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The 2024 Florida Statutes
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F.S. 39.40239.402 Placement in a shelter.—(1) Unless ordered by the court under this chapter, a child taken into custody shall not be placed in a shelter prior to a court hearing unless there is probable cause to believe that:(a) The child has been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment; (b) The parent or legal custodian of the child has materially violated a condition of placement imposed by the court; or (c) The child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care. (2) A child taken into custody may be placed or continued in a shelter only if one or more of the criteria in subsection (1) applies and the court has made a specific finding of fact regarding the necessity for removal of the child from the home and has made a determination that the provision of appropriate and available services will not eliminate the need for placement. (3) Whenever a child is taken into custody, the department shall immediately notify the parents or legal custodians, shall provide the parents or legal custodians with a statement setting forth a summary of procedures involved in dependency cases, and shall notify them of their right to obtain their own attorney. (4) If the department determines that placement in a shelter is necessary under subsections (1) and (2), the authorized agent of the department shall authorize placement of the child in a shelter. (5)(a) The parents or legal custodians of the child shall be given such notice as best ensures their actual knowledge of the date, time, and location of the shelter hearing. If the parents or legal custodians are outside the jurisdiction of the court, are not known, or cannot be located or refuse or evade service, they shall be given such notice as best ensures their actual knowledge of the date, time, and location of the shelter hearing. The person providing or attempting to provide notice to the parents or legal custodians shall, if the parents or legal custodians are not present at the hearing, advise the court either in person or by sworn affidavit, of the attempts made to provide notice and the results of those attempts. (b) The parents or legal custodians shall be given written notice that:1. They will be given an opportunity to be heard and to present evidence at the shelter hearing; and 2. They have the right to be represented by counsel, and, if indigent, the parents have the right to be represented by appointed counsel, at the shelter hearing and at each subsequent hearing or proceeding, pursuant to the procedures set forth in s. 39.013. If the parents or legal custodians appear for the shelter hearing without legal counsel, then, at their request, the shelter hearing may be continued up to 72 hours to enable the parents or legal custodians to consult legal counsel. If a continuance is requested by the parents or legal custodians, the child shall be continued in shelter care for the length of the continuance, if granted by the court. (6)(a) The circuit court, or the county court if previously designated by the chief judge of the circuit court for such purpose, shall hold the shelter hearing. (b) The shelter petition filed with the court must address each condition required to be determined by the court in paragraphs (8)(a), (b), (d), and (h). (7) A child may not be removed from the home or continued out of the home pending disposition if, with the provision of appropriate and available early intervention or preventive services, including services provided in the home, the child could safely remain at home. If the child’s safety and well-being are in danger, the child shall be removed from danger and continue to be removed until the danger has passed. If the child has been removed from the home and the reasons for his or her removal have been remedied, the child may be returned to the home. If the court finds that the prevention or reunification efforts of the department will allow the child to remain safely at home, the court shall allow the child to remain in the home. (8)(a) A child may not be held in a shelter longer than 24 hours unless an order so directing is entered by the court after a shelter hearing. In the interval until the shelter hearing is held, the decision to place the child in a shelter or release the child from a shelter lies with the protective investigator. (b) The parents or legal custodians of the child shall be given such notice as best ensures their actual knowledge of the time and place of the shelter hearing. The failure to provide notice to a party or participant does not invalidate an order placing a child in a shelter if the court finds that the petitioner has made a good faith effort to provide such notice. The court shall require the parents or legal custodians present at the hearing to provide to the court on the record the names, addresses, and relationships of all parents, prospective parents, and next of kin of the child, so far as are known. (c) At the shelter hearing, the court shall:1. Appoint a guardian ad litem to represent the best interest of the child; 2. Inform the parents or legal custodians of their right to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s. 39.013; 3. Give the parents or legal custodians an opportunity to be heard and to present evidence; and 4. Inquire of those present at the shelter hearing as to the identity and location of the legal father. In determining who the legal father of the child may be, the court shall inquire under oath of those present at the shelter hearing whether they have any of the following information:a. Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child. b. Whether the mother was cohabiting with a male at the probable time of conception of the child. c. Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father. d. Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance. e. Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child or in which the child has resided or resides. f. Whether a man is named on the birth certificate of the child pursuant to s. 382.013(2). g. Whether a man has been determined by a court order to be the father of the child. h. Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s. 409.256. (d) At the shelter hearing, in order to continue the child in shelter care:1. The department must establish probable cause that reasonable grounds for removal exist and that the provision of appropriate and available services will not eliminate the need for placement; or 2. The court must determine that additional time is necessary, which may not exceed 72 hours, in which to obtain and review documents pertaining to the family in order to appropriately determine the risk to the child during which time the child shall remain in the department’s custody, if so ordered by the court. (e) At the shelter hearing, the department shall provide the court copies of any available law enforcement, medical, or other professional reports, and shall also provide copies of abuse hotline reports pursuant to state and federal confidentiality requirements. (f) At the shelter hearing, the department shall inform the court of:1. Any identified current or previous case plans negotiated in any district with the parents or caregivers under this chapter and problems associated with compliance; 2. Any adjudication of the parents or caregivers of delinquency; 3. Any past or current injunction for protection from domestic violence; and 4. All of the child’s places of residence during the prior 12 months. (g) At the shelter hearing, each party shall provide to the court a permanent mailing address. The court shall advise each party that this address will be used by the court and the petitioner for notice purposes unless and until the party notifies the court and the petitioner in writing of a new mailing address. (h) The order for placement of a child in shelter care must identify the parties present at the hearing and must contain written findings:1. That placement in shelter care is necessary based on the criteria in subsections (1) and (2). 2. That placement in shelter care is in the best interest of the child. 3. That continuation of the child in the home is contrary to the welfare of the child because the home situation presents a substantial and immediate danger to the child’s physical, mental, or emotional health or safety which cannot be mitigated by the provision of preventive services. 4. That based upon the allegations of the petition for placement in shelter care, there is probable cause to believe that the child is dependent or that the court needs additional time, which may not exceed 72 hours, in which to obtain and review documents pertaining to the family in order to appropriately determine the risk to the child. 5. That the department has made reasonable efforts to prevent or eliminate the need for removal of the child from the home. A finding of reasonable effort by the department to prevent or eliminate the need for removal may be made and the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal if:a. The first contact of the department with the family occurs during an emergency; b. The appraisal of the home situation by the department indicates that the home situation presents a substantial and immediate danger to the child’s physical, mental, or emotional health or safety which cannot be mitigated by the provision of preventive services; c. The child cannot safely remain at home, either because there are no preventive services that can ensure the health and safety of the child or because, even with appropriate and available services being provided, the health and safety of the child cannot be ensured; or d. The parent or legal custodian is alleged to have committed any of the acts listed as grounds for expedited termination of parental rights in s. 39.806(1)(f)-(i). 6. That the department has made reasonable efforts to place the child in order of priority as provided in s. 39.4021 unless such priority placement is not a placement option or in the best interest of the child based on the criteria and factors set out in s. 39.01375. 7. That the department has made reasonable efforts to keep siblings together if they are removed and placed in out-of-home care unless such placement is not in the best interest of each child. It is preferred that siblings be kept together in a foster home, if available. Other reasonable efforts shall include short-term placement in a group home with the ability to accommodate sibling groups if such a placement is available. The department shall report to the court its efforts to place siblings together unless the court finds that such placement is not in the best interest of a child or his or her sibling. 8. That the court notified the parents, relatives that are providing out-of-home care for the child, or legal custodians of the time, date, and location of the next dependency hearing and of the importance of the active participation of the parents, relatives that are providing out-of-home care for the child, or legal custodians in all proceedings and hearings. 9. That the court notified the parents or legal custodians of their right to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s. 39.013. 10. That the court notified relatives who are providing out-of-home care for a child as a result of the shelter petition being granted that they have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child, if they so desire. 