The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.013

39.013 Procedures and jurisdiction; right to counsel.—

(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in this chapter shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. Parents who are unable to afford counsel must be appointed counsel.

(2) The circuit court has exclusive original jurisdiction of all proceedings under this chapter, of a child voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the department, and of the adoption of children whose parental rights have been terminated under this chapter. Jurisdiction attaches when the initial shelter petition, dependency petition, or termination of parental rights petition, or a petition for an injunction to prevent child abuse issued pursuant to s. 39.504, is filed or when a child is taken into the custody of the department. The circuit court may assume jurisdiction over any such proceeding regardless of whether the child was in the physical custody of both parents, was in the sole legal or physical custody of only one parent, caregiver, or some other person, or was not in the physical or legal custody of any person when the event or condition occurred that brought the child to the attention of the court. When the court obtains jurisdiction of any child who has been found to be dependent, the court shall retain jurisdiction, unless relinquished by its order, until the child reaches 21 years of age, or 22 years of age if the child has a disability, with the following exceptions:

(a) If a young adult chooses to leave foster care upon reaching 18 years of age.

(b) If a young adult does not meet the eligibility requirements to remain in foster care under s. 39.6251 or chooses to leave care under that section.

(c) If a young adult petitions the court at any time before his or her 19th birthday requesting the court’s continued jurisdiction, the juvenile court may retain jurisdiction under this chapter for a period not to exceed 1 year following the young adult’s 18th birthday for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided.

(d) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings for the child shall be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction terminates upon the final decision of the federal authorities. Retention of jurisdiction in this instance does not affect the services available to a young adult under s. 409.1451. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday.

(3) When a child is under the jurisdiction of the circuit court pursuant to this chapter, the circuit court assigned to handle dependency matters may exercise the general and equitable jurisdiction over guardianship proceedings under chapter 744 and proceedings for temporary custody of minor children by extended family under chapter 751.

(4) Orders entered pursuant to this chapter which affect the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for a minor child shall take precedence over other orders entered in civil actions or proceedings. However, if the court has terminated jurisdiction, the order may be subsequently modified by a court of competent jurisdiction in any other civil action or proceeding affecting placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same minor child.

(5) The court shall expedite the resolution of the placement issue in cases involving a child who has been removed from the parent and placed in an out-of-home placement.

(6) The court shall expedite the judicial handling of all cases when the child has been removed from the parent and placed in an out-of-home placement.

(7) Children removed from their homes shall be provided equal treatment with respect to goals, objectives, services, and case plans, without regard to the location of their placement.

(8) For any child who remains in the custody of the department, the court shall, within the month which constitutes the beginning of the 6-month period before the child’s 18th birthday, hold a hearing to review the progress of the child while in the custody of the department.

(9)(a) At each stage of the proceedings under this chapter, the court shall advise the parents of the right to counsel. The court shall appoint counsel for indigent parents. The court shall ascertain whether the right to counsel is understood. When right to counsel is waived, the court shall determine whether the waiver is knowing and intelligent. The court shall enter its findings in writing with respect to the appointment or waiver of counsel for indigent parents or the waiver of counsel by nonindigent parents.

(b) Once counsel has entered an appearance or been appointed by the court to represent the parent of the child, the attorney shall continue to represent the parent throughout the proceedings. If the attorney-client relationship is discontinued, the court shall advise the parent of the right to have new counsel retained or appointed for the remainder of the proceedings.

(c)1. A waiver of counsel may not be accepted if it appears that the parent is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.

2. A waiver of counsel made in court must be of record.

3. If a waiver of counsel is accepted at any hearing or proceeding, the offer of assistance of counsel must be renewed by the court at each subsequent stage of the proceedings at which the parent appears without counsel.

(d) This subsection does not apply to any parent who has voluntarily executed a written surrender of the child and consents to the entry of a court order terminating parental rights.

(10) Court-appointed counsel representing indigent parents at shelter hearings shall be paid from state funds appropriated by general law.

(11) The court shall encourage the Statewide Guardian Ad Litem Office to provide greater representation to those children who are within 1 year of transferring out of foster care.

(12) The department shall be represented by counsel in each dependency proceeding. Through its attorneys, the department shall make recommendations to the court on issues before the court and may support its recommendations through testimony and other evidence by its own employees, employees of its contractors, employees of its contractor’s subcontractors, or from any other relevant source.

