CopyCited 289 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 8745, 2003 WL 21027240
...an adjudicatory hearing as soon as practicable. Fla. Stat. §
39.507. If the facts
alleged in the dependency petition are proven in the adjudicatory hearing and the
child is determined to be dependent, the state court conducts a disposition hearing.
Id. §§
39.507(7);
39.521(1). The Department must prepare a written case plan and
a predisposition study and file these items with the court no later than 72 hours
before the disposition hearing. Id. §
39.521(1)(a).
The case plan is a document that “follows the child from the provision of
voluntary services through any dependency, foster care, or termination of parental
rights proceeding or related activity or process.” Id....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2003 WL 69505
...(2001) rendered it unconstitutional to the extent that it precludes or delays placement of children in the custody of a nonoffending parent when no detriment to the children is shown. 4. Discretion to terminate jurisdiction would not be exercised pursuant to Florida Statute 39.521(3)(b)1 because of a 1994 Massachusetts decree that awarded custody to the father. [1] The mother cross-appeals the trial court's reservation of jurisdiction. Home Study Section 39.521(3)(b), Florida Statutes (2001), provides that if a parent with whom a child was not residing at the time the events arose leading to the court's jurisdiction wishes to assume custody, the court shall place the child with the parent after a home study. Section 39.521(2)(r) places the burden on DCF to conduct the study and specifies the minimum requirement of the home study's contents....
...est interest of the children to remain with the *587 mother pending investigation by the Massachusetts Compact Administrator and that state's approval or disapproval of the placement. ORDER VACATED; REMANDED. PLEUS and PALMER, JJ., concur. NOTES [1] Section 39.521(3)(b)1, Florida Statutes (2001), authorizes the court to terminate jurisdiction after entering an order awarding custody and reasonable visitation, if appropriate....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2004 WL 19508
...This court determined that the trial court had the authority to order the father to submit to a psychological evaluation as an element of the case plan after the child was adjudicated dependent as to the mother and removed from her custody, even though child was not adjudicated dependent as to the father. Lastly, section 39.521, Florida Statutes (2003), provides the procedure to be followed for placement of a dependent child: (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as foll...
...Order that the parent assume sole custodial responsibilities for the child. 2. Order that the parent assume custody subject to the jurisdiction of the circuit court hearing dependency matters. (Emphasis added). When read together, sections
39.01(14)(a) and
39.521, Florida Statutes (2003), provide a comprehensive framework supporting the Department's position for finding children dependent as to one parent only....
...Nevertheless, if there is a fit and able non-offending parent willing to take custody, "the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child." See § 39.521, Fla....
...should be given the opportunity to challenge the constitutionality of the statute, as it applies to him. Under the current statutory scheme, if an adjudication of dependency were entered, B.C., as a non-offending parent, would be entitled to custody of the children unless the placement was shown to endanger the children. See § 39.521, Fla....
...B.C.'s constitutional arguments are, at this point, premature. On remand, B.C. is free to question the constitutionality of the of the statute, as applied to him. 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....
...The petition need not contain allegations of acts or omissions by both parents. (Emphasis added). [3] Section 39.41 was renumbered as section 39.508 and amended chapter 98-403, section 69, Laws of Florida 1998, effective Oct. 1, 1998. Section 39.508 was renumbered as section 39.521 and amended by chapter 2000-139, section 23, effective July 1, 2000....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31431796
...filed a pro se motion seeking to regain custody of *361 F.E., asserting that she had substantially complied with the terms of the case plan approved by the trial court on January 11, 1995. Without ruling on the motion, the trial court ordered dependency mediation. See § 39.521(1)(b)2., Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2003 WL 22055879
...examinations in dependency matters upon a showing that the parent's mental condition is in controversy and good cause exists to require an examination. Accord S.N. v. State Dep't of Health & Rehabilitative Servs.,
529 So.2d 1156 (Fla. 1st DCA 1988). Section
39.521 of the Florida Statutes (2001) also provides such authority, stating in relevant part:
39.521....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1734531
...Indeed, the appendix filed in this court reflects a total absence of factual support for the court's order. When a child has been adjudicated dependent, the circuit court is authorized to order a nonoffending parent "to participate in treatment and services identified as necessary." § 39.521(1)(b)(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 1450735
...riginal date for completion of her case plan. It is apparent that the trial court was attempting to follow the dictates of chapter 39; however, the operation of its various provisions in a case where there is a non-offending parent is quite unclear. Section 39.521(3)(b), Florida Statutes (2006), provides: Section 39.521, Disposition hearings; powers of disposition. (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: ....
...er, shall have custody of the child. The standard for changing custody of the child from one parent to another or to a relative or another adult approved by the court shall be the best interest of the child. *971 (Emphasis added). Thus, according to section 39.521(3)(b), once the trial court decides to place the dependent child with a non-offending parent, it may do one of two things: it may order the non-offending parent to assume sole custodial responsibility and terminate its jurisdiction ove...
...See R.H.,
948 So.2d at 900 ("Alternatively, the court may consider a motion to amend the case plan so as to change the case plan goal from reunification of the children with the mother, to placement of one or both of the children with their respective fathers."). The relationship between sections
39.522(2) and
39.521(3)(b), Florida Statutes, was recently clarified by this court in R.H....
