The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Those options are provided in section 39.521(3)(b), Florida Statutes (2018), which states, in pertinent . . . or to a relative or another adult approved by the court shall be the best interest of the child. § 39.521 . . . However, we conclude that 39.521(3)(b)'s use of the phrase "may do either," when taken in context of . . . Our conclusion that section 39.521(3)(b)'s use of the phrase "may do either" logically can be interpreted . . . Our conclusion that 39.521(3)(b)'s use of the phrase "may do either" logically can be interpreted only . . .
. . . We reverse because in entering the order, the trial court ignored the provisions of section 39.521(7) . . .
. . . the extent they acknowledge that the circuit court failed to comply with the requirements of section 39.521 . . .
. . . (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801( . . .
. . . Father”), denying reunification with her, and relinquishing jurisdiction by erroneously applying section 39.521 . . .
. . . See §§ 39.521(3)(b), 39.522(1), Fla. Stat. (2016). . . .
. . . ordering a change in the placement of a dependent child is the child’s best interest, and that: [Sjection 39.521 . . .
. . . the facts in this case, the trial court was required to conduct a disposition hearing under section 39.521 . . .
. . . disposition, she would seek to have the children placed with the father in Massachusetts pursuant to section 39.521 . . . The statute reads, in relevant, part, as follows: 39.521 Disposition hearings; powers of disposition . . .
. . . . § 39.521(1)(b), Fla. Stat. (2016); C.K. v. . . .
. . . (citing §§ 39.521, 39.621, Fla. Stat. (2014);. Fla. R. Juv. P. 8.345; F.E., 1 So.3d 305). . . .
. . . Specifically, section 39.521 provides that: (b) when any child is adjudicated by a court to be dependent . . . relative of the child or another adult approved by the court, or in the custody of the department.... § 39.521 . . .
. . . .”' § 39.521(4), Fla. Stat. (2015). . . .
. . . See, e.g., § 39.521(3)(b)l, Fla. . . .
. . . identified the statute: “The Department’s position was based on the legislative requirement, pursuant to § 39.521 . . . Section 39.521 (l)(b)(3) of the Florida Statutes requires placement of all children adjudicated dependent . . . See § 39.521(c), Fla. Stat. (2014). . . .
. . . . ' The department’s position below was based on the legislative requirement, pursuant to . section 39.521 . . .
. . . shelter and shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory hearing); 39.521 . . .
. . . Because an order terminating supervision does not necessarily end a dependency proceeding, see §§ 39.521 . . .
. . . See §§ 39.01(59), 39.521(l)(b)3., Fla. Stat. (2000). . . . function was DCF’s “protective supervision” of Rilya in the home of an adult approved by the court. § 39.521 . . . DCF’s particular responsibilities toward Rilya and Rodricka derive from section 39.521 of the Florida . . . See §§ 20.19(l)(a), 39.001(l)(b)(l), 39.4085, and 39.521(l)(b)3., Fla. Stat. (2000). . . . .
. . . See § 39.521(1), Fla. Stat. . . . Accordingly, we reverse and remand for a properly noticed disposition hearing as required by section 39.521 . . .
. . . is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521 . . .
. . . court shall hold the disposition hearing, and make the findings required for disposition under section 39.521 . . .
. . . We recognize that section 39.521(3)(b)(l), Florida Statutes (2011), gives a court the option to place . . . The alternative option, in section 39.521(3) (b) (2), allows the court to order that reunification services . . . See § 39.521(3)(b)(2). . . .
. . . See § 39.521(4), Fla. . . .
. . . Furthermore, section 39.408(3) [now section 39.521(1) ] requires the court to review the order of adjudication . . .
. . . Dep’t of Children & Families, 855 So.2d 175, 176 (Fla. 5th DCA 2003); see also § 39.521(l)(b), Fla.Stat . . .
. . . See § 39.521(l)(b)(l), Fla. Stat. (2010). . . .
. . . . § 39.521(l)(b)l., Fla. Stat. (2011). . . .
. . . The mother acknowledges that pursuant to section 39.521(3)(b), Florida Statutes (2011), a trial court . . .
. . . non-offending parent with a “presumptive right to custody” pending any reunification; under section 39.521 . . .
. . . See §§ 409.401 and 39.521(S)(b), Fla. Stat. . . .
. . . DCF claims at that point, the trial court could terminate supervision in accordance with section 39.521 . . .
. . . In accord with the requirements of section 39.521(7), Florida Statutes (2009), when the trial court reunites . . .
. . . A similar distinction between licensed foster care and non-relative placement is made in section 39.521 . . .
. . . . § 39.521, Fla. Stat. (2008). PALMER, TORPY and COHEN, JJ, concur. . . .
. . . order awarding permanent custody of her two middle children to their non-offending father under section 39.521 . . .