11. That the department has placement and care responsibility for any child who is not placed in the care of a parent at the conclusion of the shelter hearing. (9)(a) At any shelter hearing, the department shall provide to the court a recommendation for scheduled contact between the child and parents, if appropriate. The court shall determine visitation rights absent a clear and convincing showing that visitation is not in the best interest of the child. Any order for visitation or other contact must conform to s. 39.0139. If visitation is ordered but will not commence within 72 hours of the shelter hearing, the department shall provide justification to the court. (b) If siblings who are removed from the home cannot be placed together, the department shall provide to the court a recommendation for frequent visitation or other ongoing interaction between the siblings unless this interaction would be contrary to a sibling’s safety or well-being. If visitation among siblings is ordered but will not commence within 72 hours after the shelter hearing, the department shall provide justification to the court for the delay. (10)(a) The shelter hearing order shall contain a written determination as to whether the department has made a reasonable effort to prevent or eliminate the need for removal or continued removal of the child from the home. This determination must include a description of which specific services, if available, could prevent or eliminate the need for removal or continued removal from the home and the date by which the services are expected to become available. (b) If services are not available to prevent or eliminate the need for removal or continued removal of the child from the home, the written determination must also contain an explanation describing why the services are not available for the child. (c) If the department has not made an effort to prevent or eliminate the need for removal, the court shall order the department to provide appropriate and available services to ensure the protection of the child in the home when the services are necessary for the child’s health and safety. (11)(a) If a child is placed in a shelter pursuant to a court order following a shelter hearing, the court shall require in the shelter hearing order that the parents of the child, or the guardian of the child’s estate, if possessed of assets which under law may be disbursed for the care, support, and maintenance of the child, to pay, to the department or institution having custody of the child, fees as established by the department. When the order affects the guardianship estate, a certified copy of the order shall be delivered to the judge having jurisdiction of the guardianship estate. The shelter order shall also require the parents to provide to the department and any other state agency or party designated by the court, within 28 days after entry of the shelter order, the financial information necessary to accurately calculate child support pursuant to s. 61.30. (b) The court shall request that the parents consent to provide access to the child’s medical records and provide information to the court, the department or its contract agencies, and the guardian ad litem or attorney ad litem, if one is appointed, for the child. If a parent is unavailable or unable to consent or withholds consent and the court determines access to the records and information is necessary to provide services to the child, the court shall issue an order granting access. The court may also order the parents to provide all known medical information to the department and to any others granted access under this subsection. (c) The court shall request that the parents consent to provide access to the child’s child care records, early education program records, or other educational records and provide information to the court, the department or its contract agencies, and the guardian ad litem or attorney ad litem, if one is appointed, for the child. If a parent is unavailable or unable to consent or withholds consent and the court determines access to the records and information is necessary to provide services to the child, the court shall issue an order granting access. (d) The court may appoint a surrogate parent or may refer the child to the district school superintendent for appointment of a surrogate parent if the child has or is suspected of having a disability and the parent is unavailable pursuant to s. 39.0016(3)(b). (12) In the event the shelter hearing is conducted by a judge other than the juvenile court judge, the juvenile court judge shall hold a shelter review on the status of the child within 2 working days after the shelter hearing. (13) A child may not be held in a shelter under an order so directing for more than 60 days without an adjudication of dependency. A child may not be held in a shelter for more than 30 days after the entry of an order of adjudication unless an order of disposition has been entered by the court. (14) The time limitations in this section do not include:(a) Periods of delay resulting from a continuance granted at the request or with the consent of the child’s guardian ad litem or attorney ad litem, if one is appointed by the court. (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 material to the case when the requesting party has exercised due diligence to obtain such evidence and there are substantial grounds to believe that such evidence will be available within 30 days. However, if the requesting party is not prepared to proceed within 30 days, any other party, inclusive of the parent or legal custodian, 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 parents or legal custodians; however, the petitioner shall continue regular efforts to provide notice to the parents or legal custodians during such periods of delay. (d) Reasonable periods of delay resulting from a continuance granted at the request of the parent or legal custodian of a subject child. (e) Notwithstanding the foregoing, continuances and extensions of time are 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. Time is of the essence for the best interests of dependent children in conducting dependency proceedings in accordance with the time limitations set forth in this chapter. