Florida Statute 39.0136 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

39.0136 Time limitations; continuances.—

(1) The Legislature finds that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party except as provided in this section.

(2)(a) All parties and the court must work together to ensure that permanency is achieved as soon as possible for every child through timely performance of their responsibilities under this chapter.

(b) The department shall ensure that parents have the information necessary to contact their case manager. When a new case manager is assigned to a case, the case manager must make a timely and diligent effort to notify the parent and provide updated contact information.

(3) The time limitations in this chapter do not include:

(a) Periods of delay resulting from a continuance granted at the request of the child’s counsel, guardian ad litem, or attorney ad litem, if one is appointed. The court must consider the best interests of the child when determining periods of delay under this section.

(b) Periods of delay resulting from a continuance granted at the request of any party if the continuance is granted:

1. Because of an unavailability of evidence that is material to the case if the requesting party has exercised due diligence to obtain evidence and there are substantial grounds to believe that the evidence will be available within 30 days. However, if the requesting party is not prepared to proceed within 30 days, any other party may move for issuance of an order to show cause or the court on its own motion may impose appropriate sanctions, which may include dismissal of the petition.

2. To allow the requesting party additional time to prepare the case and additional time is justified because of an exceptional circumstance.

(c) Reasonable periods of delay necessary to accomplish notice of the hearing to the child’s parent or legal custodian; however, the petitioner shall continue regular efforts to provide notice to the parents during the periods of delay.

(4) Notwithstanding subsection (3), in order to expedite permanency for a child, the total time allowed for continuances or extensions of time, including continuances or extensions by the court on its own motion, may not exceed 60 days within any 12-month period for proceedings conducted under this chapter. A continuance or extension of time may be granted only for extraordinary circumstances in which it is necessary to preserve the constitutional rights of a party or if substantial evidence exists to demonstrate that without granting a continuance or extension of time the child’s best interests will be harmed.

(5) Notwithstanding subsection (3), a continuance or an extension of time is limited to the number of days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child.

History.—s. 4, ch. 2006-86; s. 2, ch. 2019-128; s. 9, ch. 2024-70.

F.S. 39.0136 on Google Scholar

F.S. 39.0136 on CourtListener

Amendments to 39.0136

Annotations, Discussions, Cases:

Cases Citing Statute 39.0136

Total Results: 11 | Sort by: Relevance | Newest First

Copy

In Re Dj, 9 So. 3d 750 (Fla. 2d DCA 2009).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1260109

..."intrude as little as possible into the life of the family," § 39.001(1)(b)(3). We are also concerned by the Department's apparent disregard of the requirement that dependency actions be expedited in all but the most exceptional circumstances. See § 39.0136....

Copy

A.m., the Mother v. Dept. of Child. & Families, 223 So. 3d 312 (Fla. Dist. Ct. App. 2017).

Cited 2 times | Published | District Court of Appeal of Florida | 2017 WL 3085350, 2017 Fla. App. LEXIS 10455

3d 780, 792 (Fla. 2015); see also § 39.0136(1), Fla. Stat. (2015) (“The Legislature finds

Copy

RS v. Dep't of Child. & Families, 956 So. 2d 1242 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal

...s that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party except as provided in this section. § 39.0136(1), Fla....

...xtraordinary circumstances in which it is necessary to preserve the constitutional rights of a party or if substantial evidence exists to demonstrate that without granting a continuance or extension of time the child's best interests will be harmed. § 39.0136(3). The unavailability of evidence does not constitute "extraordinary circumstances" unless the party establishes that the evidence is material and the party has exercised due diligence to obtain the evidence. § 39.0136(2)(b)(1). The statute limits any particular continuance "to the number of days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child." § 39.0136(4)....

...ring it into compliance with ASFA." Id. One of the three major purposes was to have chapter 39 include express "time periods (shortened from 18 months to 12 months) to finalize a permanency plan, a new requirement for permanency hearings. . . ." Id. Section 39.0136 was specifically intended "to outline the time limitations applicable to dependency cases." It is clear from the statutory text that trial judges were given very limited power to alter the time limitations specified by the Legislature....

Copy

D.H. Ex Rel. J.R. v. Dep't of Child. & Families, 12 So. 3d 266 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 5803, 2009 WL 1383344

...Concluding that the Florida Legislature has mandated the expeditious handling of proceedings to establish permanency for children in dependency and that Appellant's counsel's office had not used due diligence and shown good cause, the trial court orally denied the motion for continuance. See § 39.0136(1), (2)(b)1....

Copy

A.S., the Father v. Dep't of Child. & Families, J.A., & Guardian Ad Litem Prog., 162 So. 3d 335 (Fla. 4th DCA 2015).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 4764

...Section 63.062(1), Florida Statutes (2014), lists persons who are required to consent to an adoption. 4 In making this determination, we have considered the legislature’s finding “that time is of the essence for establishing permanency for a child in the dependency system.” § 39.0136(1), Fla....

Copy

C.J. v. Dep't of Child. & Fam. Servs., 9 So. 3d 750 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 4253

all but the most exceptional circumstances. See § 39.0136. The actions and attitudes displayed by the Department

Copy

M.L. v. Dep't of Child. & Families, 227 So. 3d 142 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 WL 1718807, 2017 Fla. App. LEXIS 6187

spent his entire life in the dependency system. § 39.0136(1), Florida Statutes (2016). He deserved permanency

Copy

B.a., the Mother v. Dep't of Child. & Families (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

emphasis on an expeditious process. See, e.g., § 39.0136(1), Fla. Stat. (2019) (“The Legislature finds

Copy

G.c., the Mother v. Dep't of Child. & Families (Fla. Dist. Ct. App. 2022).

Published | District Court of Appeal of Florida

placement should be achieved within one year); § 39.0136(1), Fla. Stat. (stating “time is of the essence

Copy

Florida Dep't of Child. & Families v. Foster Parents of K.J. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

child in the dependency system.” Id. (quoting § 39.0136(1), Fla. Stat.). We have jurisdiction.

Copy

S.L. v. Dep't of Child. & Families, 182 So. 3d 744 (Fla. 2d DCA 2015).

Published | Florida 2nd District Court of Appeal | 2015 WL 9487592

...its final judgment terminating parental rights is beyond the general sixty-day time required by Florida Rule of Judicial Administration 2.215(f) and does not comply with Florida's public policy of expediting termination proceedings. See Fla. R. Jud. Adm. 2.215(g); § 39.0136(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.