. . . the trial court explained that the award of sole custody to the father was made pursuant to section 39.521 . . . Accordingly, pursuant to section 39.521(3)(b)l., the trial court was authorized to award the father sole . . .
. . . dependency case, it seems clear that the order of disposition in this case, rendered pursuant to section 39.521 . . .
. . . See § 39.521. . . .
. . . The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically requires that the . . . See § 39.521(3)(b). . . . See § 39.521(1) (“A disposition hearing shall be conducted by the court, if the court finds that the . . .
. . . See § 39.521(7), Fla. Stat. (2005). . . .
. . . Section 39.521(l)(b)(l) specifically provides that when a child is adjudicated dependent, the court has . . . See §§ 39.521 (3)(b), 39.522, Fla. Stat. (2008). . . .
. . . In addition, section 39.521(l)(d)8.b., Florida Statutes, expressly provides that when “no suitable relative . . .
. . . standard under section 39.522(1), Florida Statutes (2007), instead of the standard set forth in section 39.521 . . . hearing, the trial court entered an order rejecting the standard urged by the Department under section 39.521 . . . Section 39.521(3)(b) requires the court to place a child who is adjudicated to be dependent, as to one . . .
. . . granted "temporary legal custody” of K.M. pursuant to the dependency disposition option listed in section 39.521 . . .
. . . See § 39.521(2)(r), Fla. Stat. (2007). . . .
. . . .” § 39.521(l)(b)(l), Fla. Stat. (2006). . . .
. . . (“the Father”), pursuant to section 39.521(3)(b), Florida Statutes (2006). . . . reversed, ordering the trial court to reconsider the matter in accordance with the requirements of section 39.521 . . . Section 39.521(3) reads as follows, in pertinent part: (3) When any child is adjudicated by a court to . . . See, e.g., § 39.521(3)(c), (d). . . .
. . . In addition, although section 39.521(b)3 provides that the court’s “termination of supervision may be . . . See § 39.521(b), Fla. Stat. (2006). . . .
. . . Section 39.521 of the Florida Statutes, provides in pertinent part: 3) When any child is adjudicated . . . placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. § 39.521 . . .
. . . Analysis Section 39.521(3)(b), Florida Statutes (2005), provides in pertinent part: If there is a parent . . .
. . . court’s denial of his motion to modify placement of his children, A.B. and J.B., pursuant to section 39.521 . . . Section 39.521(3)(b), Florida Statutes (2006), provides that, following an adjudication of dependency . . .
. . . Section 39.521(3)(b), Florida Statutes (2006), provides: Section 39.521, Disposition hearings; powers . . . Thus, according to section 39.521(3)(b), once the trial court decides to place the dependent child with . . . The relationship between sections 39.522(2) and 39.521(3)(b), Florida Statutes, was recently clarified . . . where “the lower court changed custody of the minor child to the child’s father pursuant to section 39.521 . . .
. . . See § 39.521(l)(b), Fla. Stat.; J.P. v. . . .
. . . the trial court to reconsider its placement decision in accordance with the requirements of section 39.521 . . . Citing section 39.521(3)(b), the Father argues on appeal that the trial court abused its discretion by . . . Section 39.521(3)(b) effectuates these rights by requiring that: (3) When any child is adjudicated by . . . See 39.521(3)(b). . . . for custody, we reverse and remand for reconsideration in accordance with the requirements of section 39.521 . . .
. . . If not, the trial court shall conduct a disposition hearing in accordance with section 39.521(3)(b), . . . See § 39.521(3)(b), Fla. Stat. (2006). REVERSED and REMANDED. ORFINGER and MONACO, JJ., concur. . . .
. . . Lastly, section 39.521(3)(d) requires that “[t]he order terminating supervision by the department shall . . .
. . . See § 39.521, Fla. . . .
. . . Section 39.521, Florida Statutes, dealing with disposition in dependency cases identifies many different . . .
. . . See § 39.521(3)(b), Fla. Stat.; see also L.P., father of J.Q. v. . . . See § 39.521(3)(b)l., Fla. Stat. (2004). . . . See § 39.521(3)(b)2„ Fla. Stat. (2004). . . .
. . . Benway, 745 So.2d 437 (Fla. 5th DCA 1999); § 39.521(7), Fla. Stat. (2004). . . .
. . . case, the lower court changed custody of the minor child to the child’s father pursuant to section 39.521 . . .
. . . See § 39.521(1), Fla. Stat. . . . child to the father without (1) preparation of a predisposition report or written case plan, section 39.521 . . . (l)(a), Florida Statutes, and (2) a home study by the department, section 39.521(2)(r), Florida Statutes . . .
. . . See section 39.521(3), Florida Statutes (2003) and H.P. v. . . .