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party in advance of the particular circumstances or need arising upon which delay of the proceedings may be warranted. (f) Continuances or extensions of time may not total more than 60 days for all parties and the court on its own motion within any 12-month period during proceedings under this chapter. A continuance or extension beyond the 60 days may be granted only for extraordinary circumstances necessary to preserve the constitutional rights of a party or when substantial evidence demonstrates that the child’s best interests will be affirmatively harmed without the granting of a continuance or extension of time. (15) The department, at the conclusion of the shelter hearing, shall make available to parents or legal custodians seeking voluntary services any referral information necessary for participation in such identified services to allow the parents or legal custodians to begin the services as soon as possible. The parents’ or legal custodians’ participation in the services may not be considered an admission or other acknowledgment of the allegations in the shelter petition. (16) At the conclusion of a shelter hearing, the court shall notify all parties in writing of the next scheduled hearing to review the shelter placement. If the hearing will be held through audio or audio-video communication technology, the written notice must include all relevant information needed to attend the proceeding. The hearing must be held no later than 30 days after placement of the child in shelter status, in conjunction with the arraignment hearing, and at such times as are otherwise provided by law or determined by the court to be necessary. (17) At the shelter hearing, the court shall inquire of the parent whether the parent has relatives who might be considered as a placement for the child. The parent shall provide to the court and all parties identification and location information regarding the relatives. The court shall advise the parent that the parent has a continuing duty to inform the department of any relative who should be considered for placement of the child. (18) The court shall advise the parents in plain language what is expected of them to achieve reunification with their child, including that:(a) Parents must take action to comply with the case plan so permanency with the child may occur within the shortest period of time possible, but no later than 1 year after removal or adjudication of the child. (b) Parents must stay in contact with their attorney and their case manager and provide updated contact information if the parents’ phone number, address, or e-mail address changes. (c) Parents must notify the parties and the court of barriers to completing case plan tasks within a reasonable time after discovering such barriers. (d) If the parents fail to substantially comply with the case plan, their parental rights may be terminated and that the child’s out-of-home placement may become permanent. History.—s. 20, ch. 78-414; s. 13, ch. 80-290; s. 6, ch. 84-311; s. 5, ch. 85-80; s. 82, ch. 86-220; s. 5, ch. 87-133; s. 5, ch. 87-289; s. 12, ch. 88-337; s. 1, ch. 90-167; s. 7, ch. 90-208; s. 5, ch. 90-306; s. 3, ch. 92-158; s. 3, ch. 92-170; s. 7, ch. 92-287; s. 4, ch. 94-164; s. 58, ch. 94-209; s. 7, ch. 95-228; s. 3, ch. 97-96; s. 3, ch. 97-276; s. 58, ch. 98-403; s. 12, ch. 99-168; s. 23, ch. 99-193; s. 19, ch. 2000-139; s. 6, ch. 2000-151; s. 7, ch. 2000-217; s. 2, ch. 2001-68; s. 2, ch. 2002-216; s. 1, ch. 2005-65; s. 10, ch. 2006-86; s. 2, ch. 2007-109; s. 3, ch. 2009-35; s. 7, ch. 2009-43; s. 12, ch. 2014-224; s. 7, ch. 2017-151; s. 2, ch. 2018-108; s. 3, ch. 2019-128; s. 5, ch. 2019-142; s. 4, ch. 2021-169; s. 3, ch. 2023-302; s. 13, ch. 2024-70.
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Annotations, Discussions, Cases:
Cases Citing Statute 39.402
Total Results: 69
756 So. 2d 90, 2000 WL 551038
Supreme Court of Florida | Filed: May 4, 2000 | Docket: 471298
Cited 41 times | Published
placement imposed by the dependency court. See § 39.402(1)-(2), Fla. Stat. (Supp.1998). A child may not
997 So. 2d 349, 2008 WL 5170603
Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720571
Cited 29 times | Published
court may or must appoint a guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination
609 So. 2d 596
Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 1737989
Cited 14 times | Published
for the twenty-one-day period permitted by section 39.402(9), Florida Statutes (1991).
On October 31
483 So. 2d 861, 11 Fla. L. Weekly 536
District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 2509252
Cited 13 times | Published
is actually a detention hearing held under section 39.402(6)(a), Florida Statutes, and that if the facts
476 So. 2d 1275, 10 Fla. L. Weekly 457
Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1277675
Cited 11 times | Published
without an adjudication order by the trial court. § 39.402(7), Fla. Stat. (1983). The child in this case
801 So. 2d 1047, 2001 Fla. App. LEXIS 18240, 2001 WL 1645365
District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1744732
Cited 8 times | Published
the Department filed a shelter petition under section 39.402, Florida Statutes (2000), alleging that, about
66 So. 3d 366, 2011 Fla. App. LEXIS 11567
District Court of Appeal of Florida | Filed: Jul 26, 2011 | Docket: 2361291
Cited 6 times | Published
from the essential requirements of the law. Section 39.402(8)(c)(3), Florida Statutes (2010), requires
9 So. 3d 750, 2009 WL 1260109
District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 1222591
Cited 6 times | Published
than the maximum four months provided for by section 39.402.
In addition to these long delays, the record
875 So. 2d 715, 2004 WL 1219654
District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1684068
Cited 6 times | Published
it often.
