection of society "by substituting for retributive punishment, whenever possible, methods of offender rehabilitation."
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2004 WL 1228862
...In fact, the Legislature has specifically provided that one of the purposes of chapter 39 is: To ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year. (emphasis added) § 39.001(1)(h), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1995 WL 10479
neglect if they were reunited with their father. See §
39.01(37), Fla. Stat. (1993).[2] We have no basis to
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1836210
settled purpose to assume all parental duties, see §
39.01(1), its finding of abandonment does not reflect
CopyCited 9 times | Published | Florida 5th District Court of Appeal
39.11(1)(d) [(2)(d)] [sic] (1977) and F.S. section
39.01(1) and (2) [(27)] [sic] (1978)... ." Whatever
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit
is habitually truant from school. Fla.Stats. §
39.01(8) (1977). In 1978, the Florida State Legislature
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1998 WL 670386
...years of age." § 39.40(2), Fla. Stat. (1995). Having obtained jurisdiction over a child, a circuit judge is bound to carry out the responsibilities which Chapter 39 places upon the court consistently with the chapter's declared legislative intent. Section 39.001, Florida Statutes (Supp.1996), provides in pertinent part: (1) The purposes of this chapter are: * * * * * * (b) To provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, inte...
...ch issues to a ponderous bureaucracy. While the provisions of Chapter 415, Part II, and section 39.403 may ultimately lead to commencement of Chapter 39 proceedings, criminal proceedings, license revocation or termination of a contract authorized by section 39.001(2), these were not the goals of the court orders at issue here....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...horization for "other professional counseling activities" is broad enough to allow the judge to order psychological evaluations as a reasonable preliminary step in determining the need for family or psychological counseling. The department points to section 39.001(3), which states that chapter 39 should be liberally construed in conformity with its declared purposes, and argues that a juvenile judge needs to have the ability to *583 order psychological evaluations to determine what course of action will serve the best interests of the child....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2008 WL 244912
...lthough the mother had substantially complied with her case plan, reunification was not in the children's best interests. Initially, we note that the primary purpose of Florida's dependency system is to protect the health and safety of children. See § 39.001(1)(b)1, Fla....
...icially recognized "that most families desire to be competent caregivers and providers for their children and that children achieve their greatest potential when families are able to support and nurture the growth and development of their children." § 39.001(1)(b). As such, a basic principle of the dependency system is that the Department should, whenever possible, help families remedy their problems and be reunited. See, e.g., § 39.001(1)(b)3....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1996 WL 38850
found dependent because of prospective abuse. Section
39.01(10), Florida Statutes (1993) reads in pertinent
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1991214
abuse, abandonment, or neglect by his parents. See §
39.01(14)(a), (f), Fla. Stat. (2001). The trial court
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1993 WL 302608
expressed at various points in the Chapter. In Section
39.01(21) "Disposition hearing" is defined as "a hearing
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1988 WL 29174
McCray v. State,
424 So.2d 916 (Fla. 4th DCA 1982); §
39.01(7), Fla. Stat. (1985). This is consistent with
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 WL 506887
parental rights. "Abandonment" as defined in section
39.01(1) was not added to section
39.806(1)(b) until
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2005 WL 2219023
purpose of "process[ing] child abuse cases." [e.s.] §
39.01(13), Fla. Stat. (2004). The statute explicitly
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
be credible and adjudicated K.V. dependent. Section
39.01(14), Florida Statutes (2005), in pertinent part
CopyCited 8 times | Published | Florida 4th District Court of Appeal
does not equate to substantial compliance. Section
39.01(68) states that, "`[s]ubstantial compliance'
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1988 WL 16010
cannot support a finding of statutory neglect, section
39.01(30), Florida Statutes (Supp. 1986). There is
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 663, 1987 Fla. App. LEXIS 11982
establishing neglect by a preponderance of the evidence. §
39.01(27), Fla. Stat.; § 39.408(2)(b), Fla. Stat. We
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1988 WL 65134
...rts, either as a result of their misconduct or because of neglect or mistreatment *729 ... the care, guidance, and control ... which will best serve the moral, emotional, mental and physical welfare of the child and the best interests of the state." § 39.001(2)(b), Fla....
...Another purpose is to preserve and strengthen the child's family ties whenever possible; and, when it is found necessary to remove him, to secure for him custody, care and discipline as nearly as possible equivalent to what he ought to have received from his parents. § 39.001(2)(c), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1996 WL 346929
is a "low-risk residential" classification. Id. §
39.01(61)(b).[7] J.M. has appealed. At oral argument
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 330593
...4th DCA 1996), section 39.054(1)(a)1 provides that the amount of restitution in a juvenile proceeding "may not exceed" the financial capabilities of the offender and the parents. Due to the youth of the offender, Chapter 39 imposes this limitation on the restitution required by section
775.089 Florida Statutes (1995). See §
39.001(1)(c), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 11580, 2015 WL 4510417
...a permanent guardianship.... ” §
39.6221(1), Fla. Stat. (2014). One of the purposes of Chapter 39, Florida Statutes, is to ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child. See §
39.001(l)(h), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 119, 1992 WL 1339
..."`Substantial compliance' means that the circumstances which caused the placement in foster care have been remedied to the extent that the well-being and safety of the child will not be endangered upon the child's being returned to the child's parent or guardian." Section 39.001(50), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 65 A.L.R. 3d 1217
children in need of supervision as defined by F.S. Section
39.01(12)(a), F.S.A., and placing them under the supervision
CopyCited 8 times | Published | Florida 1st District Court of Appeal
system when the crime occurred on July 18, 1977. Section
39.01(4), 39.02, Florida Statutes (1977). At the time
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 1990878
insufficient evidence of "abuse" as defined by section
39.01(2) to support the trial court's finding that
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2005 WL 1923159
emotional health to be significantly impaired." §
39.01(2), Fla. Stat. (2004). The trial court found C
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
evidence."
336 So.2d at 376 (citations omitted). Section
39.01(3) defines "taken into custody" to mean "the
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 531291
...eing licensed. Fla. Admin. Code R. 10M-6.025(1), (4) (effective May 27, 1992). HRS is entrusted with giving foster children the "custody, care, and discipline as nearly as possible equivalent to that which should have been given by [their] parents." § 39.001(2)(e), Fla. Stat. (1991). The Florida Legislature has mandated that people who have been found guilty of certain crimes are prohibited from becoming foster parents. § 39.001(3)(b), Fla. Stat. (1991). The statutory disabilities include murder, aggravated battery, robbery, child abuse, and felony drug offenses. § 39.001(3)(b), Fla....
...arents are licensed. In spite of the fact that the legislature has delegated to HRS a degree of discretion empowering it to "establish minimum standards for good moral character, based on screening, for personnel in programs for children or youths," § 39.001(3)(b), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...g test, indeterminate except from an individual judge's value system, we respectfully disagree.
444 So.2d at 993. (Emphasis supplied.) The Department also relied upon The Interest of K.H.,
444 So.2d 547 (Fla. 1st DCA 1984). In K.H., the court quoted section
39.001(2)(b) and (c), to illustrate legislative intent that "the welfare of the dependent child is the supreme consideration....
CopyCited 7 times | Published | Supreme Court of Florida
1219 (Fla. 2017) (interpreting “includes” in section
39.01(47), Florida Statutes (2015), expansively);
CopyCited 7 times | Published | Florida 5th District Court of Appeal
abused, or neglected by his parents or custodians. §
39.01(10)(a), Fla. Stat. (1987). The trial court found
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105543
...here the expert evidence clearly demonstrated that the provision of yet more counseling and services to Appellant would be futile. Further, achieving a safe and permanent home expeditiously for children is a primary purpose of Chapter 39. See *505 §§
39.001(1)(h),
39.013(5),
39.402(14)(e) &
39.621(1), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529
See, e.g., §
39.001(3), Fla. Stat. (2002) (outlining general protections for children); §
39.01, Fla. Stat
CopyCited 7 times | Published | Supreme Court of Florida | 1991 WL 239342
agreement/permanent placement plan ____ as defined in section
39.01, Florida Statutes, has been offered to the parents
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...[15] One of the stated purposes of the Florida Juvenile Justice Act is: "To preserve and strengthen the child's family ties whenever possible, removing him from the custody of his parents only when his welfare or the safety and protection of the public cannot be adequately safeguarded without such removal; . ." § 39.001(2)(c), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 2116262
were not parties to the proceedings below, see §
39.01(50), Florida Statutes (2007), they lack standing
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1988 WL 50147
has in fact confessed error in this regard. Section
39.01(27), Florida Statutes (1985), defines neglect
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
Servs.,
901 So.2d 324, 326 (Fla. 3d DCA 2005). Section
39.01(15)(a),(f), Florida Statutes (2011), defines
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1997 WL 120163
...One of the primary purposes of the Juvenile Justice Act, however, is to "ensure the protection of society, by providing... that the most appropriate control, discipline, punishment and treatment can be administered" with "the specific rehabilitation needs of the child ....". § 39.001(1)(c), Fla....
...The act further provides that control and guidance are to be administered in a manner to assure "the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests ... are adequately protected." § 39.001(1)(a), Fla.Stat.(1995)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2007 WL 776546
...required statutory standard in entering its order placing L.L. in long-term relative care. According to Chapter 39, Florida Statutes (2006), it is the intent of the Florida Legislature to achieve permanency for every child in the dependency system. § 39.001(1)(h)....
CopyCited 7 times | Published | Supreme Court of Florida | 1994 WL 286369
adjudication and those whose disposition is pending. Section
39.01(16), Florida Statutes (1993), also defines detention
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1488650
definition of the term "legal guardianship" in section
39.01(34), Florida Statutes (2003), which provides
CopyCited 7 times | Published | Florida 5th District Court of Appeal
the court may declare the child to be abandoned. §
39.01(1), Fla. Stat. (1979) (emphasis added). In its
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 103420
40 and is a felony of the third degree.[2] Section
39.01(61) defines "restrictiveness level" as: the
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 15203
standards and for appropriate ancillary processes. Section
39.01(30) defines "taken into custody," the linchpin
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 120422
...eeds. This arrangement promised the child a safe environment and a connection to his family history. And, significantly, it was consistent with statutory provisions emphasizing that relatives merit special consideration in placement decisions. See §§ 39.001(1)(g), (i), (j); .401(2)(a)(3), (3); .402(1)(c); .5085....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 WL 1991223
abandonment, or neglect by the parent or parents...." §
39.01(14)(f), Fla. Stat. (2001); Eddy v. Department of
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 529897
abandon or neglect their children pursuant to Section
39.01(1) and (36), and Section 39.464(1)(f) and (c)
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 817186
child' are delimited. That is to be found in section
39.01, Florida Statutes ... Id. at 492 (emphasis added)
CopyCited 6 times | Published | Florida 4th District Court of Appeal
Perla v. Perla, Fla. 1952,
58 So.2d 689; and Section
39.01(10), F.S. There are many moral obligations both
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16374
...See Padgett,
577 So.2d at 570 (holding while the parent's interest in maintaining parental ties is essential, the child's entitlement to an environment free of physical and emotional violence at the hands of his or her most trusted caretaker is more so); §
39.001(1)(b)(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1972 Fla. App. LEXIS 6015
regardless of where the violation occurred". Section
39.01(11), F.S. 1971, F.S.A. A violation of law is
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1260109
...as not trained to deal with D.J.'s medical issues. Each of these actions by the Department, which the Department *754 did not dispute at the hearing, establishes that the Department was in an adversarial relationship with the Mother, in violation of section 39.001(1)(b)(2), which states that the Department "should engage families in constructive, supportive, and nonadversarial relationships." In April 2007, after denying the Department's request for yet another continuance and after considering...
...o her lack of training. As justifiably troubled as the trial court was by the Department's handling of this case, it did not lose track of the paramount goal of chapter 39 proceedings: "[t]o provide for the care, safety, and protection of children." § 39.001(1)(a)....
