The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.501

39.501 Petition for dependency.—

(1) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(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.

(3)(a) The petition shall be in writing, shall identify and list all parents, if known, and all current legal custodians of the child, and shall be signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. When the petition is filed by the department, it shall be signed by an attorney for the department.

(b) The form of the petition and its contents shall be determined by rules of juvenile procedure adopted by the Supreme Court.

(c) The petition must specifically set forth the acts or omissions upon which the petition is based and the identity of the person or persons alleged to have committed the acts or omissions, if known. The petition need not contain allegations of acts or omissions by both parents.

(d) The petitioner must state in the petition, if known, whether:

1. A parent or legal custodian named in the petition has previously unsuccessfully participated in voluntary services offered by the department;

2. A parent or legal custodian named in the petition has participated in mediation and whether a mediation agreement exists;

3. A parent or legal custodian has rejected the voluntary services offered by the department;

4. A parent or legal custodian named in the petition has not fully complied with a safety plan; or

5. The department has determined that voluntary services are not appropriate for the parent or legal custodian and the reasons for such determination.

If the department is the petitioner, it shall provide all safety plans as defined in s. 39.01 involving the parent or legal custodian to the court.

(4) When a child has been placed in shelter status by order of the court, a petition alleging dependency must be filed within 21 days after the shelter hearing, or within 7 days after any party files a demand for the early filing of a dependency petition, whichever comes first. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation. The child’s parent or legal custodian must be served with a copy of the petition at least 72 hours before the arraignment hearing.

(5) A petition for termination of parental rights may be filed at any time.

History.—s. 20, ch. 78-414; s. 7, ch. 84-311; s. 1, ch. 85-338; s. 7, ch. 87-289; s. 14, ch. 88-337; s. 6, ch. 90-306; s. 5, ch. 92-170; s. 8, ch. 94-164; s. 62, ch. 98-403; s. 25, ch. 99-193; s. 13, ch. 2014-224.

Note.—Former s. 39.404.

F.S. 39.501 on Google Scholar

F.S. 39.501 on Casetext

Amendments to 39.501

Arrestable Offenses / Crimes under Fla. Stat. 39.501

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.501.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In B. R. C. M. a v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 215 So. 3d 1219 (Fla. 2017)

. . . .” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201(a)(2). . . . .

L. C. R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 207 So.3d 339 (Fla. Dist. Ct. App. 2016)

. . . Here, the trial court applied the correct law, finding the Minor dependent under section 39.501(2), Florida . . .

O. I. C. L. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 205 So. 3d 575 (Fla. 2016)

. . . .” § 39.501(1), Fla. Stat. (emphasis added). See also Fla. R. Juv. P. 8.201(a)(2). . . .

S. M. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 202 So. 3d 769 (Fla. 2016)

. . . investigation (section 39.301), the shelter hearing (section 39.401), the adjudication of dependency (section 39.501 . . .

B. G. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 189 So. 3d 305 (Fla. Dist. Ct. App. 2016)

. . . . §§ 39.501-521, Fla. Stat. (2015). . . .

R. J. a v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 187 So. 3d 362 (Fla. Dist. Ct. App. 2016)

. . . . §§ 39.01(15)(a),(f); 39.501, Fla. Stat. (2014). . . . However, section 39.501(1) provides that that “an attorney for the department, or any other person who . . . they are true” may file a petition for dependency and thus also allows for a “private petition.” § 39.501 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. S. A. E. A. A. A. E., 184 So. 3d 615 (Fla. Dist. Ct. App. 2016)

. . . See § 39.501 Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 191 So. 3d 257 (Fla. 2016)

. . . (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. . . .

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

. . . matter, conceded, the purpose of the dependency provisions of Chapter 39 of the Florida Statutes, §§ 39.501 . . .

S. V. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 178 So. 3d 421 (Fla. Dist. Ct. App. 2015)

. . . Petition of Dependency, seeking to adjudicate the Father’s two children as dependent under section 39.501 . . .

In Y. V. a, 160 So. 3d 576 (Fla. Dist. Ct. App. 2015)

. . . See § 39.501(3)(b), Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 158 So. 3d 523 (Fla. 2015)

. . . (amending § 39.501(3)(d), Fla. Stat.). . . .

