The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 39.401, Fla. Stat.; Fla. R. Juv. P. 8.655. . . .
. . . the initial child protective services investigation (section 39.301), the shelter hearing (section 39.401 . . .
. . . See §§ 39.401(5) (shelter review hearing if placed with nonrelatives); 39.402 (shelter and shelter review . . .
. . . sexual battery of a child between the ages of 12 and 18 and noting that consent is not a defense); § 39.401 . . . or [was] in imminent danger of illness or injury as a result of abuse, neglect, or abandonment.” § 39.401 . . .
. . . I view the order as an order to take the child into custody pursuant to section 39.401, Florida Statutes . . . Section 39.401, Florida Statutes deals with taking a child into custody. . . . in the decision of a trial judge to issue an order to take a child into custody pursuant to section 39.401 . . . intent at the October 5th hearing may have been to take the child into custody pursuant to section 39.401 . . . and has not suggested that the order was an order to take the child into custody pursuant to section 39.401 . . . a hearing at which the parent is present, considers taking a child into custody pursuant to section 39.401 . . .
. . . See §§ 39.401(1), § 39.402(1), 39.402(8)(d), Fla. Stat. (2011). . . .
. . . . § 39.401(1)0)) (1997). . . . Stat. § 39.401(3). . . . Stat. §§ 39.401(3), 39.402(5)(a). . . . Stat. § 39.401(l)(b) (1997). . . . Stat. § 39.401(l)(b)(l) (1997). . Broward County is in the Seventeenth Judicial Circuit of Florida. . . .
. . . issue presented is exactly what parents are entitled to do at the shelter hearing mandated by section 39.401 . . .
. . . See §§ 39.301(15) & 39.401(4), Fla. Stat. (emphasis added). . . .
. . . When a child is initially removed from the home and taken into custody under section 39.401, Florida . . .
. . . Sections 39.401(1) and 39.402(1), Florida Statutes, require that, before a court may order a child taken . . .
. . . Stat. § 39.401(3) (requiring a hearing within 24 hours of state’s removal of children). . . . Appellants first contend that § 39.401(1) is facially unconstitutional. . . . By definition, then, § 39.401(1) is not facially unconstitutional. 2. a. . . . Nor was § 39.401(1) applied to Appellants in this case in an unconstitutional manner. . . . Stat. § 39.401(3). . . . .
. . . See § 39.401(1)(b)(2) & (3), Fla. Stat. (2000). . . . I therefore conclude that section 39.502(15), when read in pari materia with sections 39.01 and 39.401 . . .
. . . there was probable cause to believe that the minor daughter was a “dependent child” pursuant to section 39.401 . . . Section 39.401 provides in pertinent part that: (1) a child may only be taken into custody: (a) Pursuant . . . from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment. § 39.401 . . .
. . . . § 39.401 (2001); Ga.Code § 15-11-^15 (2001); Iowa Code Ann. § 232.19 (2001); Neb.Rev.Stat. § 43-248 . . .
. . . See § 39.401(c), Fla. Stat. (1987). Ms. Johnson had custody of the children when Ms. . . .
. . . See §§ 39.401(3), 39.402(8)(a), Fla. Stat. (Supp. 1998). . . .
. . . . § 39.401, Fla. Stat. (1997). The father did not have custody of the children at the time. . . .
. . . Vila and Mitchell “did not comply with Florida Statutes Section 39.401 when they failed to determine . . . to custody (in other words, the mother was not entitled to equal custody); 2) a violation of section 39.401 . . . claims unless a separate and independent violation of a constitutional right is also alleged; 3) section 39.401 . . . Specifically, Plaintiffs, citing section 39.401(l)(b), Florida Statutes, assert that the state agent . . . Plaintiffs alleged that Vila and Mitchell failed to follow the mandates of section 39.401, Florida Statutes . . .
. . . whether it is in the child’s best interest to be removed from his or her custodian’s custody), see §§ 39.401 . . . deprive a parent of custody of his or her child where there is no abuse, neglect, or abandonment, see §§ 39.401 . . .
. . . . § 39.401(1)(c) (West 1988); id. § 415.505(f)(3) (West 1993) (current version at id. § 415.505(e)(3) . . .
. . . permanent termination of parental rights, is free to immediately take the child into custody under section 39.401 . . .
. . . the child; (3) there was no judicial determination that the child was a dependent child under section 39.401 . . .
. . . . § 39.401(l)(b). . . .
. . . Fla.Stat.) but this is not so in dependency cases which can be instituted by any knowledgeable person (§ 39.401 . . .
. . . detectives were justified in taking appellant into custody as a dependent child pursuant to section 39.401 . . .
. . . reasonable belief that the juvenile and his companions were absent from school without authorization, § 39.401 . . .
. . . The other manifestations of momentary dependency, § 39.401(l)(b), (c), (d) and (e), presumably are of . . .
. . . See e.g., §§ 39.01(1), (2), (9)(a), (27), 39.401 et seq (1979). . . .