...tive. (emphasis added). [4] A favorable home study on the paternal grandparents' home had been completed in Puerto Rico. [5] This Court followed D.S. in D.G. where "the lower court changed custody of the minor child to the child's father pursuant to section
39.521(3)(b), Florida Statutes (2005)." D.G.,
903 So.2d at 1042....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...relate its entire procedural history. On July 6, 2000, J.C. was adjudicated dependent and placed in the legal custody of the Department. This adjudication granted the Department "the right to determine *493 where and with whom the child shall live." § 39.521(4), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 13780, 2009 WL 2970412
...t order by appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(4). Without wading into the debate about what is or is not a final order in a dependency case, it seems clear that the order of disposition in this case, rendered pursuant to section 39.521, Florida Statutes, is a final order, notwithstanding the court's continuing jurisdiction to act on behalf of the child....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 19287, 2008 WL 4952580
...The father produced no evidence that could support a finding that it would be in J.A.'s best interest to be removed from her current home and placed with her grandmother. The standard for ordering a change in the placement of a dependent child is the child's best interest. See §
39.522(1), Fla. Stat. (2008). In addition, section
39.521(1)(d)8.b., Florida Statutes, expressly provides that when "no suitable relative is found and the child is placed with the department or a legal custodian" in the first instance, "neither the department nor the court is obligated to" la...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 783291
...Wendie Michelle Cooper, Orlando, for Appellee, Guardian ad Litem Program. No appearance for Appellee, Department of Children and Families. FULMER, Judge. Appellant D.M., the maternal grandmother of the minor child K.M., appeals from an order placing K.M. with her father, Appellee T.W. ("the Father"), pursuant to section 39.521(3)(b), Florida Statutes (2006)....
...Shortly thereafter, however, contact was made with the Father, who requested custody of K.M. Custody was denied. The Father appealed, and this court reversed, ordering the trial court to reconsider the matter in accordance with the requirements of section 39.521(3)(b)....
...ers under article II, section 3 of the Florida Constitution because a rule of procedure cannot enact substantive law"). We are therefore compelled to dismiss the grandmother's appeal. Dismissed. NORTHCUTT, C.J., and ALTENBERND, J., Concur. NOTES [1] Section 39.521(3) reads as follows, in pertinent part: (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: (a) ....
...[2] Additional background details may be found in this opinion. [3] Based on our review of the record, it would appear that the grandmother was K.M.'s "legal custodian" in the sense that she was granted "temporary legal custody" of K.M. pursuant to the dependency disposition option listed in section 39.521(3)(c), which reads, in pertinent part: If no fit parent is willing or available to assume care and custody of the child, [the court may] place the child in the temporary legal custody of an adult relative or other adult approved by the...
...We note that, although both "legal custody" and "temporary legal custody" are defined in the statute, see §
39.01(34), (73), there appears to be no provision in chapter 39 that delineates the circumstances under which "legal custody" is actually granted. Only "temporary legal custody" is granted. See, e.g., §
39.521(3)(c), (d)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...g them to become ineligible for the RC benefit program, represents, in our judgment, a fundamental misunderstanding of the placement process under chapter 39, which contemplates the eventual termination of jurisdiction at the court's discretion. See § 39.521(1)(b)(3), Fla....
...98-78, § 1, at 554-55, Laws of Fla., enacting section
39.5085, Florida Statutes. [4] For example, section
39.5085(2)(a)(2) provides that placement with a relative may be either court-ordered temporary legal custody to the relative under protective supervision of the department pursuant to s.
39.521(1)(b)3., or court-ordered placement in the home of a relative as a permanency option pursuant to s....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 1412091
...June 17, 2005. Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. Charles D. Peters, Orlando, for Appellee. PER CURIAM. In this dependency case, the lower court changed custody of the minor child to the child's father pursuant to section 39.521(3)(b), Florida Statutes (2005)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1606545
...We follow that holding in this case. We recognize that grandparents have been given certain statutory rights in dependency proceedings. See §
39.509, Fla. Stat. (2007). Likewise, a grandparent can be a proper placement for a child who is the subject of a dependency proceeding. See §
39.521....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 1795, 2002 WL 237669
...red under the plan as they will not result in her reunification with the child. Because the child was placed with her father, the statute makes clear that the court is not required to provide a case plan with a goal of reunification with the mother. Section 39.521(3)(b)2, Florida Statutes (2000), states: (3) When any child is adjudicated by the court to be dependent, the court shall determine the appropriate placement for the child as follows: ....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3821847
...for Writ of Certiorari filed by the Guardian ad Litem (GAL). [2] Second, on the substantive issue raised by the Father in his appellate brief, we reverse for the trial court to reconsider its placement decision in accordance with the requirements of section 39.521(3)(b), Florida Statutes (2005), which governs placement determinations when there is a nonoffending parent who desires to assume custody of the child....