...dependent while the Mother received the necessary training in how to care for D.J.'s medical needs was not an abuse of discretion. Sadly, the Department's handling of this case distorted the manner in which the goals of chapter 39 are to be pursued: through "constructive, supportive, and nonadversarial relationships," § 39.001(1)(b)(2), that "intrude as little as possible into the life of the family," § 39.001(1)(b)(3)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2005 WL 1047282
788 So.2d 988, 988-89 (Fla. 3d DCA 1998). Section
39.01 defines "substantial compliance" as meaning
CopyCited 6 times | Published | Supreme Court of Florida | 2001 WL 1034530
...) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." §
61.001(2)(a)-(c). The Committee's principles do not conflict with other legislative policies regarding dependency cases in section
39.001(1), Florida Statutes (2000); delinquency cases in section
985.02, Florida Statutes (2000); or domestic violence cases in section
741.2902, Florida Statutes (2000)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1991 WL 82523
adjudication of the petition for delinquency. See §
39.01(16), Fla. Stat. (Supp. 1990). Under section 39
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
child who commits a violation of law." See, F.S. §
39.01(11) (1971), F.S.A. It therefore follows that, if
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 23651
of "abandonment" in Florida is that found in section
39.01(1), Florida Statutes (1985): (1) "Abandoned"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2001 WL 201899
finding of dependency. The father's argument that section
39.01(1) of the Florida Statutes which defines "abandonment"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2005 WL 623284
provide for reunification with the mother. [5] Section
39.01(17) defines comprehensive assessment: "Comprehensive
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1988 WL 22259
psychologically abused the children within the meaning of section
39.01, Florida Statutes (1983), and it would be in
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 645
SHIVERS and ZEHMER, JJ., concur. NOTES [1] Section
39.01(1), Florida Statutes (1983), defines "abandoned"
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16888
the definition of "abandoned" contained in Section
39.01(1), Florida Statutes (Supp. 1978) which became
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
Statutes, F.S.A., provides for juvenile courts. Section
39.01 provides that a juvenile court means any court
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1991 WL 116857
being malnourished and developmentally delayed. Section
39.01(37), Florida Statutes (1989), specifically defines
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...The trial court reaffirmed the dependency of the children, continued their current custodial care, granted the mother reasonable visitation, and relieved HRS of supervision. The legislature has been clear in expressing the attitude that is to be taken in regard to dependent children such as K.H. and M.C. In Section 39.001(2)(b) and (c), Florida Statutes (1981), two of the primary purposes of the Florida Juvenile Justice Act (Chapter 39) are described as: (b) To assure to all children brought to the attention of the courts, either as a result of their mi...
...Based upon the above, we hold that HRS supervision was incorrectly terminated in this case. To hold otherwise would prevent equal treatment between classifications of dependent children, without any logical reasons related to the goals and objectives of sections
39.001,
409.145, Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
*1084 First, the natural mother contends that Section
39.01(26), Florida Statutes (1981), under which her
CopyCited 6 times | Published | Supreme Court of Florida
Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. §
39.01 note, specifically repealed that section of Chapter
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1998 WL 11857
neglect by the parent or parents or the custodian." §
39.01(11)(f), Fla. Stat. (Supp.1996). Such a finding
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 196, 1999 WL 9840
...The class also contends that the AACWA and the Florida Juvenile Justice Act require the requested funding. Although the class correctly points out that one of the purposes of the AACWA and the Florida Juvenile Justice Act is to keep children with their families where possible, see 42 U.S.C. § 625(a)(1)(C); § 39.001(d), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
the court may declare the child to be abandoned. §
39.01(1), Fla. Stat. (1999). We first note that the evidence
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 WL 220858
the abusive parents, within the meaning of section
39.01(30)(i), Florida Statutes (2002).[2]See D.D.
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 263898
there was no corresponding mental injury under section
39.01(43), Florida Statutes (2001).[2] Accordingly
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1995 WL 71349
We begin with the definition of "child" in section
39.01(7): "(7) `Child' means any unmarried person
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...s of training and treatment designed to further the correction and rehabilitation of children who violate the laws and to provide for the care, guidance and control which will be conducive to the child's welfare and the best interests of society. (F.S. 39.001) Such purposes do not conform to the generally accepted characteristics of the "criminal process"....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2660, 1988 Fla. App. LEXIS 5438, 1988 WL 130481
parents "abused" her, as that term is defined in section
39.01(2), Florida Statutes (1985). Abuse is defined
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 36
appellant had neglected the children pursuant to section
39.01(26), Florida Statutes (1983)[1]. As grounds
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1994 WL 706310
of voluntarily abandoning his children under section
39.01. However, his efforts, or lack thereof, to assume
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 WL 3733842
the normal range of performance and behavior." §
39.01(43), Fla. Stat. (2002); see DuFresne v. State,
CopyCited 6 times | Published | Florida 5th District Court of Appeal
the statutory definition of abandonment in section
39.01(1), Fla. Stat., which describes "a situation
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 553926
to the law governing behavior. For instance section
39.01(63)(d), Florida Statutes (1997) governs child
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1973
do not do so, it is interesting to note that section
39.01(1), Florida Statutes (1983) looks to the parent's
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2011 WL 1485994
...*1195 While I do not believe that Chapter 39 was ever intended to secure a pathway to citizenship for foreign minors, I must agree that the manner in which that Chapter currently is written may be interpreted to provide an avenue for such use. See § 39.001(1), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579
reasonable doubt. Definitions, give as applicable. §
39.01(2), Florida Statutes? “Abuse” means any willful-acb
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787430
child's parent or parents or legal custodians[.]" §
39.01(14)(a). "`Abuse' means any willful act or threatened
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1093027
773 So.2d 615, 617 (Fla. 5th DCA 2000). Under section
39.01, Florida Statutes (1998), the definition of
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
with or being returned to the children's parent. §
39.01(68), Fla. Stat. (2003). Here, DCF removed the children
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
result of the father's actions, we reverse. See §
39.01(14)(f), Fla. Stat. (1999). We observe first that
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...y those responsible for their care, the care, guidance, and control, preferably in each child's own home, which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state. [Emphasis supplied.] § 39.001(2)(b). The Act is to be liberally interpreted and construed in conformity with its declared purposes. § 39.001(3)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1162934
is lawful unless it crosses the line to abuse. §
39.01(2), Fla. Stat. (2003); Raford v. State, 828 So
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 9 Educ. L. Rep. 1109
filed against her was insufficient. We agree. Section
39.01(9), Florida Statutes, (1981), provides in relevant
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 427229
...Section 39.052(4)(d), Florida Statutes (Supp.1996), requires that, in determining whether a child should be adjudicated delinquent and committed to the Department, the trial court consider (among other things) "[t]he seriousness of the offense to the community" and the need to protect the community from the child. Moreover, section 39.001(1)(c), Florida Statutes (Supp.1996), identifies "the protection of society" as one of the principal purposes of chapter 39, and section 39.002(3), Florida Statutes (1995), states that the first priority of the state juvenile justice sy...
CopyCited 5 times | Published | Florida 5th District Court of Appeal
Section 39.08(1), Florida Statutes (1983). [2] Section
39.01(9), Florida Statutes (1983), provides: "Child
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 258144
bases: violence, §
39.01(30)(i), Fla. Stat. (2005); failure to protect the children, §
39.01(30)(j); substance
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2014 WL 305284, 2014 Fla. App. LEXIS 1038
...The Department of Children and Families has represented that it has no position supporting or opposing the mother’s petition and challenged order. The Department took the same non-position in the trial court. . See Martin-Johnson, Inc. v. Savage,
509 So.2d 1097, 1099 (Fla.1987). . §
39.00145(2)(d), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1995 WL 25874
statutory definition of abuse is set out in section
39.01(2), Florida Statutes (1993): "Abuse" means any
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 WL 255245
adjudicating his child dependent. We affirm. Section
39.01(2), Florida Statutes, defines "abuse" as: [A]ny
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2009 WL 454580
in "substantial compliance," as defined in section
39.01(71), it had to determine whether the problems
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1990 WL 12002
C.J., and SHARP, W., J., concur. NOTES [1] Section
39.01(12), Florida Statutes, defines community control
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 833552
by her prior history in the juvenile system. Section
39.01(59)(d), Florida Statutes (Supp.1996), provides
CopyCited 5 times | Published | Supreme Court of Florida | 1998 WL 892668
...ed of the issue of parental termination. Id. The court went on to opine that if it were not sufficiently final for immediate appeal, an adjudicatory order could still trigger the district court's jurisdiction. Id. [5] The legislative intent found in section 39.001, Florida Statutes (1995), also focuses on the accuracy and fundamental fairness of the proceedings. In section 39.001, the legislative purpose stresses due process and other constitutional guarantees, safe and stable permanent placement of the child, and preservation of "the child's family ties whenever possible, removing the child from parental custody only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without such removal." § 39.001(1)(d), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1987 WL 3189
authorization of blood transfusions *1134 to the child. Section
39.01(30), Florida Statutes (Supp. 1986), defining
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...differently than adult offenders. The emphasis for juvenile offenders is on rehabilitation and restitution rather than on fixing criminal responsibility, guilt and punishment. Kent v. United States,
383 U.S. 541,
86 S.Ct. 1045,
16 L.Ed.2d 84 (1966); Section
39.001(2), Fla....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 12581, 1989 WL 88354
under the Alabama Public Works Statute, Ala.Code § 39-1-1 (1975). The district court entered judgment for
CopyCited 5 times | Published | Florida 1st District Court of Appeal
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 1238588
discipline is not defined in chapter 827. However, section
39.01(30)(a)4, Florida Statutes (2004), provides:
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1998 WL 204738
terms of either § 39.4051(7) or §
63.062(1)(b). §
39.01(48), Fla. Stat. (Supp.1996)(emphasis added). The
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1166868
to place the Child in the Mother's custody. Section
39.01(68), Fla. Stat. (1999). k. The Child is at risk
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
be in danger of being significantly impaired. §
39.01(26), Fla. Stat. (1983). The mother argues that
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
allegations of child abuse or neglect as defined in section
39.01(2) or (5), Florida Statutes, ( ) HAVE ( ) HAVE
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2683776
a definition of parent but rather refers to section
39.01(49), Florida Statutes (2004), which defines
CopyCited 4 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 6010
"delinquent child" is clearly defined in Fla.Stat. §
39.01(12) (1973) as ". . . a child who commits a violation
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2001 WL 1297683
child's physical, mental, or emotional health. §
39.01(2),(14)(a), (14)(f), & (46), Fla. Stat. (1999);
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 2205
...t. The outstanding purpose of Chapter 39 is to preserve and strengthen the child's family ties whenever possible, removing the child from the custody of the parents only when the child's welfare cannot be adequately safeguarded without such removal. § 39.001(2)(c), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 21548
...tative and habilitative, as opposed to punitive, treatment at the earliest possible opportunity so as to maximize his chances of becoming a happy and well adjusted member of society. In Re Gault,
387 U.S. 1,
87 S.Ct. 1428,
18 L.Ed.2d 527 (1967); [2] §
39.001, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105565
[I]ncarceration . . . may support a finding of abandonment." §
39.01(1), Fla. Stat. (2006). The qualifying phrase "while
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31557936
the court may declare the child to be abandoned. §
39.01(1), Fla. Stat. (2001). The trial judge's finding
CopyCited 4 times | Published | Florida 1st District Court of Appeal
was a "dependent" child within the meaning of Section
39.01(10), Florida Statutes, F.S.A., and that the
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 2559679
child's parent or parents or legal custodians. §
39.01(14)(a), Fla. Stat. (2002). A dependent *331 child
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 5444, 34 Fla. L. Weekly Fed. D 1010
definition of the term `legal guardianship' in section
39.01(34), Florida Statutes (2003), which provides
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 40056
a firefighter, an intake officer as defined in §
39.01, or a parking enforcement specialist as defined
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 783291
the program has been appointed, and the child. §
39.01(50). Rather, a legal custodian is included under
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...der. This requirement reflects the stated legislative purpose in the Florida Juvenile Justice Act, that "all findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standard of fundamental fairness." § 39.001(2)(e), Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...tep assertion of the appellee and fully comports with the dictates of In Re Gault,
387 U.S. 1,
87 S.Ct. 1428,
18 L.Ed.2d 527 (1967), and Breed v. Jones,
421 U.S. 519,
95 S.Ct. 1779,
44 L.Ed.2d 346 (1975). ENGLAND and HATCHETT, JJ., concur. NOTES [1] Section
39.001, Florida Statutes, provides: " Purposes....