Counsel for E.P. again stated that section 39.402, Florida Statutes (2003), required an opportunity
726 So. 2d 322, 1999 Fla. App. LEXIS 196, 1999 WL 9840
District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1711534
Cited 6 times | Published
provided when the state seeks custody of a child, see § 39.402(7)(b)5, Fla. Stat. (1997).
In seeking injunctive
586 So. 2d 1163, 1991 WL 168613
District Court of Appeal of Florida | Filed: Sep 5, 1991 | Docket: 1487963
Cited 5 times | Published
caretaker when alternative placement is necessary.); § 39.402(11), Fla. Stat. (1989) (Child shall not be held
389 So. 2d 1208
District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 1281885
Cited 5 times | Published
child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to
980 So. 2d 578
District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1419193
Cited 4 times | Published
to permit the children to be returned home. See § 39.402(7), Fla. Stat. (2007);[3]E.H. v. Dep't of Children
731 So. 2d 30, 1999 WL 123590
District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1408594
Cited 4 times | Published
filed an emergency motion for continuance under section 39.402(10)(b)2, Florida Statutes (1997), on the ground
546 So. 2d 21, 1989 Fla. App. LEXIS 3382, 1989 WL 62764
District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1731107
Cited 4 times | Published
extension of the "twenty-one day" rule found in Section 39.402(9), Florida Statutes (1987), which rule provides
28 So. 3d 217, 2010 Fla. App. LEXIS 2091, 2010 WL 624212
District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1652197
Cited 3 times | Published
three-year-old child in the father's home. See § 39.402, Fla. Stat. (2009). Before entering the order
939 So. 2d 74, 2006 Fla. LEXIS 2210, 2006 WL 2690230
Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 1237026
Cited 3 times | Published
magistrates from conducting shelter hearings under section 39.402, Florida Statutes (2005), and adjudicatory
920 So. 2d 75
District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609
Cited 3 times | Published
guardian ad litem to represent the minor. Id.
Section 39.402(8)(c), Florida Statutes (2004), requires the
456 So. 2d 1173
Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 1731915
Cited 3 times | Published
child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to
392 So. 2d 301
District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1678225
Cited 3 times | Published
have any contact with a delinquent [as under Section 39.402(4), prior Florida Statute].
HRS has a shelter
985 So. 2d 1178, 2008 Fla. App. LEXIS 9921, 2008 WL 2596323
District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1673700
Cited 2 times | Published
placing the minor child in a shelter, pursuant to section 39.402, Florida Statutes, entered by the Circuit Court
219 So. 3d 266, 2017 WL 2265372, 2017 Fla. App. LEXIS 7553
District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 60266475
Cited 1 times | Published
as evidence provided by DCF’s investigation. Section 39.402(9)(a), Florida Statutes (2016) provides:
At
82 So. 3d 163, 2012 WL 716142, 2012 Fla. App. LEXIS 3723
District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 60306104
Cited 1 times | Published
to place a child in shelter care pursuant to section 39.402(8)(h), Florida Statutes (2011). Among other
82 So. 3d 163, 2012 WL 716142
District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2415742
Cited 1 times | Published
to place a child in shelter care pursuant to section 39.402(8)(h), Florida Statutes (2011). Among other
65 So. 3d 1180, 2011 Fla. App. LEXIS 11543, 2011 WL 3055418
District Court of Appeal of Florida | Filed: Jul 26, 2011 | Docket: 60301647
Cited 1 times | Published
waiver of counsel is knowing and intelligent • Section 39.402(8)(c)(2), Florida Statutes (2010) — requiring
70 So. 3d 634, 2011 Fla. App. LEXIS 7154
District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 439789
Cited 1 times | Published
shall not preside over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing
987 So. 2d 828, 2008 WL 3539981
District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 2545560
Cited 1 times | Published
for parents who are unable to afford counsel); § 39.402(5)(b)(2) (requiring that parents or legal custodians
936 So. 2d 665, 2006 WL 1864480
District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1650937
Cited 1 times | Published
and "present evidence" at a shelter hearing. See § 39.402(5)(b)1, Fla. Stat. (2005) ("The parents or legal
877 So. 2d 797, 2004 WL 1486038
District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1684485
Cited 1 times | Published
Chapter 409, Florida Statutes.