...The order also provides that the grandmother is "encouraged to initiate" unsupervised visits between the Father and K.M. commencing with several hours, extending to overnights and weekends, and leading to vacationing of K.M. with the Father. Citing section 39.521(3)(b), the Father argues on appeal that the trial court abused its discretion by denying his request for placement of his child, notwithstanding a favorable home study, because no evidence was presented that "such placement would endanger the safety, well-being, or physical, mental, or emotional health" of his child. [5] We agree that the trial court abused its discretion by failing to comply with the requirements of section 39.521(3)(b)....
...Parental rights constitute a "fundamental liberty interest," Padgett v. Dep't of Health & Rehab. Servs.,
577 So.2d 565, 571 (Fla.1991), protected by the Due Process Clause of the Fourteenth Amendment, Troxel v. Granville,
530 U.S. 57, 66,
120 S.Ct. 2054,
147 L.Ed.2d 49 (2000) (plurality opinion). Section
39.521(3)(b) effectuates these rights by requiring that: (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: ....
...In any event, the trial court was presented with a completed home study on the Father and was, therefore, required to place the child with the Father unless it made findings that "such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child." See 39.521(3)(b)....
...Because the court failed to consider whether placement with the Father would endanger his child and, therefore, failed to set forth the findings required to justify denying the Father's request for custody, we reverse and remand for reconsideration in accordance with the requirements of section 39.521(3)(b)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 14623
...and was violent towards her paramour. The trial court found the children to be dependent. The children’s attorney indicated to the court that, at disposition, she would seek to have the children placed with the father in Massachusetts pursuant to section 39.521(3)(b)l., Florida Statutes (2015)....
...best interest for them to remain in the father’s custody pending the completion of the ICPC process. REVERSED and REMANDED. SAWAYA and ORFINGER, JJ., concur. . See §
409.401, Fla. Stat. (2015). . The statute reads, in relevant, part, as follows:
39.521 Disposition hearings; powers of disposition [[Image here]] (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: [[Image here]] (b) If there is a parent with...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 13982, 2003 WL 22136255
...The standard for changing custody of the child shall be the best interest of the child. If the child is not placed in foster care, then the new placement for the child must meet the home study criteria and court approval pursuant to this chapter. (emphasis added). Section 39.521(2)(r) provides the home study criteria required by the chapter: (r) If the child has been removed from the home and will be remaining with a relative or other adult approved by the court, a home study report concerning the proposed placement shall be included in the predisposition report....
...elter or foster home. See §
39.522; Dep't of Children & Families v. R.G.,
821 So.2d 477 (Fla. 4th DCA 2002)(finding that trial court erred in changing legal and physical custody of the child without a home study). Based on the following language in section
39.521(2)(r), T.L....
...The statute does not give the trial court the authority to place the child in a home without conducting any home study at all. Indeed, in virtually all instances, a home study would be necessary to enable the trial judge to make a well-informed best interest determination under section 39.521(2)(r)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 3516, 2009 WL 482280
...dress this issue based on the plain language of section
39.507(7)(b). The evidentiary hearing held by the trial court did serve the purpose of enabling the trial court to determine if it was appropriate to require the father to complete a case plan. Section
39.521(1)(b)(1) specifically provides that when a child is adjudicated dependent, the court has the power to require a parent (or legal custodian) to participate in treatment and services identified as necessary....
...(2008). [4] Should the father seek to have the children placed with him, the trial court would have to determine, inter alia, whether the placement would "endanger the safety, well-being, or physical, mental, or emotional health of the child." See §§
39.521(3)(b),
39.522, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...in this case an easy prospect. That is not the case, however, as the adjudication of dependency will loom over these parents' lives for the remainder of the child's minority, or until the court elects to terminate protective supervision. Fla. Stat. § 39.521(1)(b)(3) (2001)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 18793, 2007 WL 4208556
...granted B.M.'s maternal grandmother long-term relative custody, and allowed Appellant to continue with his unsupervised visitation. We write to address Appellant's argument that the court abused its discretion by denying placement with him. Analysis Section 39.521(3)(b), Florida Statutes (2005), provides in pertinent part: If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court who desires to...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31525285
...y is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling is supported by competent substantial evidence in the record"). The court properly placed the younger children with the father. Section 39.521(3)(b), Florida Statutes, requires placement with a non-offending parent in the absence of a showing that the child would be endangered thereby: If there is a parent with whom the child was not residing at the time the events or conditi...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21105428
...("father") appeals the trial court's order denying his motion for reunification with his children, R.F. and C.F. We affirm. On appeal, the father contends that the trial court should have ordered reunification because he had substantially complied with the case plan, and the home study was positive. Although section
39.521(3)(b), Florida Statutes, requires the trial court to place the children with the parent upon completion of a home study, this section and sections
39.522(2) and
39.701(8)(b), Florida Statutes, provide that the return to the parent is a...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 2729, 2007 WL 601161
...As to the additional requirements announced by the trial court at the fitness hearing, we hold that the court erred by entering those obligations. The trial court does have the authority to require a non-offending parent to participate in treatment and services. See § 39.521(1)(b), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1840
...Under the dependency statutes the court has many options for placement of a dependent child. It can require placement under the protective supervision of the Department in the home of one or both of the parents, with a relative, with another *1102 adult approved by the court, or in the custody of the Department. See § 39.521(1)(b)3, Fla. Stat. (2002). In this case, the court chose to place the child with "a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court." § 39.521(3)(b)....