CopyCited 4 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1369
provisions of Chapter 26880, Acts of 1951, F.S.A. §
39.01 et seq., which was the general law applicable to
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1384
neglected by his parents or other custodians. §
39.01(9)(a), Fla. Stat. (1985). Here, there is no contention
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
properly limited to adult criminal cases. See §
39.01(9), Fla. Stat. (1993) (adjudication of delinquency
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
[1] Rule 8.120, R.J.P. [2] Section
39.01(6), F.S. 1973. [3] Section
39.01(6), F.S. 1975. [4] (Fla. 1974)
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1988 WL 343
provide a complete analysis of this situation. Section
39.01(27), Florida Statutes (1985) defines neglect
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...the care, safety, and protection of children.... [and] [t]o ensure that permanent placement with the ... adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care for longer than 1 year," § 39.001(1)(a), (1)(h), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 WL 221323
Because we conclude that a finding of harm under section
39.01(30)(g)1., Florida Statutes (2002), requires
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188243
...rty's rights. All of these appeals and petitions [2] have thwarted section 39's stated legislative intent to insure that J.T.'s permanent placement with her biological or adoptive family is achieved within one year of her placement into foster care. § 39.001(1)(h)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 131736
child's parent or parents or legal custodians." §
39.01(14)(a), Fla. Stat. (2001). "[T]he trial court's
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 183, 2007 WL 57571
...ry). The adjudication on this ground cannot stand. We recognize the extraordinary responsibility the legislature has reposed in DCF to intervene to provide for the care, safety, and protection of the children of this state when statutorily required. § 39.001, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
safety and well-being and may constitute harm. §
39.01(30), Fla. Stat. (2001) (defining harm). Four home
CopyCited 4 times | Published | Supreme Court of Florida | 2001 WL 169664
...While the parents in a TPR proceeding may perceive the dissolution of their parental rights as a sanction, the purpose of the TPR proceeding is not to punish the parents. The paramount concern of the Court and the Legislature is the health and safety of the child or children involved. See § 39.001(1)(b)1, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 46933
"commitment to the custody of the department." Section
39.01(12), Fla. Stat. (1991). Therefore, even if section
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3821847
...of certiorari. We denied the motion by previous unpublished *1216 order, indicating that an opinion would follow. We explain our order here. It is the intent of the Florida Legislature to achieve permanency for every child in the dependency system. § 39.001(1)(h)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 831859
based on abandonment of M.K.S. by her father. Section
39.01, Florida Statutes (1995), defines abandonment
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 4355284
to DCF, D.G. suffered from medical neglect. Section
39.01(31), Florida Statutes (2006), provides: "Harm"
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...s of citizens, with particularized needs to be afforded unique treatment by the state. Relevant are the purposes of the chapter of the Florida Statutes relating to the judicial treatment of juveniles as expressed by the Florida *480 Legislature in F.S. 39.001....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...aced in the same foster home. § 39.02(4), Florida Statutes, provides: "When jurisdiction of any child shall have been obtained, the court shall retain jurisdiction, unless relinquished by order, until the child reaches twenty-one years of age, ..." § 39.001, Florida Statutes, lists, among other purposes of the chapter, the following: "(3) To assure that a child removed from the control of the child's parent shall receive care, custody, and discipline as nearly as possible equivalent to that wh...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 1189556
legislative pronouncements: [f]or instance section
39.01(63)(d), Florida Statutes (1997) governs child
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 WL 49838
as the basis for a finding of delinquency. Section
39.01(9), Florida Statutes (Supp. 1988), defines a
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2002 WL 596797
health to be significantly impaired or endangered. §
39.01(45), Fla. Stat. The evidence in this case was sufficient
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 1733666
the normal range of performance and behavior." §
39.01(43), Fla. Stat. (2002); see DuFresne v. State,
CopyCited 3 times | Published | Florida 4th District Court of Appeal
below, but rather were simply participants. See §
39.01(51), (52), Fla. Stat. (2017). See also C.M. v.
CopyCited 3 times | Published | Supreme Court of Florida
...to attend school in a previous dependency order. This holding comports with the expressed intent of the legislature in chapter 39 to balance the interests of society and the juvenile and to avoid retributive punishment whenever reasonably possible. § 39.001(2)(a) et seq., Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 13653, 2004 WL 2049971
...Florida Department of Children and Families,
770 So.2d 1189, 1193 (Fla.2000) (citation omitted); see also §
39.501(2), Fla. Stat. (2002). In administering the child protection system, "The health and safety of the children served shall be of paramount concern." §
39.001(1)(b)1., Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 529195
reluctantly dismissed the petition for dependency. Section
39.01(10), Florida Statutes (1993), defining "dependent
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
(Fla. 3d DCA 2006) (table). [2] Pursuant to section
39.01(30)(i), Florida Statutes (2005), "harm" can
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22239088
...The Department's motion for stay filed in the trial court was denied, as was its motion for stay filed in this court. Therefore, it appears that the children were finally reunited with their father in April 2003. The Department is charged by the legislature with providing for the care, safety, and protection of children. § 39.001(1)(a), Fla. Stat. (2001). While pursuing this objective, the Department is to "intrude as little as possible into the life of the family, be focused on clearly defined objectives, *1090 and take the most parsimonious path to remedy a family's problems." § 39.001(1)(b)(3)....
...In addition, as the Department often reminds this court, the Department is to "ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year." § 39.001(1)(h)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
directions to discharge him. Reversed. NOTES [1] §
39.01(10), Fla. Stat. (1977). "`Delinquent child' means
CopyCited 3 times | Published | Florida 1st District Court of Appeal
The statutory definition of abuse is found in section
39.01(2) and means "any willful act that results in
CopyCited 3 times | Published | Florida 5th District Court of Appeal
had been abused, abandoned or neglected. See §
39.01(14)(a), Fla.Stat. (1999). Rather, the trial court's
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 314472
...egislature to protect and promote the well-being of persons being adopted and their birth and adoptive parents and to provide to all children who can benefit by it a permanent family life, and, whenever possible, to maintain sibling groups. See also § 39.001(k), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
by law, such as significant bruises or welts. §
39.01(30)(a)(4), Fla. Stat. (2000). This court is aware
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 347010
custody and care needs of committed children." §
39.01(59), Fla.Stat. (1995). An increase in the level
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1359022
the child was "abandoned, abused, or neglected," §
39.01(14)(a), Fla. Stat. (2003), or that the child is
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1412052
childrenwas abuse of the children. See §
39.01(2);[6]see also §
39.01(30)(a), (i);[7]D.D. v. Dep't of Children
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 208369
944.40 and is a felony of the third degree. Section
39.01(61) of the Florida Statutes defined restrictiveness
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 WL 2976764
determination was based on prospective neglect, §
39.01(15)(f), Fla. Stat. (2009), the circuit court finding
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...d to remand for further proceedings in accordance with the pertinent statutes. Chapter 39, "Proceedings Relating to Children," is suffused with clear legislative expressions of concern for children's best interests and overall well-being. See, e.g., § 39.001(1)(a), Fla....
...afety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care"); §
39.001(3); §
39.810 (pertaining to proceedings to terminate parental rights and requiring the trial court to consider "the manifest best interests of the child"); see B.Y....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 1635858
...stody would usurp the DCF's statutory authority and interfere with the jurisdiction and procedures of the dependency court. It is the dependency court which is charged under Florida law with protecting the rights and interests of dependent children, section 39.001, Fla....
...B., former foster parents do not have the right automatically to be heard or to demand that DCF select them as the child's adoptive parents. The Buckners argue that DCF violated Chapter 39, Florida Statutes (2003). In particular, they point out that section 39.001(1)(h) provides that one of the purposes of Chapter 39 is: To ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care for longer than 1 year....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
"has the same meaning ascribed in s.
39.01." Section
39.01(49), Florida Statutes (2004), defines parent
CopyCited 3 times | Published | Florida 4th District Court of Appeal
and 39.45, Florida Statutes, change our view. Section
39.01(10), Florida Statutes, defines children as individuals
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 1482668
meet the statutory definition of abuse. *183 See §
39.01(2), Fla. Stat.; see also In Interest of D.J.S.
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1466460
before us does not support such a conclusion. See §
39.01(1), Fla. Stat. *1067 (2000); Webb v. Blancett,
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 32213
...in an environment that fosters healthy social, emotional, intellectual and physical development. It is the intent of the Legislature that this chapter be liberally interpreted and construed in conformity with its declared purpose . (emphasis added). § 39.001, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 55921
definition was moved from section 415.503(8) to section
39.01(44) in 1998. See ch. 98-403, § 19, Laws of Fla
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
to have committed child abuse as defined in section
39.01, or to have a substantiated indicated report
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
juvenile court he is not considered as a parent. See: §
39.01(8), Fla. Stat., F.S.A. The appellant contends that
CopyCited 3 times | Published | Florida 5th District Court of Appeal
physical, mental or emotional health to be impaired." §
39.01(2), Fla. Stat. (1993). A child may be found to
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1805, 2003 WL 355280
...to personal jurisdiction. That section does not apply in this case, because appellant did not appear "in a hearing before the court"; he appeared outside the courtroom, before the hearing. Even the "liberal construction" of the statute allowed under section 39.001(9), Florida Statues (2001) does not allow us to ignore the boldfaced prepositions in the preceding sentence....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19802, 2003 WL 23095250
...In light of C.S., we next explore the relevant statutory language of Chapters 39 and 63 to determine how they are intended to work in tandem. Chapter 39 governs proceedings related to children, and its provisions are to be liberally construed based on Florida Statutes section 39.001(9)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...____" (emphasis supplied) Child contends the underlined portion means that the conditions are solely to be imposed in connection with the placement of the person with whom the child is to be placed. I do not read the underlined language as being so restricted. I must take into consideration the mandate of the Legislature in Section 39.001(3), that "This chapter be liberally interpreted and construed in conformity with its declared purpose." One of the declared purposes as set forth in Section 39.001(2)(b) is to assure that children who appear before the Court under this Chapter, be they delinquent or dependent, obtain the care, guidance and control-which will best serve the moral, emotional, mental and physical welfare of the chil...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1995 WL 749620
performance agreement with HRS, as defined in section
39.01, Florida Statutes. She later requested and received
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 132368
termination of parental rights pursuant to section
39.01, Florida Statutes, are important legal issues
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2 Educ. L. Rep. 314
was "a dependent child [within the purview of Section
39.01(9)(d)] for reason of ... persistent truancy"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 337892
Florida Statutes (Supp.1994). Furthermore, section
39.01(21) defines a disposition hearing as one in
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
sexual battery or sexual abuse as defined in Section
39.01, or chronic abuse.” §
39.806(1)(g), Fla. Stat
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
according to the definition of "abandoned" in section
39.01, Florida Statutes (1981), the father had abandoned
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2008, 1987 Fla. App. LEXIS 9891
insufficient to establish child abuse as defined by section
39.01(2), Florida Statutes (1985); second, that the
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 88837
Interest of R.W.,
495 So.2d 133 (Fla. 1986). Section
39.01, Florida Statutes, defines these terms as follows:
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 780382
undertaken when a child is abandoned as defined by section
39.01. A trial court may consider a parent's criminal
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1027006
abandoned, or neglected by the parents. See id.; §
39.01(14)(a) & (f), Fla. Stat. (2004). Abuse An abused
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1268817
welfare may support a finding of abandonment. §
39.01(1), Fla. Stat. (1997). Here, there simply is no
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...eir misconduct or because of neglect or mistreatment by those responsible for their care, the care, guidance, and control ... which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state." § 39.001(2)(d), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072
...e for the court to provide effectual relief.”). Chapter 39, Florida Statutes, entitled “Proceedings Relating to Children,” provides no authority for a Florida court to adjudicate an adult living in Florida to be a dependent child of the State. Section 39.001(l)(a), Florida Statutes, explains that the purpose of chapter 39 is “[t]o provide for the care, safety, and protection of children” and “to promote the health and well-being of all children under the state’s care.” Section 39...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 14629
discipline their children is legislatively recognized. §
39.01(2), Fla. Stat. (2010) (“Corporal discipline of
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2520683
responsibilities and constitutes abandonment under section
39.01, Florida Statutes (2005). In fact, on January
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 217858
State of Florida is the property of the state... ." § 39-1.002, Fla. Admin. Code. While that is a correct
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3040744
Mother: (1) abuse against D.Y., pursuant to section
39.01(2), Florida Statutes; and (2) prospective abuse
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
child's mental, physical or emotional health. §
39.01(45), Fla. Stat. (2000); V.G.. We also affirm the
CopyCited 2 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 811, 2000 Fla. LEXIS 1995
...9 Competent substantial evidence is tantamount to legally sufficient evidence. The Legislature has explained that a prime purpose of the Florida Juvenile Justice Act (the “Act”) is to guarantee to each child in Florida a safe and supportive home environment: 39.001 Purposes and intent.......
...afety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state’s care. § 39.001, Fla....
...(1) The purposes of this chapter are: [[Image here]] (d) To preserve and strengthen the child’s family ties whenever possible, removing the child from parental custody only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without such removal.... § 39.001, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
the first two sentences had long been part of section
39.01(1), as indeed the court in Doe itself observed
CopyCited 2 times | Published | Florida 1st District Court of Appeal
was a dependent child within the meaning of Section
39.01(10), Florida Statutes, F.S.A., the trial court
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2185436
when it does not result in harm to the child." §
39.01(2), Fla. Stat. Under the definition of harm, the
CopyCited 2 times | Published | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2816
In the chapter treating of juvenile courts, Section
39.01(10), Fla.Stat.1955, F.S.A. cites a dependent
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 59254
resulted in emotional abuse to S.B. and S.M.B. Section
39.01(2), Florida Statutes (Supp. 1990), reads: "`Abuse'
CopyCited 2 times | Published | Supreme Court of Florida
them (minors) as dependent or delinquent. F.S. §
39.01(10), F.S.A., defines dependent child as one "who
CopyCited 2 times | Published | Florida 4th District Court of Appeal
to be a delinquent child within the meaning of §
39.01(11) and (12)(b), F.S. 1971, F.S.A. By the same
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 186551
delinquency by the state attorney" (emphasis added). Section
39.01(9) states: "`Child who has been found to have
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 864262
circumstances. There are two provisions of Section
39.01 that apply to this case: "Child who is found
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 41 Educ. L. Rep. 389, 12 Fla. L. Weekly 1594, 1987 Fla. App. LEXIS 9115
of a handicapped child's education"). [5] Section
39.01(9). [6] "[O]nce a child has been lawfully declared
CopyCited 2 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321
...the trial courts in dependency and TPR proceedings:
Chapter 39 [of the Florida Statutes] defines its purpose as the
protection of children and the recognition that most families desire to
be competent caregivers and providers for their children.
