Florida/Georgia Personal Injury & Workers Compensation

...To aid in these goals, a petition for dependency generally is filed to protect a child from neglect, abuse, or abandonment, and to aid the family in the reunification process. The primary goal in a dependency proceeding is to protect the child; it is not to punish the caregiver. See § 39.501(2), Fla....

...1st DCA 1990); In the Interest of L.S., 592 So.2d 802 (Fla. 4th DCA 1992). The court further observed that, in addition, the 1994 amendments to section 39.404(3)(c) [1] state in part: "The petition need not contain allegations of acts or omissions by both parents." Id. The statute now in effect, section 39.501, Florida Statutes (2003), contains the same language....

...The non-offending parent's presumptive right to custody is mandatory and not subject to a separate determination of the child's best interests. See Roberts, 687 So.2d at 51. At the disposition hearing, all parties are permitted to present evidence and argument. § 39.501(3)(b), Fla....

...As a nonoffending parent, B.C. would be entitled to placement at disposition unless the placement was shown to endanger the children. See § 39.521, Fla. Stat. (2003). [4] REVERSED AND REMANDED. PETERSON and PLEUS, JJ., concur. NOTES [1] Section 39.404 was renumbered as section 39.501, and amended by chapter 98-403, section 62, Laws of Florida 1998, effective Oct. 1, 1998. [2] 39.501....

...As the supreme court has stated, "[t]he purpose of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused." In re M.F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) ("The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.")....

...altogether. The circuit court also ordered the mother not to permit the father to have contact with M.G., and that, on the specified conditions, M.G. remain in her mother's custody. *1049 The Department subsequently filed a dependency petition under section 39.501, Florida Statutes (2000)....

...Specifically, the Florida Statutes lay out the process in great detail, from the -8- initial child protective services investigation (section 39.301), the shelter hearing (section 39.401), the adjudication of dependency (section 39.501), the case plan (section 39.6011), and finally the permanency determination (section 39.621) and the termination of parental rights (section 39.801). The Florida Rules of Juvenile Procedure governing Dependency and Terminatio...

..., either the training or equipment needed to provide D.J. with the medical treatment necessary to manage her health issues. Because the purpose of an adjudication of dependency is "the protection of the child and not the punishment of the [parent]," § 39.501(2), the trial court did not abuse its discretion by adjudicating D.J....

...was preponderance of evidence, not clear and convincing evidence. § 39.507(1)(b), Fla. Stat. (2001). The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla....

...This appeal stems from a dependency petition filed by the Immigrant Children's Justice Clinic at Florida International University College of Law seeking to have seventeen year old T.J. declared dependent for the express purpose of permitting her to seek special immigration juvenile status. See § 39.501(1), Fla....

...This is not a case or controversy and not, therefore, a basis for court action. [7] The respondents base their position on the statutory language providing that "any ... person with knowledge *1142 of the facts alleged," not excluding a parent, may file a petition for dependency. See § 39.501(1), Fla....

...The DCFS did not recommend removing the child from his father's home. Thus, this litigation is between the family members, just like the custody proceedings in Dade County. This is also a reason not to presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts alleged or information which the person believes to be true to file a petition for dependency....

...The Florida Supreme Court has said, "The purpose of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused." M.F. v. Florida Department of Children and Families, 770 So.2d 1189, 1193 (Fla.2000) (citation omitted); see also § 39.501(2), Fla....

...R. v. Dep't of Children & Families, 826 So.2d 449, 450 (Fla. 5th DCA 2002). Chapter 39, Florida Statutes, seeks to guarantee each child in Florida a safe and supportive home environment and to preserve the family unit whenever possible. To this end, section 39.501(2), Florida Statutes (2005), provides that "[t]he purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency." See also M.W....

...did not make him a non-party to the dependency. Florida law does not require the filing of dependency actions against both parents. It permits DCF to allege acts committed by only one parent as the basis of the petition and to obtain an adjudication as to only one parent. See § 39.501(3)(c), Fla....

...be appointed counsel." § 39.013(1), Fla. Stat. (2003). The reference to "parents" appears to refer to those parents who are respondents; parents against whom allegations of the acts or omissions giving rise to the need for dependency are made. See § 39.501(3)(c), Fla....

informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (emphasis added). See also Fla

...tion standard of review. A.B. v. Dep't of Children & Families, 834 So.2d 350, 351 (Fla. 4th DCA 2003). The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla....

...Facts The Father left his family in April of 2012, and moved from South Florida to North Carolina. The following month, the Department of Children and Families (DCF) filed a Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 of the Florida Statutes.2 DCF’s Petition for Dependency of the children suggests that the Father’s departure was abrupt and without concern for the immediate well-being of the children....

...to sanction the mother for not attending the review hearing or complying with the court's directives. The purpose of a dependency proceeding is "the protection of the child and not the punishment of the person creating the condition of dependency." § 39.501(2), Fla....

..." Section 39.502(15) requires that a parent who is identified with a mental illness be advised of the availability of mental health advocacy services. However, we find no provision that these services would be available for an incarcerated prisoner. Section 39.501(2) states that: "The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency." The whole purpose of a depen...