More importantly, section 39.402(11), Florida Statutes, provides:
If a child
District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808616
Published
from the
essential requirements of law, citing section 39.402(7), Florida Statutes (2024) (“If
the child’s
District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69738943
Published
” See § 39.402(1)(a), Fla. Stat. (2024); see also
D.H.C., 360 So. 3d at 456 (quoting § 39.402(1)(a))
Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155443
Published
chapter 2024-70, Laws of Florida, revised
section 39.402(8)(c)1., Florida Statutes (2023), to delete
District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 68034618
Published
See In re B.F., 283 So. 3d at 993.
Section 39.402(1)(a), Florida Statutes (2022), provides for
Supreme Court of Florida | Filed: Oct 14, 2021 | Docket: 60646066
Published
shallmust not preside over a shelter hearing under
section 39.402, Florida Statutes, an adjudicatory hearing
District Court of Appeal of Florida | Filed: Sep 2, 2021 | Docket: 60334865
Published
into DCF custody (sheltered), as allowed by section 39.402(1)(a),
Supreme Court of Florida | Filed: Jan 9, 2020 | Docket: 16761646
Published
See ch. 2019-128, § 3, Laws of
Fla. (amending § 39.402(18), Fla. Stat. (2018)). Similarly, subdivision
District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503207
Published
II. Merits
Section 39.402(1)(a), Florida Statutes (2018), provides for
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211728
Published
non-parents can have “custody”
of a child. See, e.g., § 39.402, Fla. Stat. (2019) (allowing a child
believed
249 So. 3d 1175
Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471971
Published
ch. 2018-108, §§ 2, 7, Laws of Fla. (amending § 39.402(11)(c), Fla. Stat. (2017) effective July 1, 2018)
217 So. 3d 1072
District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669313
Published
and neglect was filed in dependency court. See § 39.402(l)(a), Fla. Stat. (2006). The petition alleged
192 So. 3d 592
District Court of Appeal of Florida | Filed: May 20, 2016 | Docket: 3066080
Published
3d 366, 368 (Fla. 1st DCA 2011)).
Under section 39.402(1)(a), Florida Statutes (2015), the trial court
161 So. 3d 477, 2014 WL 2893281, 2014 Fla. App. LEXIS 9715
District Court of Appeal of Florida | Filed: Jun 26, 2014 | Docket: 60247169
Published
cause to shelter E.R. We agree and reverse.1
Section 39.402(l)(a), Florida Statutes (2014), permits the
92 So. 3d 307, 2012 WL 2947772
District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310218
Published
W.] has been living with her in Key Largo.
Section 39.402(5)(b)2 of the Florida Statutes (2012) makes
107 So. 3d 1123, 2013 WL 645321
District Court of Appeal of Florida | Filed: Feb 18, 2012 | Docket: 60228559
Published
chapter 39 suggests otherwise. See §§ 39.401(1), § 39.402(1), 39.402(8)(d), Fla. Stat. (2011).
The Florida
28 So. 3d 978, 2010 Fla. App. LEXIS 2685, 2010 WL 743179
District Court of Appeal of Florida | Filed: Mar 4, 2010 | Docket: 2547981
Published
contrary to both the due process requirements of § 39.402(8)(b)(c) Fla. Stat. (2010) and a specific previous
24 So. 3d 706, 2009 Fla. App. LEXIS 20007, 2009 WL 4928008
District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1152402
Published
and placing the child in shelter care.
*707 Section 39.402(1)(a), Florida Statutes (2009), permits the
22 So. 3d 9, 34 Fla. L. Weekly Supp. 555, 2009 Fla. LEXIS 1663, 2009 WL 3132829
Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1639562
Published
date); ch. 2009-43, § 7, 18, Laws of Fla. (adding § 39.402(8)(h), Fla. Stat.; providing effective date).
9 So. 3d 750, 2009 Fla. App. LEXIS 4253
District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 60309080
Published
than the maximum four months provided for by section 39.402.
In addition to these long delays, the record
987 So. 2d 828, 2008 Fla. App. LEXIS 12139
District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 64855313
Published
for parents who are unable to afford counsel); § 39.402(5)(b)(2) (requiring that parents or legal custodians
975 So. 2d 1244, 2008 Fla. App. LEXIS 3453, 2008 WL 649435
District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 64853998
Published
such relief. The court’s authority arises from section 39.402, Florida Statutes (2007).