§ 39.001(1)(a) and (b), Fla....
...r the best interests of
the children, the parent’s right to counsel, and numerous opportunities
over the course of the case to be in front of the court and relay any
concerns including those associated with their counsel.
§§
39.001(1)(l);
39.013;
39.0134;
39.402(8)(c);
39.701(1);
39.822,
Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 746647
*1111 abuse under section
39.01, Florida Statutes (1999). Abuse is defined in section
39.01(2) as "any willful
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 9449
...fect. The controlling nature of such statutes normally depends on the evident purpose of the legislature. Id. at 96,
78 S.Ct. 590. Chapter 39 is not a penal statute. Its purpose is "[t]o provide for the care, safety, and protection of children ...." §
39.001(1)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
"parent" did not include a legal guardian. See §
39.01(39), Fla. Stat. (1993) ("`Parent' means the natural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 803
...e care, safety, and protection of children .... [and][t]o ensure that permanent placement with the ... adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care for longer than 1 year,” § 39.001(l)(a), (l)(h), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 280318
grandfather for child support arrearages he owed. Section
39.01(1), Florida Statutes (2003) defines abandonment
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 48167
delinquents that is operated by the department." §
39.01(25), Fla. Stat. (1991). [2] Section 39.112 provides:
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1988 WL 12525
to provide for and communicate with the child. §
39.01, Fla. Stat. (1985). [3] custodial parent of a
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 355084
and neglect and adjudicated A.P. dependent. See §
39.01(14), Fla. Stat. (2001). The Mother fought the adjudication
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1840
...solution, even though one of the legislative purposes of chapter 39 is "[t]o make every possible effort, when two or more children who are in the care or under the supervision of the department are siblings, to place the siblings in the same home." § 39.001(1)(k), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
to be a dependent of the state pursuant to Section
39.01(9)(a), Florida Statutes (Supp. 1980). No useful
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 19324
...Additionally, one of the purposes of chapter 39 is “[t]o ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(h), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3734342
by the parent or parents or legal custodians." §
39.01(14)(f), Fla. Stat. (2006). Children who have not
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 134409
...sts of incarceration and rehabilitation, we hold that this interpretation violates the equal protection clause. One of the declared purposes of Chapter 39 (Florida Juvenile Justice Act) is the protection of society, as evidenced by language found in section 39.001(2), which speaks of the necessity for removal of a child from custody of his parents "only when his welfare or the safety and protection of the public cannot be adequately safeguarded without such removal......
CopyCited 2 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18237
pursuant to Chapter 39, Florida Statutes. See §
39.01(8) and 39.10(2). We accordingly affirm. ERVIN and
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 20786
...ere placed in foster care. To delay the proceedings indefinitely due to the mother's competency issues would deprive the children of their right to permanency and run contrary to the goal that no child remain in foster care longer than one year. See § 39.001(1)(h),(i), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2785
met because abuse was proven as defined in section
39.01(2), Florida Statutes (1983). That latter section
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2489095
of a "child who is found to be dependent" in section
39.01(14)(f), Florida Statutes (2003), includes children
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 508906
...the father. This court must avoid a construction of the statute that would lead to an absurd or unreasonable result. State v. Webb,
398 So.2d 820 (Fla. 1981). The purpose of chapter 39 is to provide for the care, safety, and protection of children. §
39.001, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 6942
Florida's Juvenile Justice System. See Fla.Stat.Ann. §
39.01 (10) and (11). Plaintiffs emphasize that they are
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 WL 3363381
"physical, mental or sexual injury" to the child. §
39.01(32)(i), (j), Fla. Stat. (2009). Here, the only
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 2285789
...the witnesses testify." A.D. v. Dep't of Children & Families,
837 So.2d 1078, 1080 (Fla. 5th DCA 2003). In the Department's administration of a child protection system, "[t]he health and safety of the children served shall be of paramount concern." §
39.001(1)(b)1., Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
who are destitute, homeless, neglected, etc., §
39.01 Fla. Stat. F.S.A. Thus, we cannot accept this argument
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1830108
Mother, constituting dependency pursuant to section
39.01(14)(a), Florida Statutes (2006), and that each
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 120832
rejected the natural mother's argument that section
39.01(26), Florida Statutes (1981), under which her
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
allegation of abandonment. The 2006 version of section
39.01(1) defines abandonment as: a situation in which
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 104008
...The court shall rank the options presented by the Department in order of the preference of the court. The recommendation of the court shall be reviewed by the Department and shall be given primary consideration... . . The recommendation of the court shall be followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that the legislature intended "that this Chapter be liberally interpreted and construed in conformity with its declared purposes." One such purpose is [t]o protect society more effectively by subst...
...ing for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions which are consistent with the seriousness of the offense is appropriate in all cases. Section 39.001(2)(a), Florida Statutes. § 39.001(2)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 WL 4104731
discipline their children is legislatively recognized. §
39.01(2), Fla. Stat. (2010) ("Corporal discipline of
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 635072
is equivalent to a dependency finding under section
39.01(36), Florida Statutes, which defines neglect
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 615490
...new amendments. This opinion cites to both statutory versions, although the pickup orders would have been issued under the new chapter. [3] See § 985.207(3), Fla. Stat.(1997); § 39.0471, Fla. Stat. (1995). [4] See §
985.03(29), Fla. Stat.(1997); §
39.001(33), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1998 WL 696947
other local community nonresidential programs. §
39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added)
CopyCited 1 times | Published | Florida 1st District Court of Appeal
State,
828 So.2d 1012, 1020 (Fla. 2002)). See also §
39.01(2), Fla. Stat. (drawing a distinction between non-abusive
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 4393239
necessity of filing a motion'to intervene. §
39.01(50), Fla. Stat. (2013). The trial court granted
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4753757
imminent abuse or neglect as provided for in section
39.01(14)(f), Florida Statutes (2007), because there
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 WL 4809058
evidence of abandonment, abuse, or neglect. Section
39.01(1) provides that "[t]he incarceration of a parent
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...One of the primary purposes
of the Juvenile Justice Act, however, is . . . ‘that the most appropriate
control, discipline, punishment and treatment can be administered’ with
‘the specific rehabilitation needs of the child[.]’” Id. (quoting § 39.001(1)(c),
Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 709, 1992 Fla. LEXIS 1869, 1992 WL 319938
agreement/permanent placement plan..., as defined in section
39.01, Florida Statutes, was offered to the parents;
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1517406
neglect to the child's sibling, as is required by section
39.01(11) of the Florida Statutes to establish dependency
CopyCited 1 times | Published | Supreme Court of Florida | 46 A.L.R. 5th 877, 19 Fla. L. Weekly Supp. 610, 1994 Fla. LEXIS 1842
that there shall be no more than eight levels. §
39.01(61), Fla.Stat. (Supp.1990). In D.P., the First
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2861101
that section was read in pari materia with section
39.01(47), Florida Statutes (2003).[1] The State responded
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 2600514
months or more pursuant to §
39.806(1)(e) and §
39.01(1) and (45), Florida Statutes (2003)." Further
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 WL 656407
noninstitutional quarters or to the child's home. §
39.01(16), Fla.Stat. (1995). Electronic monitoring is
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1262393
intervene as a participant in accordance with section
39.01(49) and Florida Rule of Juvenile Procedure 8
CopyCited 1 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16191
...nt shall be informed of the right to counsel, § 39.406; (4) The adjudicatory and disposition hearing are not to be held together without the prior consent of the parent, § 39.408(2); (5) Parties are entitled to procedures to insure a fair hearing, § 39.001(2)(d).
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
Stat. §
26.012 (2)(c), F.S.A., and Fla. Stat. §
39.01(1), F.S.A., which implement the new language of
CopyCited 1 times | Published | Florida 5th District Court of Appeal
the neglect and mistreatment prohibited by section
39.01(14)(a), Florida Statutes. There is no indication
CopyCited 1 times | Published | Florida 5th District Court of Appeal
consent to the surgery on L.B.'s behalf. Under section
39.01(70), Florida Statutes (2001), DCF has "the right
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 5545, 2000 WL 561839
...Thus, while the circuit court has inherent and continuing jurisdiction to entertain matters pertaining to child custody and to enter any order appropriate to a child's welfare, Henry & Rilla White Found., Inc. v. Migdal,
720 So.2d 568 (Fla. 4th DCA 1998); §
39.001 et seq., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 716142
issuing an order to take the child into custody. Section
39.01(68), Florida Statutes (2011), defines "shelter"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 817911
court to use that definition borrowed from section
39.01(30)(a)(4)e., Florida Statutes (2004).[1] We
CopyCited 1 times | Published | Florida 5th District Court of Appeal
contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare §
39.01(9), Fla. Stat. (1989). The new contempt provision
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 2491663
be in danger of being significantly impaired." §
39.01(43), Fla. Stat. (2006). Here, the court found that
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
be adjudicated delinquent. It is true that Section
39.01(9), Florida Statutes (1981) provides that truancy
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2388898
imminent abuse, abandonment, or neglect by B.A. See §
39.01(14)(f), Fla. Stat. (2007); R.F. v. Fla., Dep't
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 426420
"taken into custody" within the meaning of section
39.01(51), Florida Statutes (1993), and the delinquency
CopyCited 1 times | Published | Supreme Court of Florida
County, upholding the constitutional validity of Section
39.01(11), Florida Statutes, thereby vesting jurisdiction
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1486038
child's parent or parents or legal custodians." §
39.01(14)(a), Fla. Stat. Once such a probable cause finding
CopyCited 1 times | Published | District Court, N.D. Florida | 2005 U.S. Dist. LEXIS 35527, 2005 WL 1684402
....B. 1659, 107th Reg. Sess. (Fla.2005). On its face, the Act is consistent with the Legislature's purpose. The Act is also consistent with (a) the Legislature's long-recognized commitment to the welfare of families and children, see, e.g., Fla. Stat. § 39.001(1)(b) (among other things, the purpose of Florida's child welfare system is "[t]o preserve and strengthen the child's family ties whenever possible," and "[t]o recognize that most families desire to be competent caregivers and providers for...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 2801
without court approval, including medical care. Section
39.01(70) limits that care, though, to "ordinary medical
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 696
...to assure due
process through which children, parents, . . . and other interested parties
are assured fair hearings by a . . . respected court . . . and the recognition,
protection, and enforcement of their constitutional and other legal rights.”
§ 39.001(1)(l), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 703617
proved Veronica was neglected by Hroncich. Section
39.01(37) provides a description of neglect. `Neglect'
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
the case plan have been significantly remedied.” §
39.01(73); cf. N.F. v. Dep’t of Children & Family Servs
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 790
a willful rejection of parental obligations.” §
39.01(1). The Department is required to prove its case
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1498
in “substantial compliance,” as defined in section
39.01(71), it had to determine whether the problems
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 5411977
emotional health to be significantly impaired." §
39.01(2). Pursuant to subsections
39.01(31)(a) and (j)
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
(c) neglected as those terms are defined by Section
39.01, Florida Statutes (1979). The initial hearing
CopyCited 1 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4591
...Such construction is consistent with the purpose of juvenile proceedings, which are intended “to protect society more effectively by substituting for retributive punishment methods of training and treatment directed toward the correction and rehabilitation of children who violate the laws.” Section 39.001(1)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2451684
...We review this determination of the trial court using an abuse of discretion standard. Cf., Dep't of Children & Families v. T.L.,
854 So.2d 819 (Fla. 4th DCA 2003). We find no abuse of discretion in the trial court's denial of this order, particularly in view of section
39.001(1)(k), Florida Statutes (2005), instructing the courts to make "every possible effort" to place siblings in the same home....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
and ROTHENBERG, JJ. PER CURIAM. Affirmed. See §
39.01(15)(f), Fla. Stat. (2009); C.J. v. Dep't of Children
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 13812
abandonment, or neglect by the parent or parents.” §
39.01(14)(a), (f), Fla. Stat. (2004). “Abuse” is defined
CopyCited 1 times | Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 7088
being a delinquent child as defined in F.S. Section
39.01(11), F.S.A., as follows: “‘Delinquent child’
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 13592, 2006 WL 2345791
...Although the Florida Supreme Court did not say in M.W.,
756 So.2d at 106 (discussing need to “provide judicial and other procedures to assure due process through which children ... are assured fair hearings ... and the recognition, protection and enforcement of their constitutional and other legal rights”) (quoting §
39.001(l)(i), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 21946441
"Grandparent" is included in the definition of "relative." §
39.01(48), Fla. Stat. In the instant case, the department
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 193018
"nonresidential, residential, and secure residential." Section
39.01(61) Fla. Stat. (Supp. 1990). Moreover, because
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 1448511
with or being returned to the child’s parent.” §
39.01(73). In order to terminate parental rights, the
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...This rule is consistent with
legislative intent that dependency proceedings are not prolonged
so “that permanent placement with the biological or adoptive
family is achieved as soon as possible for every child in foster care
and that no child remains in foster care longer than 1 year.”