. . . the trial court’s denial of his motion to modify placement of his child, M.H., pursuant to section 39.521 . . . Section 39.521(3)(b), Florida Statutes (2003), entitled “Disposition hearings; powers of disposition, . . . father of a seventeen-month-old developmentally disabled son sought custody of his son under section 39.521 . . .
. . . Section 39.521 (l)(d)(7), Florida Statutes, governing disposition hearings provides that if a child is . . .
. . . For instance, section 39.521(d)(7) provides that, for a child like S.M. who is in out-of-home placement . . .
. . . Section 39.521(3)(b), Florida Statutes (2002), provides that, following an adjudication of dependency . . .
. . . See § 39.521(l)(b)(3), Fla. . . .
. . . Lastly, section 39.521, Florida Statutes (2003), provides the procedure to be followed for placement . . . When read together, sections 39.01(14)(a) and 39.521, Florida Statutes (2003), provide a comprehensive . . . See § 39.521, Fla. Stat. (2003); Roberts v. Fla. . . . See § 39.521, Fla. Stat. (2003). . . . See § 39.521, Fla. Stat. (2003). REVERSED AND REMANDED. PETERSON and PLEUS, JJ., concur. . . . .
. . . .”); § 39.521(l)(d)7, Fla. . . .
. . . Section 39.521(3)(b) requires the court to place a child adjudicated to be dependent as to one parent . . . affirm the portion of the order placing the child in the custody of the Department based on section 39.521 . . . classes and domestic violence counseling are nevertheless affirmed pursuant to sections 39.407(14) and 39.521 . . . PETERSON and GRIFFIN, JJ., concur. . § 39.521. . . . order the person to submit to a physical or mental examination by a qualified professional.... . § 39.521 . . .
. . . DCF also relies upon section 39.521(4), Florida Statutes (2002), which gives it the authority “to determine . . .
. . . Section 39.521(2)(r) provides the home study criteria required by the chapter: (r) If the child has been . . . Based on the following language in section 39.521(2)(r), T.L. argues that the trial court has discretion . . . necessary to enable the trial judge to make a well-informed best interest determination under section 39.521 . . .
. . . Section 39.521 of the Florida Statutes (2001) also provides such authority, stating in relevant part: . . . 39.521. . . .
. . . Department of Children and Family Services, 837 So.2d 1098, 1101-1102 (Fla. 4th DCA 2003); § 39.521(l . . .
. . . the trial court on remand shall make written findings with respect to M.P. in accordance with section 39.521 . . .
. . . Although section 39.521(3)(b), Florida Statutes, requires the trial court to place the children with . . .
. . . . §§ 39.507(7); 39.521(1). . . . Id. § 39.521(l)(a). . . .
. . . without requiring the Department to complete and file a home study on the father as dictated by section 39.521 . . .
. . . See § 39.521(l)(b)3, Fla. Stat. (2002). . . . .” § 39.521(3)(b). That placement continued throughout these proceedings. . . . or to a relative or another adult approved by the court shall be the best interest of the child. § 39.521 . . . terminated by the court whenever the court determines that permanency has been achieved for the child.” § 39.521 . . . Section 39.521(3)(c) allows the court to do the following: If no fit parent is willing or available to . . .
. . . Discretion to terminate jurisdiction would not be exercised pursuant to Florida Statute 39.521(3)(b)l . . . Home Study Section 39.521(3)(b), Florida Statutes (2001), provides that if a parent with whom a child . . . Section 39.521(2)(r) places the burden on DCF to conduct the study and specifies the minimum requirement . . . Section 39.521(3)(b)l, Florida Statutes (2001), authorizes the court to terminate jurisdiction after . . .
. . . Section 39.521(3)(b), Florida Statutes, requires placement with a non-offending parent in the absence . . .
. . . order for an out-of-home placement must contain a written determination in accordance with section 39.521 . . .
. . . . § 39.521(l)(b)(3) (2001). . . .
. . . .” § 39.521(4), Fla. Stat. (2000). . . .
. . . entered by the trial court placing her daughter in the custody of the child’s father pursuant,to section 39.521 . . .
. . . temporary legal custody to the relative under protective supervision of the department pursuant to s. 39.521 . . .
. . . Section 39.521(3)(b)2, Florida Statutes (2000), states: (3) When any child is adjudicated by the court . . .
. . . placement hearing; section 39.501(4), Florida Statutes (2001), hearing on petition for dependency; section 39.521 . . .
. . . See §§ 39.013(4), 39.521(3)(b)1., Fla. Stat. (2001); Fla. R. Juv. P. 8.260(d). . . .
. . . . § 39.521 (2001), the circuit court holds a disposition hearing if the court finds the facts alleged . . . Fla.Stat. § 39.521(1). . . . Fla.Stat. § 39.521(l)(a). . . . Fla.Stat. §§ 39.507, 39.521, & 39.701(1); see also In the Interest of L.W., 615 So.2d at 838 (“In [dependency . . .