In A. P. J. P. Jr. J. P. Sr. v. Ad, 135 So. 3d 541 (Fla. Dist. Ct. App. 2014)

. . . See § 39.501(2). . . .

A. J. A. J. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 111 So. 3d 980 (Fla. Dist. Ct. App. 2013)

. . . . § 39.501(2), Fla. Stat. (2011). AFFIRMED. LAWSON and EVANDER, JJ., concur. . . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. Y. C. Ad, 82 So. 3d 1139 (Fla. Dist. Ct. App. 2012)

. . . See § 39.501(1), Fla. Stat. (2010). . . .

In T. J. a, 59 So. 3d 1187 (Fla. Dist. Ct. App. 2011)

. . . See § 39.501(1), Fla. . . .

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

. . . The analysis in C.L.R. relies on sections 39.501(3)(c) and .505, Florida Statutes, to conclude that only . . . Section 39.501(3)(c) merely states that a petition for dependency is not required to recite allegations . . .

S. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 33 So. 3d 837 (Fla. Dist. Ct. App. 2010)

. . . . §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). . . .

In D. J. a C. J. v. Ad, 9 So. 3d 750 (Fla. Dist. Ct. App. 2009)

. . . adjudication of dependency is “the protection of the child and not the punishment of the [parent],” § 39.501 . . .

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

. . . . § 39.501 (describing the requirements of a petition for dependency). . . .

B. M. v. DEPARTMENT OF CHILDREN FAMILIES,, 981 So. 2d 1229 (Fla. Dist. Ct. App. 2008)

. . . .” § 39.501(2), Fla. Stat. (2007). . . .

S. K. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 959 So. 2d 1209 (Fla. Dist. Ct. App. 2007)

. . . Section 39.501(2) states that: “The purpose of a petition seeking the adjudication of a child as a dependent . . .

Y. P. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 939 So. 2d 1118 (Fla. Dist. Ct. App. 2006)

. . . To this end, section 39.501(2), Florida Statutes (2005), provides that “[t]he purpose of a petition seeking . . .

In K. B. M. B. M. B. v., 937 So. 2d 709 (Fla. Dist. Ct. App. 2006)

. . . In re M.F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) (“The purpose of a petition seeking . . .

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

. . . Procedure 8.210, which define “parent,” “participant,” and “party,” and the provisions of sections 39.501 . . .

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)

. . . See § 39.501(3)(c), Fla. Stat. . . . See § 39.501(3)(c), Fla. Stat. (2003); § 39.505, Fla. Stat. (2003). . . .

M. W. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 881 So. 2d 734 (Fla. Dist. Ct. App. 2004)

. . . Department of Children and Families, 770 So.2d 1189, 1193 (Fla.2000) (citation omitted); see also § 39.501 . . .

B. C. S. C. D. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 864 So. 2d 486 (Fla. Dist. Ct. App. 2004)

. . . The statute now in effect, section 39.501, Florida Statutes (2003), contains the same language. . . . At the disposition hearing, all parties are permitted to present evidence and argument. § 39.501(3)(b . . . 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. . 39.501. . . .

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

. . . See § 39.501(2), Fla. . . .

A. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 834 So. 2d 350 (Fla. Dist. Ct. App. 2003)

. . . .” § 39.501(2), Fla. Stat. (2002). . . .

D. CHILDREN, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 820 So. 2d 980 (Fla. Dist. Ct. App. 2002)

. . . .” § 39.501(2), Fla. Stat. . . .

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 39.501(1) permits any person with knowledge of facts alleged or information which the person . . .

AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE AND, 816 So. 2d 536 (Fla. 2002)

. . . rules, including section 39.402(5)(b)2, Florida Statutes (2001), shelter placement hearing; section 39.501 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. L. G. L. G. M. G. a, 801 So. 2d 1047 (Fla. Dist. Ct. App. 2001)

. . . The Department subsequently filed a dependency petition under section 39.501, Florida Statutes (2000) . . .

M. E. G. S. R. G. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 805 So. 2d 40 (Fla. Dist. Ct. App. 2001)

. . . It was the maternal grandparents who exercised their rights under sections 39.501(1) and 39.802(1), Florida . . .

JOHNSON, v. SACKETT, n k a St. L. A., 793 So. 2d 20 (Fla. Dist. Ct. App. 2001)

. . . . § 39.501(3)(a), Fla. Stat. (2000). . . .