§ 39.001(1)(h), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5123
sufficient to prove dependency pursuant to section
39.01(15), Florida Statutes (2010). See Dep’t of Children
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 4764
convincing that A.S. abandoned J.A. as defined in section
39.01(1), Florida Statutes (2014), and within the
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5969
be in need of supervision as defined in F.S. section
39.01 (12) (a), F.S.A., and placing them under the
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 4992
...The court shall rank the options presented by the Department in order of the preference of the court. The recommendation of the court shall be reviewed by the Department and shall be given primary consideration. The recommendation of the court shall be followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that the legislature intended “that this Chapter be liberally interpreted and construed in conformity with its declared purposes.” One such purpose is [t]o protect society more effectively by s...
...ing for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions which are consistent with the seriousness of the offense is appropriate in all cases. Section 39.001(2)(a), Florida Statutes. § 39.001(2)(a), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal
162 So. 3d 335, 339 (Fla. 4th DCA 2015) (citing §
39.01(1), Fla. Stat. (2014)). AFFIRMED, in part
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18052
By that enactment, the Legislature amended Section
39.01 by adding subsection (36) defining “training
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 16231
child’s parent or parents or legal custodians[.]” §
39.01(14)(a). “ ‘Abuse’ means any willful act or threatened
CopyPublished | Supreme Court of Florida
...methods while the rate agreement is still effective. See, e.g.,
Citizens of State v. Graham (Citizens II),
213 So. 3d 703, 714 (Fla.
- 27 -
considered by the Legislature to be an expedited timeframe in other
contexts. See, e.g., §
39.001(1)(h), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9612
the child and the best interests of the state.” § 39.-001(2)(d), Fla.Stat. (1991). B.J.M. has alleged that
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 422, 1984 Fla. LEXIS 3420
Appeal affirmed the adjudication of delinquency. Section
39.01(9), Florida Statutes (1981), defines a dependent
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 2714277
injury" was defined in a closely related statute, section
39.01(44), Florida Statutes (Supp.1998), which under
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2627, 1985 Fla. App. LEXIS 16043
dependent but did not specify grounds contained in section 39.-01(9), Florida Statutes (Supp.1984), and (2) reserved
CopyPublished | Florida 1st District Court of Appeal
Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. §
39.01 et seq. Brinkhoff's said petition is in two counts
CopyPublished | Supreme Court of Florida
Chapter 26880, Sec. 3, Laws of Florida 1951, F.S.A. §
39.01 note. The acts which apply to the Juvenile and
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 2735807
child abuse is guilty of a third-degree felony. Section
39.01(27) defines "false report" as "a report of abuse
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15505
a definition of parent but rather refers to section
39.01(49), Florida Statutes (2004), which defines
CopyPublished | Florida 1st District Court of Appeal
...ct limitations
to protect J.F. and F.S., and other acts detailed in the trial court’s
order were caused by poverty or any deficiency in DCF’s efforts to
reunify the family.
Time is of the essence for permanency of the children. See,
e.g., § 39.001(1)(h), Fla....
...But this proposal ignored all
four children’s need for permanency and long-term stability. The
older children’s serious mental health issues caused by A.P.’s
actions and the stress of uncertainty in their situations shows why
public policy favors permanence and security for the children. See
§§
39.001(1)(h),
39.0136, Fla....
CopyPublished | Florida 4th District Court of Appeal
...2d 1046, 1049 (Fla.
4th DCA 2004).
NUTT, JAMES, Associate Judge, concurs.
MAY, J., dissents with opinion.
MAY, J., dissenting.
I respectfully dissent. Florida has a goal for permanent placement of
children as soon as possible and that “no child remains in foster care
longer than one year.” §39.001(1)(h), Florida Statutes (2018)....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859
agreement/permanent placement plan. as defined in section
39.01, Florida Statutes, has been offered-to the-parents
CopyPublished | Florida 1st District Court of Appeal
...Stat.
Thus, we find that the trial court did not err in holding that the
Department proved termination under section
39.806(1)(c) was
appropriate. Additionally, as found by the trial court, to delay
permanency any further would only cause further harm to the
child, which is contrary to the purpose of the chapter. See §
39.001(1)(h), Fla....
CopyPublished | District Court of Appeal of Florida
Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. §
39.01 et seq. Brinkhoff’s said petition is in two counts
CopyPublished | Supreme Court of Florida
Florida, amended the definition of “party” in section
39.01(61), Florida Statutes (2023), by removing the
CopyPublished | District Court of Appeal of Florida
the statutory definition for abandonment. See §
39.01(1), Fla. Stat. (2019). Additionally, the court
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 524, 1998 Fla. LEXIS 1897
other local community nonresidential programs. §
39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added)
CopyPublished | Florida 3rd District Court of Appeal
. . . being returned to the child’s parent.” §
39.01(84), Fla. Stat. (2021). This ground comes with
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3689
finding that the child was dependent under F.S. § 39.-01(10), F.S.A. This adjudication was not challenged
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16467
above certified question. Effective July 1, 1974, §
39.01, Florida Statutes, changed the definition of “child”
CopyPublished | Florida 4th District Court of Appeal
with or being returned to the child’s parent.” §
39.01(78), Fla. Stat. (2018). “Conversely, the lack of
CopyPublished | District Court of Appeal of Florida
under tight control. As pertinent here, section
39.01(47), Florida Statutes (2018), defines “medical
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 14914, 2003 WL 22259828
...ty, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state’s care.” § 39.001(l)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal
father. See §
39.01(15)(f), Fla. Stat. (2015); see also §
39.01(2) (defining “abuse”
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 17955
Mother: (1) abuse against D.Y., pursuant to section
39.01(2), Florida Statutes; and (2) prospective abuse
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805
involving juvenile sexual abuse as defined in section 39=01-(-76)985.03(33), Florida Statutes. Placement
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2398, 1985 Fla. App. LEXIS 16418
...rida constitutions. U.S. Const, amend XIV, § 1; art. I, § 9, Fla. Const.; § 39.408, Fla.Stat. (Supp.1984); § 39.409, Fla.Stat. (1983); A.T.P. v. State,
427 So.2d 355 (Fla. 5th DCA 1983); A.Z. v. State,
383 So.2d 934 (Fla. 5th DCA 1980). See also §
39.001(2)(d), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18000
...those responsible for their care, the care, guidance, and control, preferably in each child’s own home, which will best serve the moral, emotional, mental, and physical welfare of the child and the best interests of the state. [Emphasis supplied.] § 39.001(2)(b). The Act is to be liberally interpreted and construed in conformity with its declared purposes. § 39.001(3)....
CopyPublished | Florida 1st District Court of Appeal
in my view, not supported by the evidence. See §
39.01(15)(f), Fla. Stat. (2014). The last verified report
CopyPublished | Florida 5th District Court of Appeal
been or is likely to be severely compromised.” §
39.01(34)(g)2., Fla. Stat. (2022). Accordingly, we reverse
CopyPublished | Florida 5th District Court of Appeal
grandparents legally adopted R.W. III. Under section
39.01(56), Florida Statutes (2021), if a child is
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 18109
court’s finding of dependency.” We agree. “Under section
39.01(14)(f), a child may be found dependent if the
CopyPublished | Florida 5th District Court of Appeal
defined an “imminent” risk of child abuse under section
39.01, Florida Statutes, as a danger “about to occur”
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 16063
evidence of abandonment, abuse, or neglect. Section
39.01(1) provides that “[t]he incarceration of a parent
CopyPublished | Florida 1st District Court of Appeal | 1993 WL 405182
Duval House, a halfway house, as defined in section
39.01(25), Florida Statutes (1989). The issue on appeal
CopyPublished | District Court of Appeal of Florida
adjudged delinquent within the meaning of Fla.Stat. §
39.01(11), F.S.A. and was ordered committed. The adjudication
CopyPublished | Florida 3rd District Court of Appeal | 2007 WL 2935447
age of seventeen at the time of the crime. See §
39.01(6), Fla. Stat. (1967). A person who had attained
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 14777
...The Department’s motion for stay filed in the trial court was denied, as was its motion for stay filed in this court. Therefore, it appears that the children were finally reunited with their father in April 2003. The Department is charged by the legislature with providing for the care, safety, and protection of children. § 39.001(l)(a), Fla....
...Stat. (2001). While pursuing this objective, the Department is to “intrude as little as possible into the life of the family, be focused on clearly defined objectives, *1090 and take the most parsimonious path to remedy a family’s problems.” § 39.001(l)(b)(S)....
...In addition, as the Department often reminds this court, the Department is to “ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(l)(h)....
CopyPublished | Florida 2nd District Court of Appeal
abandonment, or neglect.' " (citing §
39.01(15)(a), (f), Fla. Stat. (2015))). As additional
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11522
the first two sentences had long been part of section
39.01(1), as indeed the court in Doe itself observed
CopyPublished | Florida 1st District Court of Appeal
...rests of the
parent or the correction of a parent’s bad behavior. From beginning
to end, proceedings under chapter 39 are centered on the
protection and welfare of the child, balanced against the right of a
parent to be a parent to that child. See § 39.001(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
emotional health to be significantly impaired." §
39.01(2). Sexual abuse of a child is defined as "[t]he
CopyPublished | Florida 2nd District Court of Appeal
abandonment, or neglect by the parent or parents." §
39.01(15)(f). Abuse is defined in part as "any
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2623
...After reviewing the home studies and hearing comments from the parties, the court entered an order granting the father "physical custody of said children ... with legal custody to remain in the State of Florida, Department of Health and Rehabilitative Services." No disposition was made with respect to the third child. Section 39.001(2)(d), Florida Statutes (1983), recognizes that chapter 39 juvenile proceedings must accord with constitutional standards of fundamental fairness....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16159
with directions to discharge him. Reversed. . §
39.01(10), Fla.Stat. (1977). ‘“Delinquent child’ means
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16226
in danger of being significantly impaired. See §
39.01(44), Fla. Stat. (2015); A.W. ex rel. B.W. v. Dep’t
CopyPublished | Florida 4th District Court of Appeal
regardless of where the violation occurred”. Section
39.01(11), F.S. 1971, F.S.A. A violation of law is
CopyPublished | District Court of Appeal of Florida
involved are dependent children within the meaning of §
39.01, Fla.Stat., F.S.A. Appellant urges that such a
CopyPublished | District Court of Appeal of Florida
was a “dependent” child within the meaning of Section
39.01(10), Florida Statutes, F.S.A., and that the
CopyPublished | Florida 5th District Court of Appeal
based on abandonment, which is *377defined in section
39.01(1), Florida Statutes (2017), as "a situation
CopyPublished | Florida 5th District Court of Appeal
based on abandonment, which is *377defined in section
39.01(1), Florida Statutes (2017), as "a situation
CopyPublished | Florida 2nd District Court of Appeal
abuse, abandonment, or neglect.” See §
39.01(15)(a), (f), Fla. Stat. (2015). We review a dependency
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2652, 1989 Fla. App. LEXIS 6467
The statutory definition of abuse is found in section
39.01(2) and means “any willful act that results in
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 11928
noninstitutional quarters or to the child’s home. §
39.01(16), Fla.Stat. (1995). Electronic monitoring is
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 11920
to be the only “training schools” in Florida. §
39.01(74), Fla.Stat. (1995). It is clear that the Manatee
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4602
as “a child who commits a violation of law.” Section 39.-01(12), Florida Statutes (1975). . The first
CopyPublished | District Court of Appeal of Florida
seen her mother 3 Abandonment is defined in §
39.01(1), in relevant part, as follows:
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2463, 1985 Fla. App. LEXIS 16623
that the mother had abandoned the children, section
39.01(1), Florida Statutes (1983), had failed to substantially
CopyPublished | Florida 1st District Court of Appeal
motions to dismiss submitted by the appellees. See §
39.01(12), Fla. Stat. (defining “child” and “youth” to
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3433
the said minors were dependent children under Section 39.-01, Florida Statutes, F.S.A., and placed them
CopyPublished | Florida 6th District Court of Appeal
imminent abuse, abandonment, or neglect”), with §
39.01(14), Fla. Stat. (defining dependent child as, inter
CopyPublished | Florida 3rd District Court of Appeal
child’s parent or parents or legal custodians.” §
39.01(15), Fla. Stat. (2017). “Neglect,” in turn, encompasses
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 4253
...not trained to deal with D.J.’s medical issues. Each of these actions by the Department, which the De *754 partment did not dispute at the hearing, establishes that the Department was in an adversarial relationship with the Mother, in violation of section 39.001(l)(b)(2), which states that the Department “should engage families in constructive, supportive, and nonadversarial relationships.” In April 2007, after denying the Department’s request for yet another continuance and after consid...