(13) Except as otherwise provided in this chapter, an individual’s appearance or attendance at dependency proceedings may be through his or her physical appearance or attendance or, by agreement of the parties or at the discretion of the court, through audio or audio-video communication technology, unless the court determines that appearance through audio or audio-video communication technology is inconsistent with the United States Constitution, the State Constitution, a statute, a rule of court, or a court order.

History.—s. 20, ch. 78-414; s. 5, ch. 84-311; s. 4, ch. 87-289; s. 4, ch. 90-306; s. 2, ch. 92-158; s. 3, ch. 94-164; s. 5, ch. 95-228; s. 8, ch. 98-280; s. 24, ch. 98-403; s. 7, ch. 99-193; s. 16, ch. 2000-139; s. 1, ch. 2002-216; s. 1, ch. 2005-179; s. 3, ch. 2005-239; s. 3, ch. 2006-86; s. 5, ch. 2006-194; s. 2, ch. 2012-178; s. 2, ch. 2013-178; s. 4, ch. 2014-224; s. 3, ch. 2017-151; s. 2, ch. 2023-77; s. 1, ch. 2023-302.

Note.—Former s. 39.40.

F.S. 39.013 on Google Scholar

F.S. 39.013 on Casetext

Amendments to 39.013

Arrestable Offenses / Crimes under Fla. Stat. 39.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.013.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . (name, address, and date of birth)..... request the court, under section 39.013(2), Florida Statutes . . .

IN INTEREST OF M. L. H. D. H. H. J. S. H. v., 268 So. 3d 186 (Fla. App. Ct. 2018)

. . . obtained a final judgment of paternity from the family court but explained that, pursuant to section 39.013 . . .

B. S. P. S. A. W. H. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 246 So. 3d 479 (Fla. App. Ct. 2018)

. . . See § 39.013(1), Fla. Stat. . . . Moreover, section 39.013(1) clearly states that "all procedures" in chapter 39 are governed by the Florida . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE- FAST- TRACK REPORT, 235 So. 3d 322 (Fla. 2018)

. . . Young Adult) is in response to chapter 2017-151, section 3, Laws of Florida, which amended section 39.013 . . . (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801( . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. J. D., 198 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . .” § 39.013(2), Fla. Stat. (2016). . . . The trial court correctly noted that Chapter 39 states in section 39.013(2) that “[t]he circuit court . . .

D. V. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 186 So. 3d 1101 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 39.013, Florida Statutes (2015): (9)(a) At each stage of the proceedings under this . . . parent of the right to have new counsel retained or appointed for the remainder of the proceedings. § 39.013 . . .

In B. R. C. M. a, 182 So. 3d 749 (Fla. Dist. Ct. App. 2015)

. . . . § 39.013(2)(d), Fla. Stat.(2013). . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . . §§ 39.001(1X0; 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014); Fla. R. Juv. . . . . §§ 39.013(1), (9)(a), Fla. Stat. (2011). . . .

DEPARTMENT OF CHILDREN AND FAMILIES, A. H. A v. T. S. R. H., 154 So. 3d 1223 (Fla. Dist. Ct. App. 2015)

. . . . § 39.013(2), Fla. Stat. (2014). . . .

E. M. J. I. C. H. J. C. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 124 So. 3d 246 (Fla. Dist. Ct. App. 2013)

. . . Contrary to appellant’s assertion, the trial court had jurisdiction under section 39.013(2), Florida . . .

A. ZAMPERLA, v. POPE,, 120 So. 3d 132 (Fla. Dist. Ct. App. 2013)

. . . The circuit court found that it had jurisdiction to rule on the Mother’s petition pursuant to section 39.013 . . . The circuit court improperly relied on section 39.013(4), in determining that it had jurisdiction. . . . Section 39.013(4) specifically permits a court in a separate civil proceeding to modify placement of . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . (2012), and to list the types of orders over which a dependency order takes precedence, see section 39.013 . . . court has extended jurisdiction over the child, as provided under certain circumstances in section 39.013 . . .

V. A. v. DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM PROGRAM,, 114 So. 3d 391 (Fla. Dist. Ct. App. 2013)

. . . See § 39.013(9)(a), Fla. Stat. (2012); see also A.G. v. . . .