...every review hearing which parent, if either, shall have custody of the child. The standard for changing custody of the child from one parent to another or to a relative or another adult approved by the court shall be the best interest of the child. § 39.521(b)(1)-(2)....
...The statute further provides for protective supervision by the Department to continue until the court terminates it, and such supervision "shall be terminated by the court whenever the court determines that permanency has been achieved for the child." § 39.521(3)....
...Under the dependency statutes, a stepfather is neither a "parent" nor a "relative." See §
39.01(49), (60), Fla. Stat. (2002). Therefore, the foregoing statutory options were unavailable to determine custody for N.R. Instead, N.R.'s placement with the father was an "out of home" placement. Section
39.521(3)(c) allows the court to do the following: If no fit parent is willing or available to assume care and custody of the child, place the child in the temporary legal custody of an adult relative or other adult approved by the court who...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 3330326
...Obviously, this will not qualify for the medical diagnosis exception to the hearsay rule. See State v. Frazier,
753 So.2d 644, 646 (Fla. 5th DCA 2000); State v. Ochoa,
576 So.2d 854 (Fla. 3d DCA 1991). DCF urges on appeal that the hearsay was admissible. Section
39.521, Florida Statutes, dealing with disposition in dependency cases identifies many different kinds of evidence available, including the catch-all: "any other relevant and material evidence, including other written or oral reports, may be...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 3015096
...ent hearing as a disposition hearing. DCF acknowledges that while the mother had filed a written consent to the petition for dependency, she was still entitled to notice and an opportunity to be heard as to the dispositional aspect of the cause. See § 39.521(1), Fla....
...3d DCA 1998) (reversing dependency disposition order due to lack of notice of hearing). DCF additionally observes that the trial court failed to follow Chapter 39, Florida Statutes, when it granted permanent custody of the child to the father without (1) preparation of a predisposition report or written case plan, section 39.521(1)(a), Florida Statutes, and (2) a home study by the department, section 39.521(2)(r), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 19758, 2010 WL 5184730
...en as to the father; and (3) once one of these goals was reached, here, permanency with the father, DCF was under no obligation to continue with the other goal. DCF claims at that point, the trial court could terminate supervision in accordance with section 39.521(3)(d), Florida Statutes (2009) (“Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed.”)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1776697
...In *80 fact, no evidence at all was presented at the disposition hearing. To comport with due process when a child’s permanent placement is at issue, a court must hold an evidentiary hearing. See P.P. v. Dep’t of Children & Family Servs.,
86 So.3d 556, 559 (Fla. 2d DCA 2012). We recognize that section
39.521(3)(b)(l), Florida Statutes (2011), gives a court the option to place a dependent child with a nonoffending parent and to terminate jurisdiction over the child....
...e plan only after an evidentiary hearing. See Fla. R. Juv. P. 8.420(a)(3) (providing that the court may amend the goal of a case plan “if there is a preponderance of evidence demonstrating the need for the amendment”). The alternative option, in section 39.521(3) (b) (2), allows the court to order that reunification services be provided to the noncustodial parent and to change custody if need be, based on the best interest of the child....
...But we reverse the order to the extent that it terminates jurisdiction and supervision. On remand, the court may allow A.S. to work toward reunification under her present case plan, but it must continue jurisdiction over the case and supervision of the child. See § 39.521(3)(b)(2)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 832794
...late hours. For these reasons, the trial court denied Appellant's motion for custody, concluding placing the child with Appellant would compromise the child's safety and mental, physical, and emotional well-being. In so doing, the trial court erred. Section 39.521(3)(b), Florida Statutes (2002), provides that, following an adjudication of dependency, (b) If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdic...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 5424, 2003 WL 1877590
...in the father's custody and the order terminating the Department's jurisdiction over W.A.W. Termination and disposition were premature because the court placed the child with the father without requiring the Department to complete and file a home study on the father as dictated by section 39.521(3)(b)(1), Florida Statutes (2001)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 12919, 2010 WL 3446912
...Additionally, we are concerned that the father's interest in reunification was given short shrift. Upon remand, we direct that the trial court also consider the father's pending request, if he still seeks reunification, through ICPC proceedings with the State of Ohio. In accord with the requirements of section 39.521(7), Florida Statutes (2009), when the trial court reunites the children with either parent, it shall not terminate its jurisdiction or DCF's supervision over them until six months after their return....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 6937
...an order granting permanent placement of the child with the maternal grandparents. On appeal, the Mother argues, among other things, that the trial court erred by applying the best interest standard to determine placement. The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically requires that the child be placed with the nonoffending parent “unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health o...
...Because the child here has never been adjudicated dependent as to the Mother, we agree and reverse and remand for the trial court to hold a hearing to determine whether placement with the Mother would endanger the health, safety, or well-being of the child. See § 39.521(3)(b)....