...lack of training. As justifiably troubled as the trial court was by the Department’s handling of this case, it did not lose track of the paramount goal of chapter 39 proceedings: “[t]o provide for the care, safety, and protection of children.” § 39.001(l)(a)....
...D.J.’s medical needs was not an abuse of discretion. Sadly, the Department’s handling of this case distorted the manner in which the goals of chapter 39 are to be pursued: through “constructive, supportive, and nonadversarial relationships,” § 39.001(l)(b)(2), that “intrude as little as possible into the life of the family,” § 39.001(l)(b)(3)....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 4247
intervene as a participant in accordance with section
39.01(49) and Florida Rule of Juvenile Procedure 8
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19281
strengthen the child’s family ties whenever possible.” §
39.001(2)(c), Fla.Stat. (1981). Hard cases make bad law
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14751
charge is within the definitions contained in Section
39.01(9) of the 1978 Florida Juvenile Justice Act
CopyPublished | Florida 4th District Court of Appeal
...give
her another case plan. DCF and the GAL point out that one of the primary
goals of chapter 39 is to ensure the child’s permanent placement with his
biological or adoptive family and that no child remains in foster care for
more than one year. § 39.001(1)(h), Fla....
CopyPublished | Florida 3rd District Court of Appeal
(1) the mother abandoned L.W., as defined in section
39.01(1); and (2) L.W. is “at a substantial risk of
CopyPublished | District Court of Appeal of Florida
return of the children into the home. §
39.01(2), Fla. Stat. (2022) (emphasis added).
CopyPublished | Florida 5th District Court of Appeal
reasonably resulted in serious injury to the child. See §
39.01(35)(i), Fla. Stat. (2019). We reverse the
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19938
control. We answer the question in the negative. Section
39.01(10), Florida Statutes (1979), defines “community
CopyPublished | Florida 3rd District Court of Appeal
neglect and abuse (section
39.01(15)(f), Florida Statutes (2015)) and harm (section
39.01(30)(1)). The petition
CopyPublished | Florida 3rd District Court of Appeal
abuse, abandonment, or neglect” by the mother. §
39.01(14)(a), (f), Fla. Stat. (2021); see also C.W.,
CopyPublished | Florida 4th District Court of Appeal
risk of imminent abuse, abandonment, or neglect.” §
39.01(14)(a), (f), Fla. Stat. (2023). To the extent
CopyPublished | Florida 4th District Court of Appeal
positive relationship with the child, or both.” §
39.01(1), Fla. Stat. (2018). Conduct leading to 1 The
CopyPublished | Florida 2nd District Court of Appeal
...Juv. P. 8.305(b)(3). Although Florida courts recognize the importance of a parent's
right to enjoy custody of his or her children, our courts have authority to do all things
reasonably necessary to protect children within their jurisdiction. See § 39.001(1)(b)(1),
Fla. Stat. (2015). With these concerns in mind, a trial court should remove a child from
the parents only "when his or her welfare cannot be adequately safeguarded without
such removal." § 39.001(1)(f).
After finding probable cause to shelter Le.H., the trial court effectively
failed to apply the proper probable cause standard in deciding whether to shelter Le.H.'s
two siblings....
...There was evidence sufficient to meet the
-5-
probable cause requirements of section
39.402 based on testimony of the CPI that,
unfortunately, there was no adequate way to safeguard the children without sheltering
them from their parents. See §
39.001(1)(f)....
CopyPublished | Florida 5th District Court of Appeal
mother subjected A.D. to abuse as defined by section
39.01(2), Florida Statutes (2015). We agree and reverse
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General (ls) 1 Section
39.01(9), F.S., defines "[c]hild who has committed
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7220
is lawful unless it crosses the line to abuse. §
39.01(2), Fla. Stat. (2003); Raford v. State, 828 So
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1698760
an abuse of discretion). VI. Applicable Law Section
39.01(15)(f), Florida Statutes (2010), requires a
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 7009
risk of imminent abuse, abandonment, or neglect. §
39.01(14), Fla. Stat. (2000); In the Interest of D.J
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5097
term “restrictiveness level” is defined in Section
39.01(61), as follows: “Restrictiveness level” means
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 2922
Mother had harmed the child as a matter of law. §
39.01(30)(g), Fla.Stat. (1999) (defining “harm” as including
CopyPublished | Florida 6th District Court of Appeal
authority to seek relief on K.H.’s behalf. See §
39.01(58), Fla. Stat. (2022) (defining “party” in the
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12141
dependency under Florida’s Juvenile Justice Act (Section
39.01(9)), they should be consistently treated as
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652
sufficient evidence of abandonment as defined in section
39.01(1), Florida Statutes. The trial court accepted
CopyPublished | Florida 3rd District Court of Appeal
...in the trial court’s consideration when deciding whether harm to these
children was imminent.
4
We emphasize that the primary purpose of a petition for dependency
is to protect the children, not to punish the parents. See § 39.001, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 2685, 2004 WL 401743
...In fact, the specific reason that Detective Lofton gave for playing the tape for the father and daughter was to determine the identity, or name, of the caller. A paramount concern of chapter 39 is the health and safety of children and the corresponding protection of children from abuse, abandonment, and neglect. See § 39.001(l)(b)(l), (3)(a)....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 4926
adversely affected by such usage.’ ” (quoting §
39.01(32)(g)2., Fla. Stat. (2011))). Therefore,
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3682
...re to protect and promote the well-being of persons being adopted and their birth and' adop- *756 live parents and to provide to all children who can benefit by it a permanent family life, and, whenever possible, to maintain sibling groups. See also § 39.001 (k), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 293233
that the child *25 was dependent as defined in section
39.01(10), Florida Statutes (1987), and also decided
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7065
child who commits a violation of law.” See, F.S. §
39.01(11) (1971), F.S.A. It therefore follows that, if
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2901
contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare §
39.01(9), Fla.Stat. (1989). The new contempt provision
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 4339
the program has been appointed, and the child. §
39.01(50). Rather, a legal custodian is included under
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1925
..., whether constitutional or statutory, provided such waiver is not contrary to public policy.” 21A Am.Jur.2d Criminal Law § 633 (1981) (footnotes omitted). Appellant’s waiver in the case at bar is consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987)....
...(7), Florida Statutes (1975) (since renumbered section 39.-05(6)), are mandatory; therefore a petition filed out of time must be dismissed. S.R., unlike the present case, did not involve a juvenile’s voluntary waiver of the speedy petition time. . Section 39.001(2)(a) provides that the legislative intent underlying chapter 39 includes protection of society "by substituting for retributive punishment, whenever possible, methods of offender rehabilitation.”
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2739
Chapter 39 governing juvenile proceedings. First, section
39.01(28), Florida Statutes (1995), defines disposition
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18954
constitutional standard of fundamental fairness.” § 39.-001(2Xe), Fla.Stat. (1979). The requirement unquestionably
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3924
or *720being returned to the child's parent.” §
39.01(71) (emphasis added); see also R.F. v. Dep’t of
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 782, 1988 Fla. App. LEXIS 1157
of “abandonment” in Florida is that found in section
39.01(1), Florida Statutes (1985): (1) “Abandoned”
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3866
indigent juve*710niles in proceedings under Section
39.01(11), Florida Statutes. It appears that the question
CopyPublished | Florida 3rd District Court of Appeal
... These facts may not be viewed as static. Instead, the events occurring
in the six months preceding the filing of the dependency case are controlling.
Thus, there is no overlap in analysis.
Finally, the safety of children in our state is of paramount concern. See
§ 39.001(b)1., Fla....
CopyPublished | District Court of Appeal of Florida
and not by institutions. We disagree. Section
39.01 is the definitions section for Chapter 39 “Proceedings
CopyPublished | Florida 3rd District Court of Appeal
"child" at the time of the alleged violation, see §
39.01(7), Fla. Stat. (1981), is convicted upon retrial
CopyPublished | Florida 5th District Court of Appeal | 2003 WL 1386707
emotional health to be significantly impaired. §
39.01(2), Fla. Stat. "Harm" includes engaging in violent
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 429071
...best interests of the children to be returned to their mother. To require that the children remain in foster care pending resolution of the Department's appeal under these circumstances *512 would not serve the purposes of chapter 39 as reflected in section 39.001. In particular, the legislative directive set out in section 39.001(1)(h), that no child remain in foster care longer than one year, has already been thwarted by the fact that the children have been in foster care since April 16, 1998....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 3584
...interests of the children to be returned to their mother. To require that the children remain in foster care pending resolution of the Department’s appeal under these cireum- *512 stances would not serve the purposes of chapter 39 as reflected in section 39.001. In particular, the legislative directive set out in section 39.001(l)(h), that no child remain in foster care longer than one year, has already been thwarted by the fact that the children have been in foster care since April 16, 1998....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19137
filed against her was insufficient. We agree. Section
39.01(9), Florida Statutes, (1981), provides in relevant
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2478
...One of the primary purposes of the Juvenile Justice Act, however, is to “ensure the protection of society, by providing ... that the most appropriate control, discipline, punishment and treatment can be administered” with “the specific rehabilitation needs of the child-”. § 39.001(l)(e), Fla....
...The act further provides that control and guidance are to be administered in a manner to assure “the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests ... are adequately protected.” § 39.001(l)(a), Fla.Stat.(1995)....
CopyPublished | District Court of Appeal of Florida
with or being returned to the child’s parent.” §
39.01(84), Fla. Stat. Recognizing “that most families
CopyPublished | Florida 4th District Court of Appeal
2 107, 116 (Fla. 4th DCA 2019) (quoting §
39.01(77), Fla. Stat. (2016)).1 Applying that definition
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 3698
that J.R. had abandoned his son as defined in section
39.01(1), which states: “The incarceration of a parent
CopyPublished | Florida 5th District Court of Appeal
return of the children into the home. §
39.01(2), Fla. Stat. (2024). Florida Rule of Juvenile
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 683, 1989 Fla. App. LEXIS 1369
...Although juvenile matters are criminal in nature, they are separate proceedings with goals which differ from those established in criminal matters. State v. C.C.,
476 So.2d 144 (Fla.1985). The goal of the Florida Juvenile Justice Act is rehabilitation rather than retribution. See §
39.001(2), Fla.Stat....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 118, 1997 Fla. LEXIS 308
restitution by a preponderance of the evidence. . Section 39.1 l(l)(g) stated, in pertinent part, that: [The
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 3400, 2015 WL 1044221
...and did, interfere with DCF’s express governmental function of protecting
5DCF’s former director of operations in South Florida testified at trial that DCF
maintains custody of a dependent child along with the temporary custodian.
6 See §§
20.19(1)(a),
39.001(1)(b)(1),
39.4085, and
39.521(1)(b)3., Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468
phrases (abuse against a child as defined in section
39.01) is susceptible to judicial determination and
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 20201
abandoned the children within the meaning of Section
39.01, Florida Statutes (1981). See In the Interest
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6087
delinquency by the state attorney” (emphasis added). Section
39.01(9) states: “ ‘Child who has been found to have
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15695
juvenile traffic offense as defined in Florida Statute 39.-01(29). Thus, we are solely concerned with
CopyPublished | Supreme Court of Florida | 1973 Fla. LEXIS 5042
need of supervision”, as defined in Fla.Stat. § 39.-01(10) (a), F.S.A. Respondents have refused to exercise
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 6701
custody and care needs of committed children.” §
39.01(59), Fla.Stat. (1995). An increase in the level
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6691
is a “low-risk residential” classification. Id. §
39.01(61)(b).7 J.M. has appealed. At oral argument of
CopyPublished | Florida 4th District Court of Appeal
grandparents’ due process claim, we first note section
39.01(60), Florida Statutes (2024), allows the actual
CopyPublished | Florida 4th District Court of Appeal
grandparents’ due process claim, we first note section
39.01(60), Florida Statutes (2024), allows the actual
CopyPublished | District Court of Appeal of Florida | 1958 Fla. App. LEXIS 2949
Statutes, F.S.A., provides for juvenile courts. Section
39.01 provides that a juvenile court means any court
CopyPublished | Supreme Court of Florida | 2016 WL 3450481
in-effect at the time-of the alleged offense. See §
39.01 Fla.Stcdr Give as applicable.
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 9598
neglected the child, as those terms are defined in section
39.01(2) and (44), Florida Statutes (2009). Some of
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 2462959
neglected the child, as those terms are defined in section
39.01(2) and (44), Florida Statutes (2009). Some of
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 8586
PER CURIAM. Appeal No. 5D01-2520 AFFIRMED. See §
39.01(30)(i), Fla Stat. (2000); D.D. v. D.C.F., 773 So
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 8550
the child was “abandoned, abused, or neglected,” §
39.01(14)(a), Fla. Stat. (2003), or that the child is
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 6700
...n a juvenile proceeding “may not exceed” the financial capabilities of the offender and the parents. Due to the youth of the offender, Chapter 39 imposes this limitation on the restitution required by section
775.089 Florida Statutes (1995). See §
39.001(l)(e), Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19633
be adjudicated delinquent. It is true that Section
39.01(9), Florida Statutes (1981) provides that truancy
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 8470
imminent abuse, abandonment, or neglect by B.A. See §
39.01(14)(f), Fla. Stat. (2007); R.F. v. Fla., Dep’t
CopyPublished | Supreme Court of Florida
who qualifies as “fictive kin.” As defined in section
39.01, Florida Statutes, fictive kin means a person
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
Florida Statutes. As the Legislature stated in section
39.001(6), Florida Statutes (1998 Supplement): "The
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7331
properly limited to adult criminal cases. See §
39.01(9), Fla.Stat. (1993) (adjudication of delinquency
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 12381
an abandonment as that term was defined in section
39.01(1), Florida Statutes (1984). The abandonment
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7969
“taken into custody” within the meaning of section
39.01(51), Florida Statutes (1993), and the delinquency
CopyPublished | Florida 1st District Court of Appeal
...5
“are, ultimately, the main difference between this case and
prisoner cases such as Reddish and Davis.” Id. at 102 n.1; see also
State Dep’t of Health & Rehab. Servs. v. Whaley,
531 So. 2d 723,
729 (Fla. 4th DCA 1988) (explaining that section
39.001(2)(b) and
(c) impose a duty of care on HRS when a child is directly in the
care of HRS).