G. W. v. DEPARTMENT OF CHILDREN FAMILIES,, 92 So. 3d 307 (Fla. Dist. Ct. App. 2012)

. . . right to be represented by appointed counsel ... pursuant to the procedures set forth in s[ection] 39.013 . . . Section 39.013 of the Florida Statutes (2011), provides: (1) All procedures, including petitions, pleadings . . .

A. G. N. G. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 65 So. 3d 1180 (Fla. Dist. Ct. App. 2011)

. . . replete with language requiring counsel at this critical stage of the dependency process: • Section 39.013 . . . that a trial court advise each parent present at shelter hearing of his/her right to counsel • Section 39.013 . . .

R. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 47 So. 3d 357 (Fla. Dist. Ct. App. 2010)

. . . See § 39.013(2), Fla. Stat. (2010). . . .

In A. G. a W. G. v. S. A., 40 So. 3d 908 (Fla. Dist. Ct. App. 2010)

. . . Section 39.013(1), Florida Statutes (2010), does not add to the definition of “parent” the added restriction . . . Parents who are unable to afford counsel must be appointed counsel.” § 39.013(1), Fla. . . .

M. T. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 10 So. 3d 1182 (Fla. Dist. Ct. App. 2009)

. . . erred in failing to appoint the mother trial counsel to represent her at trial as required by section 39.013 . . .

In C. S. a M. D. v. Ad, 6 So. 3d 115 (Fla. Dist. Ct. App. 2009)

. . . counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013 . . .

In A. W. P. JR. a A. W. P. Sr. v., 10 So. 3d 134 (Fla. Dist. Ct. App. 2009)

. . . the Department agree that the trial court did not address the father’s right to counsel as section 39.013 . . .

A. P. BAZERMAN, R. K. N. M. R. M. v. FEAVER,, 293 F. App'x 635 (11th Cir. 2008)

. . . . § 39.013(2) (granting jurisdiction over juvenile matters to the circuit court); Fla. . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. A. PETERSON,, 989 So. 2d 663 (Fla. Dist. Ct. App. 2008)

. . . Section 39.013(9)(a), Florida Statutes (2006), establishes the statutory right to counsel in dependency . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . See §§ 39.001(1)(h), 39.013(5), 39.402(14)(e) & 39.621(1), Fla. Stat. (2006). . . .

L. R. v. J. F., 960 So. 2d 836 (Fla. Dist. Ct. App. 2007)

. . . . § 39.013(1), Fla. Stat. (2006). . . . See § 39.013, Fla. Stat. (2006). The trial court elected to retain jurisdiction over T.F. . . .

CORAL IMAGING SERVICES, a o a v. GEICO INDEMNITY INSURANCE COMPANY,, 955 So. 2d 11 (Fla. Dist. Ct. App. 2006)

. . . 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711(3); § 28.241(3),(4); § 29.004(10)(d); § 39.012; § 39.013 . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . For example, section 39.013 requires both parents to be advised of their right to counsel at each stage . . .

MORCROFT, Ad v. DEPARTMENT OF CHILDREN AND FAMILIES,, 929 So. 2d 51 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 39.013(2), Florida Statutes (2005), circuit courts have “exclusive original jurisdiction . . . person when the event or condition occurred that brought the child to the attention of the court.” § 39.013 . . .

E. T. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 930 So. 2d 721 (Fla. Dist. Ct. App. 2006)

. . . See § 39.013(9)(a), Fla. Stat. (2002). . . .

L. G. O. G. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 917 So. 2d 1015 (Fla. Dist. Ct. App. 2006)

. . . See § 39.013(9), Fla. Stat. KAHN, C.J., ALLEN and WEBSTER, JJ., concur. . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 915 So. 2d 592 (Fla. 2005)

. . . (name, address, and date of birth).request the court, under section 39.013(2), Florida Statutes to .extend . . . Stat.); chapter 2005-179, section 1, Laws of Florida (amending § 39.013(2), Fla. . . .

C. L. R. C. R. C. R. E. R. M. R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 913 So. 2d 764 (Fla. Dist. Ct. App. 2005)

. . . .” § 39.013(1), Fla. Stat. (2003). . . . causing the need for dependency, he or she is not entitled to appointed counsel pursuant to section 39.013 . . .