...rmanent placement of the child in light of the dependency determination as to the child’s father or whether the court’s previous dismissal of the last petition for dependency, filed only as to the Mother, would preclude such a determination. See § 39.521(1) (“A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing....”)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...Jurisdiction and Order the Mother to Complete a Case Plan
When a court decides to place a dependent child with the non-offending
parent, Chapter 39 provides a court with two options which are exclusive
to one another. Those options are provided in section 39.521(3)(b), Florida
Statutes (2018), which states, in pertinent part:
4
If there is a parent with whom the child was not residing at
the time the events or conditions arose that brought t...
...h parent, if either, shall
have custody of the child. The standard for changing custody
of the child from one parent to another or to a relative or
another adult approved by the court shall be the best interest
of the child.
§ 39.521(3)(b), Fla....
...by placing the child with the father and
terminating jurisdiction, and requiring the mother to complete a case plan.
According to the statute, the circuit court was required to proceed under
either subsection (3)(b)1. or subsection (3)(b)2.
We recognize that section 39.521(3)(b)’s use of the phrase “may do
either,” taken by itself, may be interpreted to mean “may do either but not
both” or “may do either or both.”
However, we conclude that 39.521(3)(b)’s use of the phrase “may do
either,” when taken in context of the two options which follow, logically
can be interpreted only as “may do either but not both.” That is because
5
the two options, on their face, are exclusive to one another....
...subject to the circuit court’s continuing jurisdiction, during which the
circuit court may order that services be provided to either parent or both,
with the circuit court later determining which parent shall have custody
of the child.
Our conclusion that section
39.521(3)(b)’s use of the phrase “may do
either” logically can be interpreted only as “may do either but not both” is
consistent with the Fifth District’s conclusion on this issue. In K.E. v.
Department of Children and Families,
958 So. 2d 968 (Fla. 5th DCA 2007),
our sister court summarized section
39.521(3)(b) as follows:
[O]nce the trial court decides to place the dependent child with
a non-offending parent, it may do one of two things: it may
order the non-offending parent to assume sole custodial
responsibil...
...the court may place the child with the non-offending parent,
provide services to one or both parents, and retain jurisdiction
to determine the better placement for the child as the
dependency progresses.
Id. at 971 (emphasis added).
Our conclusion that 39.521(3)(b)’s use of the phrase “may do either”
logically can be interpreted only as “may do either but not both,” also is
consistent with common sense....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3620, 2010 WL 979589
...Frederick, Orlando, for Appellant. Ryan Thomas Truskoski, of Ryan Thomas Truskoski, P.A., Orlando, for Appellee. LAWSON, J. M.M., the mother of B.D. and S.D., appeals a final order awarding permanent custody of her two middle children to their *1201 non-offending father under section 39.521(3), Florida Statutes, and terminating jurisdiction over her dependency case....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 9599
...However,
in this case, the order of disposition (as it refers to the Father) was based
solely on the adjudication. As the adjudication is being reversed, the
disposition also must also be vacated.
We recognize that a trial court may order a non-offending parent to
participate in treatment and services under a case plan. § 39.521(1)(b),
Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 7256
...We follow that holding in this case. We recognize that grandparents have been given certain statutory rights in dependency proceedings. See §
39.509, Fla. Stat. (2007). Likewise, a grandparent can be a proper placement for a child who is the subject of a dependency proceeding. See §
39.521....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1486038
...The cause is remanded for a noticed hearing on the issue of the amount of temporary child support. AFFIRMED IN PART; REVERSED IN PART; REMANDED. MONACO and TORPY, JJ., concur. NOTES [1] It is unclear why a second case number was assigned to these two orders. [2] Section 39.521(1)(d)(7), Florida Statutes, governing disposition hearings provides that if a child is placed in an out-of-home placement following a finding of dependency, child support may be assessed against the parents in the disposition order....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 10384, 2014 WL 2949445
...ing the court’s jurisdiction over the case. • The Department of Children and Families properly concedes that the trial court committed reversible error in failing to hold a disposition hearing as required by section 89.521, Florida Statutes. See § 39.521(1), Fla....
...tion, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having. been conducted.”). Accordingly, we reverse and remand for a properly noticed disposition hearing as required by section 39.521....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...This is because the required findings serve important purposes aside from appellate review. The findings are useful to help parents, counselors, and [Department] representatives understand what the court found to be the reasons for dependency and to plan for remedial action. Furthermore, section 39.408(3) [now section 39.521(1) ] requires the court to review the order of adjudication to determine whether “the facts alleged in the petition for dependency were proven in the adjudicatory hearing....” It is also useful to the court to remind itself why it...
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 19245, 2003 WL 22970867
...bstantial risk of imminent abuse if left in the unsupervised care of P.M. However, even if the child has not been found dependant as to P.M., a "non-offending" parent is not automatically entitled to the immediate unconditional custody of the child. Section 39.521(3)(b) requires the court to place a child adjudicated to be dependent as to one parent with the child's remaining non-residential parent if that parent so requests "upon completion of a home study unless the court finds that placement would endanger the child." [1] M.M....
...We disagreed, noting that section
39.407(14) specifically authorizes trial courts to order mental health examinations in dependency matters upon a showing that the parent's mental condition is in controversy and good cause exists to require an examination. [2] We also relied on section
39.521(1)(b)1....