The supreme court similarly held that HRS could be sued in
negligence for breaching a statutory duty when it failed to place an
infant into protective care....
CopyPublished | Florida 5th District Court of Appeal
failed to protect the children pursuant to section
39.01(37)(j), Florida Statutes. In all other respects
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11087
determination was based on prospective neglect, §
39.01(15)(f), Fla. Stat. (2009), the circuit court finding
CopyPublished | Florida 3rd District Court of Appeal
placement for the child in dependency cases.” §
39.01(24), Fla. Stat. In its written disposition order
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3976
County, upholding the constitutional validity of Section
39.01(11), Florida Statutes, thereby vesting jurisdiction
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9486
...g whether a child should be adjudicated delinquent and committed to the Department, the trial court consider (among other things) “[t]he seriousness of the offense to the community” and the need to protect the community from the child. Moreover, section 39.001(l)(c), Florida Statutes (Supp.1996), identifies “the protection of society” as one of the principal purposes of chapter 39, and section 39.002(3), Florida Statutes (1995), states that the first priority of the state juvenile justic...
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 2061282
defined in section
39.01(2) or "neglect" as defined in section
39.01(45). Pursuant to section
39.01(2), "abuse"
CopyPublished | Florida 5th District Court of Appeal
for Dependency for the Children pursuant to section
39.01(14)(a), (e), and (f), Florida Statutes.
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2811785
were not parties to the proceeding below. See §
39.01(50), Fla. Stat. (2007) (limiting the definition
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2772
are aware that the 1980 legislature amended section
39.01, Florida Statutes, to include a definition of
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 11078
minor son, F.J.G.M., dependent as defined in section
39.01(15) of the Florida Statutes. If adjudicated
CopyPublished | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 376, 1995 Fla. LEXIS 1167
line of cases, and, indeed, made explicit in section
39.01(1), Florida Statutes (1993), abandonment means
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6870
“parent” did not include a legal guardian. See §
39.01(39), Fla. Stat. (1993) (“‘Parent’ means the natural
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10731
...and safe custody; to promote the health and well-being of
all children under the state’s care; and to prevent the
occurrence of child abuse, neglect, and abandonment.
4
See 39.001(1)(a), Fla....
...tion of the term dependency
pursuant to chapter 39.
In ordinary dependency cases, chapter 39 charges courts with the
responsibility to ensure that children under its jurisdiction are cared for in a safe
and secure environment. See, e.g., § 39.001(1)(a), Fla....
...We correctly decline to subordinate ourselves to the
whim of the United States Congress in this case. The purpose of the dependency
laws of this state is to protect and serve children and families in need, not those
with a different agenda.3
3 Section 39.001 of the Florida Statutes provides a lengthy list of purposes, the first
of which is “[t]o provide for the care, safety, and protection of children.”
Assistance to the United States Citizenship and Immigration Services is not one of
them....
CopyPublished | Florida 4th District Court of Appeal
positive relationship with the child, or both.” §
39.01(1), Fla. Stat. (2020). To “establish or maintain
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 606, 2000 Fla. LEXIS 1461, 2000 WL 963895
...(42) Criminal cases should prevail over civil cases. (¿3) Jury trials should prevail over non-jury trials. (44) Appellate arguments, hearings, and conferences should prevail over trial court proceedings. (45) The case in which the trial date has been first set should take precedence. . See, e.g., § 39.001 (h) — (j), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 9620
before us does not support such a conclusion. See §
39.01(1), Fla. Stat. *1067(2000); Webb v. Blancett, 473
CopyPublished | Supreme Court of Florida | 1974 Fla. LEXIS 3697
Florida, effective July 1, 1974, amending Fla. Stat. §
39.01(6), F.S.A., and changing the definition of “child”
CopyPublished | District Court of Appeal of Florida
provide a complete analysis of this situation. Section
39.01(27), Florida Statutes (1985) defines neglect
CopyPublished | Florida 4th District Court of Appeal
welfare may support a finding of abandonment. §
39.01(1), Fla. Stat. (2016) (emphasis added). “The
CopyPublished | Florida 5th District Court of Appeal
incarcerated as a result of his arrests. 2 Section
39.01(30)(g), Florida Statutes (2016), provides that
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 1258
incarcerated as a result of his arrests. . Section
39.01(30)(g), Florida Statutes (2016), provides that
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 145, 1986 Fla. App. LEXIS 5886
ability to care for the children were raised. Section
39.01(1) defines “abandoned” as a period of six months
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 427, 1987 Fla. App. LEXIS 6507
child was a “dependent child” as defined by section
39.01(9), Florida Statutes (1985). Prior to any valid
CopyPublished | Florida 3rd District Court of Appeal
challenged only two of the statutory grounds—(1) section
39.01(35)(g)2., which pertains to “harm” “to a child’s
CopyPublished | District Court of Appeal of Florida
appointed.” Fla. R. Juv. P. 8.210(a); see also §
39.01(58), Fla. Stat. (2021). Participants are defined
CopyPublished | Court of Appeals for the Eleventh Circuit
Restatement (Third) of Restitution and Unjust Enrichment § 39(1). The Restatement’s comments make clear that §
CopyPublished | Court of Appeals for the Eleventh Circuit
Restatement (Third) of Restitution and Unjust Enrichment § 39(1). The Restatement’s comments make clear that §
CopyPublished | Florida 2nd District Court of Appeal
...s rights. All of these appeals and petitions 2 have thwarted section 39’s stated legislative intent to insure that J.T.’s permanent placement with her biological or adoptive family is achieved within one year of her placement into foster care. § 39.001(l)(h)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14100
pursuant to ch. 73-231, § 23, Fla.Laws, which amended §
39.01(6), F.S.1973, to extend jurisdiction to 17 year-olds
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5215
adjudicated the child dependent. See Fla.Stat.1965, §
39.01(10), F.S.A. The Juvenile Court awarded temporary
CopyPublished | Florida 4th District Court of Appeal
...We are cognizant that the mother is a victim of domestic violence, not
the perpetrator. Nevertheless, the primary purpose of a petition for
4
dependency is to protect the child, not to punish the caregiver. § 39.001,
Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 45
1975), this court addressed the intent behind section
39.01(9), Florida Statutes (Supp.1974), which contains
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 264
grandfather for child support arrearages he owed. Section
39.01(1), Florida Statutes (2003) defines abandonment
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 490
custodians capable of providing supervision and care.” §
39.01(15)(e), Fla. Stat. (2015). There was undisputed
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 296
child’s parent or parents or legal custodians.” §
39.01(14)(a), Fla. Stat. (2001). “[T]he trial court’s
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14713
concur. . “Detention care” is defined in Fla.Stat. §
39.01(17) (1973) as “the temporary care of children in
CopyPublished | Florida 3rd District Court of Appeal
...st best
interests of the child.”).
Although not necessary to our decision, we note as an aside that the
maternal aunt and uncle, who have been acting as K.C.’s caregivers for the
last two and a half years, are willing to adopt K.C. See § 39.001(1)(h), Fla.
Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 143
the court may declare the child to be abandoned. §
39.01(1), Fla. Stat. (1999). We first note that the evidence
CopyPublished | District Court of Appeal of Florida
dependent children within the meaning of Fla. Stat. §
39.01(10), F. S. A. On this appeal, it is first urged
CopyPublished | District Court of Appeal of Florida
Fla. R. Juv. P. 8.210 (emphasis added); see also §
39.01(57), (58), Fla. Stat. (2022). With respect
CopyPublished | Florida 4th District Court of Appeal
neglect of the children within the meaning of section
39.01(15)(a), Florida Statutes (2017). We affirm the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 337, 1985 Fla. App. LEXIS 12299
committed a delinquent act in violation of section
39.01(8), Florida Statutes (1983), and committed her
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 381338
...is contrary to the provisions of the pertinent statutes and the clear legislative intent
of chapter 39.4
Granted, it is possible to find a child dependent based on one parent’s
actions. But to construe the definition of dependency in section
39.01(15)(a) as
4
Section
39.001, Florida Statutes, sets out at length and in detail the legislative
purpose and intent of chapter 39. The “paramount concern” of the statutory
scheme is child safety, particularly safety from abuse, abandonment, and neglect.
§
39.001(1)(b)&(3), Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 68, 1988 Fla. LEXIS 158, 1988 WL 9838
A child who is found to be dependent is, under §
39.01, Florida Statute, a minor who has been abandoned
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 446, 1987 Fla. App. LEXIS 6622
custody. “Taken into custody” is defined by Section
39.01(33), Florida Statutes (1985), as meaning the
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2968, 2016 WL 869317
...Chapter 39, Florida Statutes, governs “Proceedings Relating to Children.” One of the purposes of that chapter is “[t]o ensure that permanent placement with the biological or adoptive family is achieved as soon as possible for every child in foster care and that no child remains in foster care longer than 1 year.” § 39.001(l)(h), Fla....
...“[F]or both the department and the courts, the paramount concern is expeditiously achieving permanent stability for the children, specifically, -achieving permanent placement within one year,” B.Y. v. Dep’t of Children & Families,
887 So.2d 1253, 1256 (Fla.2004) (citing section
39.001); see also C.M....
CopyPublished | Florida 2nd District Court of Appeal
program has been appointed, and the child." §
39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P
CopyPublished | Florida 4th District Court of Appeal
as the parents’ delay in seeking treatment. See §
39.01(15)(a), Fla. Stat. (defining a dependent child
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 2355
delinquents that is operated by the department.” §
39.01(25), Fla.Stat. (1991). . Section 39.112 provides:
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2573
juvenile, in which the trial judge found that section
39.01, Florida Statutes (1979), is: violative of due
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 536638
...4th DCA 2003): Because stability for children is so important to both their physical and mental well-being, the Legislature requires *624 that no child remain in foster care longer than one year so that permanent placement may be achieved as soon as possible. See § 39.001(1)(h), Fla....
CopyPublished | District Court of Appeal of Florida
welfare and the best interests of society. (F.S.
39.001) Such purposes do not conform to the generally
CopyPublished | Florida 3rd District Court of Appeal
party status, with limited exceptions. See, e.g., §
39.01(58), Fla. Stat. (2023).1 The limited exception
CopyPublished | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 1212
“commitment to the custody of the department.” Section
39.01(12), Fla.Stat. (1991). Therefore, even if section
CopyPublished | Florida 2nd District Court of Appeal
Parents were not a party to the action under section
39.01(58), Florida Statutes (2023), and thus lacked
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 1407
abandonment notwithstanding his earlier lapses. See §
39.01(1), Fla. Stat. (1999); In the Interest of M.R.L
CopyPublished | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 1028
Statutes (1993) (amended and renumbered 1994, see §
39.01(59), Fla.Stat. (1995)) defines "restrictiveness
CopyPublished | Florida 4th District Court of Appeal
(2017), it alleged abandonment as defined in section
39.01(1), in that the mother made no significant contribution
CopyPublished | Florida 3rd District Court of Appeal
or at imminent risk of neglect as defined in section
39.01(50), Florida Statutes (2020). We disagree.