...Based on this plain language any imposition of a qualifier or restriction on the definition of the term “parent” or on which “parent” is entitled to the statutorily mandated, court-appointed counsel contradicts the plain meaning of the statute. The analysis in C.L.R. relies on sections 39.501(3)(c) and .505, Florida Statutes, to conclude that only “offending parents” are afforded counsel. However, there is no basis in either subsection to support this conclusion. Section 39.501(3)(c) merely states that a petition for dependency is not required to recite allegations against both parents....

...As the supreme court has stated, “[t]he purpose of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused.” In re M.F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) (“The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.”)....

...Dep’t of Children & Families, 826 So.2d 449, 450 (Fla. 5th DCA 2002). Chapter 39, Florida Statutes, seeks to guarantee each child in Florida a safe and supportive home environment and to preserve the family unit whenever possible. To this end, section 39.501(2), Florida Statutes (2005), provides that “[t]he purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.” See also M.W....

...rrect law and its ruling is supported by competent substantial evidence.” J.C. v. Fla. Dep’t of Children & Family Servs., 937 So.2d 184, 186 (Fla. 3d DCA 2006). Here, the trial court applied the correct law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent substantial evidence to support the trial court’s finding of dependency....

correct law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent

...did not make him a non-party to the dependency. Florida law does not require the filing of dependency actions against both parents. It permits DCF to allege acts committed by only one parent as the basis of the petition and to obtain an adjudication as to only one parent. See § 39.501(3)(c), Fla....

...pointed counsel.” § 39.013(1), Fla. Stat. (2003). The reference to “parents” appears to refer to those parents who are respondents; parents against whom allegations of the acts or omissions giving rise to the need for dependency are made. See § 39.501(3)(c), Fla....

...ther the training or equipment needed to provide D.J. with the medical treatment necessary to manage her health issues. Because the purpose of an adjudication of dependency is “the protection of the child and not the punishment of the [parent],” § 39.501(2), the trial court did not abuse its discretion by adjudicating D.J....

...The parents and child have had a rough road to navigate and will continue to face monumental obstacles. The purpose of the finding of dependency is not to punish the parents, but rather to help them meet the needs of a very challenged little girl. § 39.501(2), Fla....

...to file the sworn petition, subject only to a review of legal sufficiency by the state attorney. We note that chapter 39 has since been substantially amended and now requires an attorney representing the Department file the petition for dependency. § 39.501(3)(a), Fla....

...Committee. The more significant amendments make the following changes to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla....

...Stat.). The amendment to rule 8.310(a) (Dependency Petitions; Contents) adds information concerning safety planning offered to the child’s parents or legal custodians to the list of things that must be described in a dependency petition. See ch. 2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla....

for bringing a dependency action. However, section 39.501(1) provides that that “an attorney for the

...Facts The Father left his family in April of 2012, and moved from South Florida to North Carolina. The following month, the Department of Children and Families (DCF) filed a Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 of the Florida Statutes.2 DCF’s Petition for Dependency of the children suggests that the Father’s departure was abrupt and without concern for the immediate well-being of the children....

...Based on this plain language any imposition of a qualifier or restriction on the definition of the term "parent" or on which "parent" is entitled to the statutorily mandated, court-appointed counsel contradicts the plain meaning of the statute. The analysis in C.L.R . relies on sections 39.501(3)(c) and .505, Florida Statutes, to conclude that only "offending parents" are afforded counsel. However, there is no basis in either subsection to support this conclusion. Section 39.501(3)(c) merely states that a petition for dependency is not required to recite allegations against both parents....

...s insufficient to guarantee a parent’s due process rights. The seventy-two-hour time period corresponds to existing provisions in the juvenile statutes and rules, including section 39.402(5)(b)2, Florida Statutes (2001), shelter placement hearing; section 39.501(4), Florida Statutes (2001), hearing on petition for dependency; section 39.521(l)(a), Florida Statutes (2001), disposition hearing; section 39.601(2), Florida Statutes (2001), case plan requirements; section 39.701(6)(b), Florida Stat...

...§ 1101 (a)(27)(J)(i)-(iii). 2 1 A petition filed by a person who has knowledge of the facts but is not filing on behalf of the State is commonly referred to as a “private petition for dependency,” to distinguish such a case from one initiated by the DCF. See § 39.501 Fla....

...Committee. The more significant amendments make the following changes to the rules. 2. See ch. 2014-166, § 1, Laws of Fla. (amending § 39.701(3)(a), Fla. Stat.); ch. 2014-224, §§ 12, 13, 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla....

...Stat.). The amendment to rule 8.310(a) (Dependency Petitions; Contents) adds information concerning safety planning offered to the child’s parents or legal custodians to the list of things that must be described in a dependency petition. See ch. 2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla....

...3d DCA 2007) (Shepherd, concurring). “The purpose of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused.” R.F. v. Dep’t of Children & Families, 770 So.2d 1189, 1193 (Fla.2000). See § 39.501(2)....

...Such a construction, absent express legislative intent, is inconsistent with the State’s parens patriae interest in the welfare of children within its jurisdiction. The form and contents of a petition for adjudication of dependency are prescribed in Florida Rule of Juvenile Procedure 8.310. See § 39.501(3)(b), Fla. Stat....

...The DCFS did not recommend removing the child from his father’s home. Thus, this litigation is between the family members, just like the custody proceedings in Dade County. This is also a reason not to presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts alleged or information which the person believes to be true to file a petition for dependency....

informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201(a)(2)

seek special immigration juvenile status. See § 39.501(1), Fla. Stat. (2010) (“All proceedings seeking