...1st DCA 1986) (circuit court has inherent and continuing jurisdiction to entertain matters pertaining to child custody and enter any order appropriate to a child's welfare). *17 Accordingly, we affirm the portion of the order placing the child in the custody of the Department based on section 39.521(3)(b) as apparently no home study as to P.M....
...n its entirety. If the child was not found dependent as to P.M., the requirements that P.M. undergo a psychosexual evaluation and attend parenting classes and domestic violence counseling are nevertheless affirmed pursuant to sections
39.407(14) and
39.521(1)(b)1....
...y as to P.M. must be stricken. In that event, the Department is urged to consider refiling a dependency petition as to P.M. AFFIRMED in part; REMANDED for further proceedings consistent with this opinion. PETERSON and GRIFFIN, JJ., concur. NOTES [1] § 39.521....
...on, including the blood group, of a parent, caregiver, legal custodian, or other person requesting custody of a child is in controversy, the court may order the person to submit to a physical or mental examination by a qualified professional.... [3] § 39.521....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 21946441
...Additionally, the trial court has many options for placing a dependent child, and placement can include the protective supervision of the department in the home of one or both of the parents or with a relative. L.F. v. Department of Children and Family Services,
837 So.2d 1098, 1101-1102 (Fla. 4th DCA 2003); §
39.521(1)(b)3, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 WL 1634286
...5D09-2867. District Court of Appeal of Florida, Fifth District. April 21, 2010. Carol Ann Volini, Ocala, for Appellant. Kelly A. Swartz, Rockledge, for Appellee. Hillary S. Kambour, Tavares, for Appellee Guardian Ad Litem Program. *750 PER CURIAM. AFFIRMED. § 39.521, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4361238
...We treat the appeal as a petition for certiorari and grant relief because the trial court departed from the essential requirements of law by applying the best interest of the child standard under section
39.522(1), Florida Statutes (2007), instead of the standard set forth in section
39.521(3)(b) with regard to a non-offending parent who requests custody....
...few months. The Department then sought a change of custody to the father with protective services supervision. The mother opposed the motion. *300 After a hearing, the trial court entered an order rejecting the standard urged by the Department under section
39.521(3)(b), and instead employed the best interest standard under section
39.522(1). Finding that some concerns expressed in the second home study were quite substantial and very troubling, the court concluded that a change in custody would not be in the child's best interest. Section
39.521(3)(b) requires the court to place a child who is adjudicated to be dependent, as to one parent, with the non-residential parent upon request unless the court "finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child." M.M....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 13215, 2002 WL 31039382
PALMER, J. S.F. (mother) appeals the final order entered by the trial court placing her daughter in the custody of the child’s father pursuant,to section 39.521(3)(b), Florida Statutes (2000)....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 15135, 2010 WL 3418911
...tatutes together, it is clear that "foster care" and "licensed foster care" are synonymous, because any person or family providing foster care must be licensed. A similar distinction between licensed foster care and non-relative placement is made in section 39.521, Florida Statutes (2009), which deals with the court's powers of disposition.
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 14642, 2004 WL 2245793
PER CURIAM. G.S.H., the father, files this appeal from the trial court’s denial of his motion to modify placement of his child, M.H., pursuant to section 39.521(3)(b), Florida Statutes (2003)....
...frequently. These visits would be limited if M.H. lived with her father in Citrus County, Florida. The trial court concluded, “[i]t is not in the best interest of the *468 child to separate her from her sibling in order to be placed with her father.” Section 39.521(3)(b), Florida Statutes (2003), entitled “Disposition hearings; powers of disposition,” provides: 3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as fol...
...and did not make the indispensable finding concerning endangerment. In L.P. v. Department of Children & Families,
871 So.2d 306 (Fla. 1st DCA 2004), the father of a seventeen-month-old developmentally disabled son sought custody of his son under section
39.521(3)(b), Florida Statutes (2002)....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 14914, 2003 WL 22259828
...hild’s adoptive placement is limited to a determination of whether the selection has been made in a manner consistent with the Department’s own internal policies, and not in an arbitrary or capricious manner.” Id. at 495 . DCF also relies upon section 39.521(4), Florida Statutes (2002), which gives it the authority “to determine where and with whom the child shall live.” It argues that the court, by balancing the risk of harm of removing the children from their current placement, again...
CopyPublished | Florida 5th District Court of Appeal
WALLIS, J. Appellant (“Mother”)’appeals the trial court’s order awarding permanent custody of her child to the non-offending parent (“Father”), denying reunification with her, and relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes (2015), resulting in an order permanently placing the child with Father....
CopyPublished | Florida 5th District Court of Appeal
...Appellee.
WALLIS, J.
Appellant ("Mother") appeals the trial court's order awarding permanent custody of
her child to the non-offending parent ("Father"), denying reunification with her, and
relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes
(2015), resulting in an order permanently placing the child with Father....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 15608, 2009 WL 3316944
...In its amended order, the trial court reaffirmed its adjudication of dependency, acceptance of case plan, and denial of the mother’s motion for reunification. In denying the mother’s motion for rehearing, the trial court explained that the award of sole custody to the father was made pursuant to section 39.521(3)(b)l., Florida Statutes (2008)....