In S. N. W. a LLC, v. S. C. W., 912 So. 2d 368 (Fla. Dist. Ct. App. 2005)

. . . Indeed, section 39.013(2), Florida Statutes (2004), provides that the circuit court in which a dependency . . . Section 39.013(4) requires that any orders of the dependency court “be filed by the clerk of the court . . . See § 39.013(2). . . . Nevertheless, pursuant to section 39.013(4), any orders of the dependency court “shall take precedence . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. J. J. E. J. E. a, 901 So. 2d 215 (Fla. Dist. Ct. App. 2005)

. . . . §§ 39.01(16) and (18); 39.013(2), Florida Statutes (2004). 3. . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . This amendment conforms the rule to section 39.013(10), Florida Statutes (2004). . . . This amendment conforms the rule to section 39.013(9), Florida Statutes (2004). . . .

In S. M. a E. K. v., 874 So. 2d 720 (Fla. Dist. Ct. App. 2004)

. . . Section 39.013(2) confers upon the circuit court original jurisdiction in dependency proceedings. . . .

D. F. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 877 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . See § 39.013(10), Fla. . . .

D. D. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 849 So. 2d 473 (Fla. Dist. Ct. App. 2003)

. . . Section 39.013(10) allows for reasonable periods of delay as the result of continuances granted to the . . . Further, section 39.013(10)(e) and (f) show that the child’s best interests are the overriding interest . . .

S. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 851 So. 2d 689 (Fla. 2003)

. . . Subsection (9)(a) of section 39.013 provides: At each stage of the proceedings under this chapter, the . . . appointment or waiver of counsel for indigent parents or the waiver of counsel by nonindigent parents. § 39.013 . . . Thus, section 39.013 gives indigent parents the right to court-appointed counsel in these civil proceedings . . . Of course, the Legislature has since enacted section 39.013 which gives indigent parents the right to . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. In INTEREST OF J. C., 847 So. 2d 487 (Fla. Dist. Ct. App. 2002)

. . . See also, §§ 39.013(2), 39.812, 39.813, Fla. Stat. (2001). . . .

S. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 825 So. 2d 1057 (Fla. Dist. Ct. App. 2002)

. . . . § 39.013(1), Fla. Stat. (1999). . . .

In BB. v., 820 So. 2d 409 (Fla. Dist. Ct. App. 2002)

. . . Section 39.013, Fla. Stat. (2001). . . .

D. M. v. J. D. M, a C. F. C. F. J. D. M, D. Ad s, 814 So. 2d 1112 (Fla. Dist. Ct. App. 2002)

. . . Section 39.013(2) authorizes the circuit court to assert exclusive jurisdiction over dependency proceedings . . .

L. W. L. W. T. W. R. L. W. J. P. L. W. T. W. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 812 So. 2d 551 (Fla. Dist. Ct. App. 2002)

. . . See § 39.013(1) & (8)(a), Fla. Stat. (1999). . . .

S. E. R. a R. P. S. E. R. a v. J. R. a k a J. B., 803 So. 2d 861 (Fla. Dist. Ct. App. 2002)

. . . See §§ 39.013(4), 39.521(3)(b)1., Fla. Stat. (2001); Fla. R. Juv. P. 8.260(d). . . .

In A. W. P. Jr. a A. W. P. Sr. v., 787 So. 2d 76 (Fla. Dist. Ct. App. 2001)

. . . . § 39.013(9)(a), Fla. . . .

B. B. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, A. s C. II, s D. M., 731 So. 2d 30 (Fla. Dist. Ct. App. 1999)

. . . Section 39.013(5), Florida Statutes (Supp.1998), provides that the circuit court “shall expedite the . . . resulting from a continuance granted at the request of the parent or legal custodian of a subject child. § 39.013 . . . This case is properly analyzed under sections 39.013(9)(b)l and 39.402(14)(b)l, which provide for a continuance . . . acquiescence in a continuance, which suspends the running of Chapter 39 time limitations under sections 39.013 . . . result of the 1998 amendments to Chapter 39, this provision of the law is now contained in section 39.013 . . .

IN RE AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 725 So. 2d 296 (Fla. 1998)

. . . section 23, Laws of Florida, amends section 39.40, Florida Statutes (1997), renumbering it as section 39.013 . . .