Under the statute
952 So. 2d 517, 32 Fla. L. Weekly Supp. 99, 2007 Fla. LEXIS 434, 2007 WL 763718
Supreme Court of Florida | Filed: Mar 15, 2007 | Docket: 1703247
Published
finds that such representation is unnecessary." § 39.402(8)(c)(1), Fla. Stat. (2006).[3] Accordingly, it
942 So. 2d 977, 2006 WL 3422050
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1736858
Published
agreed and granted DCF's shelter petition.
Section 39.402, Florida Statutes, states
(1) . . . [A] child
932 So. 2d 561, 2006 Fla. App. LEXIS 10640, 2006 WL 1751856
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64845603
Published
parents are given an opportunity to be heard. See § 39.402(5)(b)1, Fla. Stat. (2005).
Petition granted, order
917 So. 2d 334, 2005 Fla. App. LEXIS 20144, 2005 WL 3499923
District Court of Appeal of Florida | Filed: Dec 23, 2005 | Docket: 64841586
Published
motion to dismiss a dependency proceeding. See § 39.402, Fla. Stat. (2004).
REVERSED and REMANDED.
SAWAYA
894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713
Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240
Published
an order granting shelter care, pursuant to section 39.402(8)(h), Florida Statutes (2004).
In rule 8.315
882 So. 2d 491, 2004 Fla. App. LEXIS 13760
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832566
Published
found that such an award was authorized by section 39.402(11), Florida Statutes, which provides that
875 So. 2d 715, 2004 Fla. App. LEXIS 7919
District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 64831103
Published
it often.
Counsel for E.P. again stated that section 39.402, Florida Statutes (2003), required an opportunity
845 So. 2d 953, 2003 WL 1970335
District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 1432702
Published
minor/petitioner's treating therapist.[1]
Pursuant to section 39.402, Florida Statutes, the Department of Children
816 So. 2d 536, 27 Fla. L. Weekly Supp. 51, 2002 Fla. LEXIS 3, 2002 WL 5491
Supreme Court of Florida | Filed: Jan 3, 2002 | Docket: 64815188
Published
the juvenile statutes and rules, including section 39.402(5)(b)2, Florida Statutes (2001), shelter placement
725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859
Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918
Published
Fla. (amending section 39.402(7)(b), Florida Statutes (1997), to appear as section 39.402(8)©).
We find
764 So. 2d 4, 1998 Fla. App. LEXIS 10455
District Court of Appeal of Florida | Filed: Aug 6, 1998 | Docket: 64799308
Published
determination of the dependency petition. See § 39.402(6), Fla. Stat. (1997).
STONE, C.J., and GROSS
695 So. 2d 724, 1996 Fla. App. LEXIS 8907, 1996 WL 476875
District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 64774265
Published
care for sixty-seven days, in violation of section 39.402(9), which prohibits such shelter for more than
625 So. 2d 132, 1993 Fla. App. LEXIS 10643, 1993 WL 416292
District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 64743327
Published
of the child from her home, as required by section 39.402, Florida Statutes. This it must do by more
609 So. 2d 596, 17 Fla. L. Weekly Supp. 726, 1992 Fla. LEXIS 2015, 1992 WL 354400
Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 64692562
Published
for the twenty-one-day period permitted by section 39.402(9), Florida Statutes (1991).
On October 31
548 So. 2d 1200, 14 Fla. L. Weekly 2311, 1989 Fla. App. LEXIS 5341, 1989 WL 115568
District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 64644934
Published
for the continuation of shelter care under section 39.402(8)(a), the order is reversed. Upon remand the
518 So. 2d 1270, 13 Fla. L. Weekly 68, 1988 Fla. LEXIS 158, 1988 WL 9838
Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 64632147
Published
the child is to remain in a shelter. Fla.Stat. § 39.402(9)(a) and 10. At the detention hearing, the court
467 So. 2d 777, 10 Fla. L. Weekly 927, 1985 Fla. App. LEXIS 13471
District Court of Appeal of Florida | Filed: Apr 11, 1985 | Docket: 64611485
Published
1983, to November 22, 1983, pointing out that § 39.402(7), Florida Statutes, provides that no child may
456 So. 2d 1173, 9 Fla. L. Weekly 422, 1984 Fla. LEXIS 3420
Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 64607215
Published
child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to
389 So. 2d 1208, 1980 Fla. App. LEXIS 18000
District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 64578717
Published
child charged with having committed a crime. See § 39.402(4). Also, the court may commit a delinquent to