...Lastly, the trial court granted DCF’s motion to terminate jurisdiction. This appeal ensued. The trial court determined that placement of the minor child with the father would be in the child’s best interest and would not endanger the child’s safety or well-being. Accordingly, pursuant to section 39.521(3)(b)l., the trial court was authorized to award the father sole custodial responsibilities for the child and terminate jurisdiction....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 17776, 2011 WL 5375047
...nd (simultaneously) for judicial review and permanency. The general master found, and the trial court approved those findings, that: KB.’s father was a non-offending parent with a “presumptive right to custody” pending any reunification; under section
39.521(3)(b)2, Florida Statutes (2010), changing custody back to the mother as a permanency disposition should be based on the “best interest of the child” standard and the six factors enumerated in section
39.621(10)(a) through (f); alth...
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 16142, 2002 WL 31487160
...The adjudication of dependency is affirmed, but this case is remanded for entry of written findings consistent with the trial court’s oral pronouncement. On remand, the trial court is reminded that a disposition order for an out-of-home placement must contain a written determination in accordance with section 39.521(l)(f), Florida Statutes (2001)....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 18444, 2007 WL 4105523
ROBERTS, J. E.B., the father, appeals from the trial court’s denial of his motion to modify placement of his children, A.B. and J.B., pursuant to section 39.521(3)(b), Florida Statutes (2006)....
...her due to home study concerns arising out of the domestic violence incident between the father and the mother. Based upon those findings, the trial court ordered *507 the children remain adjudicated dependent and in foster care until further order. Section 39.521(3)(b), Florida Statutes (2006), provides that, following an adjudication of dependency, [i]f there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdicti...
CopyPublished | Florida 5th District Court of Appeal
...The Department of Children and Families ("DCF") appeals an order terminating its supervision and the court's jurisdiction over J.M.F. ("Child"), J.F. ("Father"), and H.K. ("Mother"). We reverse because in entering the order, the trial court ignored the provisions of section 39.521(7), Florida Statutes (2018), which require DCF to maintain supervision and the court to retain jurisdiction over the parties until six months after reunification....
CopyPublished | Florida 2nd District Court of Appeal
...ailed to
enter a written order adjudicating the children dependent and it had failed to conduct a
disposition hearing. The Department concedes that, under the facts in this case, the
trial court was required to conduct a disposition hearing under section 39.521, Florida
Statutes (2015), before closing the case and terminating jurisdiction....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 7992, 2003 WL 21239103
...rding dependency announced in open court. We remand, however, for entry of a written order in conformity to the court’s oral pronouncements. In addition, the trial court on remand shall make written findings with respect to M.P. in accordance with section 39.521(l)(f), Florida Statutes (2001)....
CopyPublished | Florida 2nd District Court of Appeal | 2009 WL 1491719
...an order granting permanent placement of the child with the maternal grandparents. On appeal, the Mother argues, among other things, that the trial court erred by applying the best interest standard to determine placement. The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically requires that the child be placed with the nonoffending parent "unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of...
...Because the child here has never been adjudicated dependent as to the Mother, we agree and reverse and remand for the trial court to hold a hearing to determine whether placement with the Mother would endanger the health, safety, or well-being of the child. See § 39.521(3)(b)....
...e permanent placement of the child in light of the dependency determination as to the child's father or whether the court's previous dismissal of the last petition for dependency, filed only as to the Mother, would preclude such a determination. See § 39.521(1) ("A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing....")....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
...is adopted to govern civil contempt proceedings in dependency and termination of parental rights matters. Subdivision (c) of rule 8.340 (Disposition Hearings) is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes (2012)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 2217492, 2013 Fla. App. LEXIS 8139
...] and, depending on his response, should have appointed counsel or obtained a knowing and intelligent waiver before proceeding.”). Thereafter, the trial court shall hold the disposition hearing, and make the findings required for disposition under section 39.521, Florida Statutes (2012)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1698760
authority to require her to take certain actions. See §
39.521(l)(b)(l), Fla. Stat. (2010). If, in her capacity
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 6963, 2008 WL 2066612
...1 In doing so, the trial court apparently chose to reject the unfavorable March home study and rely on the prior home study, yet failed to place in its order the statutorily required finding that the trial court determine such placement to be in the child’s best interest. See § 39.521(2)(r), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 7077, 2006 WL 1234983
...As such, supervision has been terminated and the dependency court no longer has jurisdiction over this issue. Indeed, it is questionable whether the dependency court was authorized to adjudicate the issue of child support between these two parents. See § 39.521, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 611606
...ing new dependency actions. We agree. We start by noting that section
39.507, Florida Statutes, does not give the court "full authority" over a child that is not adjudicated dependent. See §
39.507(5) & (6), Fla. Stat. (2006). In addition, although section
39.521(b)3 provides that the court's "termination of supervision may be with or without retaining jurisdiction," this provision, by the statute's express terms, only applies to children "adjudicated by a court to be dependent." See §
39.521(b), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 1057637, 2012 Fla. App. LEXIS 5000
...ed under s.