CopyPublished | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765
...B. 1659, 107th Reg. Sess. (Fla. 2005). On its face, the Act is consistent with the Legislature's purpose. The Act is also consistent with (a) the Legislature's long-recognized commitment to the welfare of families and children, see, e.g., Fla. Stat. § 39.001(1)(b) (among other things, the purpose of Florida's child welfare system is "[t]o preserve and strengthen the child's family ties whenever possible," and "[t]o recognize that most families desire to be competent caregivers and providers for...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11863
prospective abuses and neglect, as defined in Section
39.01(1), (2), and (37), Florida Statutes. C. The
CopyPublished | Florida 2nd District Court of Appeal
dental, psychiatric, and psychological care." §
39.01(39); see §
63.032(11) (incorporating by reference
CopyPublished | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 15256
by her prior history in the juvenile system. Section
39.01(59)(d), Florida Statutes (Supp.1996), provides
CopyPublished | Florida 3rd District Court of Appeal
under tight control. *187As pertinent here, section
39.01(47), Florida Statutes (2018), defines "medical
CopyPublished | Florida 3rd District Court of Appeal
under tight control. *187As pertinent here, section
39.01(47), Florida Statutes (2018), defines "medical
CopyPublished | Florida 5th District Court of Appeal
program has been appointed." Additionally, section
39.01(58), Florida Statutes (2021), defines the term
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19470
...(2015), is not to facilitate the pursuit of Special Juvenile Immigrant
Status, but rather to provide services to children who are truly abandoned, abused
or neglected:
Court: The purpose of this statute is not what it is being used for in
this case, the purpose of this statute, according to section
39.001 is “to provide for the care, safety, and protection of
children,” correct?
DCF Counsel: Correct.
Court: So this is not the purpose of the statute, correct?
DCF Counsel: Correct, unless...
...t's
traditional purview.
There is no doubt that in the ordinary dependency case Chapter
39 charges this Court with the responsibility of ensuring that children
under its jurisdiction are cared for in a safe and secure environment.
See, e.g., § 39.001(1)(a), Fla....
...We correctly decline to subordinate
ourselves to the whim of the United States Congress in this case. The
purpose of the dependency laws of this state is to protect and serve
children and families in need, not those with a different agenda.3
....
3 Section 39.001 of the Florida Statutes provides a lengthy list of
purposes, the first of which is “[t]o provide for the care, safety, and
protection of children.” Assistance to the United States Citizenship
and Immigration Services is not one of them....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19471
abandoned by her father and thus dependent under section
39.01(15)(a), Florida Statutes (2015). She also alleged
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21783
...of certiorari. We denied the motion by previous unpublished *1216 order, indicating that an opinion would follow. We explain our order here. It is the intent of the Florida Legislature to achieve permanency for every child in the dependency system. § 39.001(l)(h)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 22084
(c) neglected as those terms are defined by Section
39.01, Florida Statutes (1979). The initial hearing
CopyPublished | Florida 3rd District Court of Appeal
petitioned for an adjudication of dependency under section
39.01(1-5)(e), Florida Statutes (2016). The petition
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 36, 1985 Fla. App. LEXIS 16887
appellant had neglected the children pursuant to section
39.01(26), Florida Statutes (1983)1. As grounds for
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 14, 1987 Fla. App. LEXIS 11735
authorization of blood transfu*1134sions to the child. Section
39.01(30), Florida Statutes (Supp.1986), defining
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 5678, 1988 WL 137222
dangerous environment making him dependent under section 39.-01(9)(a), Florida Statutes (1985). The court combined
CopyPublished | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 25287
does not support “abandonment” as defined in section
39.01(1), Florida Statutes (1981). However, it reflects
CopyPublished | Florida 4th District Court of Appeal
TPR petition, making her a party pursuant to section
39.01(58), Florida Statutes (2022), and Florida Rule
CopyPublished | District Court of Appeal of Florida
the child was a dependent within the purview of §
39.01(10), Florida Statutes, F.S.A. We agree that the
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 15047
based on abandonment' of M.K.S. by her father. Section
39.01, Florida Statutes (1995), defines abandonment
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18246
legislative act creating § 39.112 also amended §
39.01(10), Florida Statutes, defining “community control”
CopyPublished | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 18269
...fferently than adult offenders. The emphasis for juvenile offenders is on rehabilitation and restitution rather than on fixing criminal responsibility, guilt and punishment. Kent v. United States,
383 U.S. 541 ,
86 S.Ct. 1045 ,
16 L.Ed.2d 84 (1966); Section
39.001(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
exceeding one thousand dollars.” . Fla.Stat. §
39.01 F.S.A.
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 649, 1986 Fla. LEXIS 2950
abandoned, abused, or neglected the child. Section
39.01(1), Florida Statutes (1983) defines abandonment
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2651, 1984 Fla. App. LEXIS 16326
The phrase “taken into custody” is defined in section
39.01(32) as meaning ... the status of a child immediately
CopyPublished | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 21942
was “a dependent child [within the purview of Section
39.01(9)(d)] for reason of . . . persistent truancy”
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 19787
to DCF, D.G. suffered from medical neglect. Section
39.01(31), Florida Statutes (2006), provides: “Harm”
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9280, 15 Fla. L. Weekly Fed. D 2983
meet the definition of neglect abuse found in section
39.01(37), Florida Statutes (1989): “Neglect” occurs
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2578, 1984 Fla. App. LEXIS 16649
...The crux of the issue before us is whether A.G.N., Jr., is a dependent child as defined by section
39.01(9). Cognizant of the outstanding purposes of chapter 39, those being the preservation and strengthening of the child’s family ties, and the safeguarding of the child’s welfare, section
39.001, we carefully and conscientiously scrutinized the record before us only to conclude that the trial court did not abuse its discretion in finding A.G.N., Jr., to have been abandoned and neglected by his natural parents as those terms ar...
CopyPublished | District Court of Appeal of Florida | 1987 WL 2331
erred in determining that Denise was abandoned. Section
39.01(1), Florida Statutes (Supp. 1986), defines “abandoned”
CopyPublished | Florida 3rd District Court of Appeal
reunify the parent and child.” §
39.806(1)(e)1. Section
39.01(78), Florida Statutes (2017)8, provides that
CopyPublished | Florida 4th District Court of Appeal
below, but rather were simply participants. See §
39.01(51), (52), Fla. Stat. (2017). See also C.M. v.
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12481
.. may support a finding of abandonment. §
39.01(1), Fla. Stat. (2015). Here, there was evidence
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 12548
abuse, abandonment, or neglect by his parents. See §
39.01(14)(a), (f), Fla. Stat. (2001). The trial court
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20762
or (c) abuse, as those terms are defined in Section
39.01, Florida Statutes (1979), was not sufficient
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
intentionally left the established area of custody.3 Section
39.01(29), Florida Statutes (1994 Supp.), defines
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15202
...s of citizens, with particularized needs to be afforded unique treatment by the state. Relevant are the purposes of the chapter of the Florida Statutes relating to the judicial treatment of juveniles as expressed by the Florida *480 Legislature in F.S. 39.001....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12700
“physical, mental or sexual injury” to the child. §
39.01(32)(i), (j), Fla. Stat. (2009). Here, the only
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20923
“as part of the community control program.” Section
39.01(10) describes “community control” for purposes
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15263
authority on F.S. 39.-11(2) (c), which incorporated F.S.
39.01(9). We there held that a careful reading of that
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 12480
by the parent or parents or legal custodians.” §
39.01(14), Fla. Stat. (2003). These are not generic terms
CopyPublished | Florida 1st District Court of Appeal | 2004 WL 1881750
by the parent or parents or legal custodians." §
39.01(14), Fla. Stat. (2003). These are not generic terms
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14060
“preserve and strengthen the child’s family ties.” §
39.001(l)(f), Fla. Stat. (2005). It is our duty to preserve
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8633, 1993 WL 315981
...not complied with the 1992 version of section 39.41(l)(a) because it did not prepare a protective supervision case plan. The purpose of the Juvenile Justice Act is, inter alia, to ensure secure and safe custody of all children in the state’s care. Section 39.001(2)(b), Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
Family Services] pursuant to this chapter[.]" 12 Section
39.01(12), Fla. Stat., defines a "[c]hild" or "youth"
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12292
PER CURIAM. Affirmed. See §
39.01(15)(f), Fla. Stat. (2009); C.J. v. Dep’t of Children & Families, 968
CopyPublished | Florida 4th District Court of Appeal | 2007 WL 2317091
with or being returned to the child's parent." §
39.01(71), Fla. Stat. (2006).
CopyPublished | District Court of Appeal of Florida | 27 Educ. L. Rep. 627, 10 Fla. L. Weekly 1964, 1985 Fla. App. LEXIS 14897
nonenrollment or nonattendance after enrollment. (See §
39.01(9)(d) and § 232.19(1) and (3)(a), Fla.Stat. (1984
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17188
support adjudication of delinquency. West’s F.S.A. §
39.01(29).’ The Court having considered the aforesaid
CopyPublished | Florida 3rd District Court of Appeal
adjudicating his minor child dependent under section
39.01, Florida Statutes (2024). The base
CopyPublished | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 8918
“nonresidential, residential, and secure residential.” Section 39.-01(61) Fla.Stat. (Supp.1990). Moreover, because
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1743, 1986 Fla. App. LEXIS 9266
The Florida Juvenile Justice Act was created, Section
39.001, Florida Statutes (Supp.1978), and provided
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 8337
expressed at various points in the Chapter. In Section
39.01(21) "Disposition hearing” is defined as "a hearing
CopyPublished | Florida 5th District Court of Appeal
child “abuse.” See §
741.28(2), Fla. Stat. (2016); §
39.01(3), Fla. Stat. (2016). 2 The trial
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3765949
See id. at 834; see also §
39.01(15)(a),(f). The trial court’s finding of abuse
CopyPublished | Florida 4th District Court of Appeal
discipline of a child by a parent.” Id. (citing §
39.01(2), Fla. Stat.). After reviewing the record evidence
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 1379859
abandonment, or neglect by the parent or parents.” §
39.01(15)(a), (f), Fla. Stat. (2013). There being no
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4508
court .is in existence in Charlotte County. Section
39.01(10), F.S.A., defines a dependent child as one
CopyPublished | Florida 1st District Court of Appeal
...bandoned, or
left without a parent or legal custodian capable of caring for them while living
elsewhere. Section
39.01 provides a lengthy list of purposes, the first of which is
“[t]o provide for the care, safety, and protection of children.” §
39.001(1)(a), Fla.
Stat. (2013). Section
39.001(3) goes on to set out the chapter’s purpose to provide
“the children of this state” with certain protections, including “[p]rotection from
abuse, abandonment, neglect, and exploitation” and “[a] permanent and stable
home.” Ultimately, section
39.001(12) provides that the chapter is to be “liberally
interpreted and construed in conformity with its declared purposes.” We find no
provision in chapter 39 requiring that the events giving rise to grounds for an
adjudication of dependency occur in the State of Florida....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4743
undertaken when a child is abandoned as defined by section
39.01. A trial court may consider a parent’s criminal
CopyPublished | Florida 2nd District Court of Appeal
...ject of a dependency proceeding reads that decision far too broadly. The placement of a dependent minor in an appropriate adoptive home, where called for under chapter 39, is a key function of both the Department and the dependency court. See, e.g., § 39.001(l)(h), (i)....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5912
Mother, constituting dependency pursuant to section
39.01(14)(a), Florida Statutes (2006), and that each
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2813
as the basis for a finding of delinquency. Section
39.01(9), Florida Statutes (Supp. 1988), defines a
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062
...criminal prosecution when a minor has committed an act that would otherwise constitute a crime (whether felony or misdemeanor). The goal of the delinquency alternative is to provide a rehabilitative disposition, as opposed to a punitive disposition. § 39.001(2)(a), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5568
interpreted to provide an avenue for such use. See §
39.001(1), Fla. Stat. (2010) (stating generally the purpose
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19168
because the definition of “legal custody” at section
39.01(9), Florida Statutes (1975), does not expressly
CopyPublished | Florida 4th District Court of Appeal
they were denied due process, we first note section
39.01(60), Florida Statutes (2024), allows the actual
CopyPublished | Florida 4th District Court of Appeal
they were denied due process, we first note section
39.01(60), Florida Statutes (2024), allows the actual
CopyPublished | District Court of Appeal of Florida
unreasonable as a matter of law. CHILD ABUSE Section
39.01(2), Florida Statutes,14 defines child abuse
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
accordance with Ch. 39, F.S. Section 39.06(7). Section
39.01(30) defines "taken into custody" as ". . . the
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...39 to, inter alia, "protect society more effectively by substituting for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions which are consistent with the seriousness of the offense is appropriate in all cases." (e.s.) Section 39.001 (2)(a), F.S....
CopyPublished | Florida 1st District Court of Appeal | 2011 WL 1376688
sufficient to prove dependency pursuant to section
39.01(15), Florida Statutes (2010). See Dep't of Children
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327
to provide for and communicate with the child. §
39.01(1), Fla.Stat. The natural father here filed an
CopyPublished | Florida 4th District Court of Appeal
trafficking as provided in s.
787.06(3)(g).” See §
39.01(77)(g), Fla. Stat. (2018). 1 Moreover, section
CopyPublished | Florida 4th District Court of Appeal
Statutes (2021). T.R.-B.,
335 So. 3d at 733; see also §
39.01(58), Fla. Stat. (2021) (defining “party” as “the