397.334. In addition to supervision by the department, the court, including the treatment-based drug court program, may oversee the progress and compliance with treatment by a person who has custody or is requesting custody of the child. §
39.521(l)(b)l., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 4339
FULMER, Judge. Appellant D.M., the maternal grandmother of the minor child K.M., appeals from an order placing K.M. with her father, Appellee T.W. (“the Father”), pursuant to section 39.521(3)(b), Florida Statutes (2006)....
...Shortly thereafter, however, contact was made with the Father, who requested custody of K.M. Custody was denied. The Father appealed, and this court reversed, ordering the trial court to reconsider the matter in accordance with the requirements of section 39.521(3)(b)....
...powers under article II, section 3 of the Florida Constitution because a rule of procedure cannot enact substantive law”). We are therefore compelled to dismiss the grandmother’s appeal. Dismissed. NORTHCUTT, C.J., and ALTENBERND, J., Concur. . Section 39.521(3) reads as follows, in pertinent part: (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: (a) ......
...We note that, although both "legal custody” and “temporary legal custody” are defined in the statute, see §
39.01(34), (73), there appears to be no provision in chapter 39 that delineates the circumstances under which "legal custody” is actually granted. Only "temporary legal custody” is granted. See, e.g., §
39.521(3)(c), (d)....
CopyPublished | Supreme Court of Florida
...2018), which amended rules 2.514(b) and 2.516(b)(1)(D)(iii)
to exclude email service from being treated as service by mail for
computation of time and having an additional 5 days’ time for
service.
-2-
Next, rule 8.250 is amended to provide greater clarity and
compliance with section 39.521, Florida Statutes (2022).
Subdivision (b) is divided into two subdivisions, (b)(1) and (b)(2), to
distinguish between pre- and post-dependency adjudication
evaluations....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 3534
...them to become ineligible for the RC benefit program, represents, in our judgment, a fundamental misunderstanding of the placement process under chapter 39, which contemplates the eventual termination of jurisdiction at the court’s discretion. See § 39.521(l)(b)(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...8.305(5) (hearing to determine
probable cause at a shelter hearing); Fla. R. Juv. P. 8.415(5) (hearing to
conduct a judicial review of progress and compliance with case plan, which
does not involve, but may trigger a hearing to amend the case plan); §
39.521, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 4217, 2012 WL 874569
...The trial court denied a request to have the urine sample "sent out for confirmation" and did *1173 not afford the mother an opportunity to withdraw her plea. Without further testimony or argument, the court rendered the order that is the subject of this appeal. The mother acknowledges that pursuant to section 39.521(3)(b), Florida Statutes (2011), a trial court has the authority to enter a disposition order closing the dependency case after awarding sole parental responsibility of the dependent child to a non-offending parent where such placement...
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 3400, 2015 WL 1044221
...Pamela’s and Geralyn Graham’s home. On April 21, 2000, Pamela received a
custody order for Rilya that awarded Pamela non-relative, temporary custody of
Rilya. In effect, Pamela and DCF became co-custodians of Rilya and Rodricka.
See §§
39.01(59),
39.521(1)(b)3., Fla....
...Graham would care for Rilya and Rodricka during the day while Pamela worked.
3 DCF undertook these various actions under the authority granted to DCF in
chapter 39 of the Florida Statutes (2000). DCF’s particular responsibilities toward
Rilya and Rodricka derive from section 39.521 of the Florida Statutes (2000)....
...leaders, officials, and voters. Florida’s kidnapping statute, first adopted in 1974, is
patterned after this Model Penal Code provision, but does not include or
incorporate the examples mentioned in the comment.
12
39.521(1)(b)3., Fla....
...overnmental function of protecting
5DCF’s former director of operations in South Florida testified at trial that DCF
maintains custody of a dependent child along with the temporary custodian.
6 See §§
20.19(1)(a),
39.001(1)(b)(1),
39.4085, and
39.521(1)(b)3., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 8019, 2004 WL 1252690
...f personal jurisdiction over E.K. had attached when he was served in Pennsylvania with the summons for the arraignment, then E.K. would be exposed to potential liability for *723 child support after the child was adjudicated dependent. For instance, section 39.521(d)(7) provides that, for a child like S.M....
CopyPublished | Florida 2nd District Court of Appeal
...issues, and the
Guardian ad Litem Program (GALP) concedes error as to the first issue. We accept the
Department's and the GALP's concessions of error to the extent they acknowledge that
the circuit court failed to comply with the requirements of section 39.521(7), Florida
Statutes (2017)....
CopyPublished | Florida 3rd District Court of Appeal
...The instant case is distinguishable in two
critical ways: (i) in Cerase, we exercised appellate review rather than certiorari
review; and, more fundamentally, (ii) the record in Cerase plainly evidenced that
4The trial court reviewed whether the general magistrate’s interpretation of section
39.521(3)(b) of the Florida Statutes was correct....
CopyPublished | Florida 3rd District Court of Appeal
...successfully complete
mental health and substance misuse services . . . .”
4
On November 15, 2023, the trial court held a disposition hearing
pursuant to Florida Rule of Juvenile Procedure 8.340 and section 39.521,
Florida Statutes....
...specifically the condition that she complete substance misuse services. She
argues her consent plea to the petition for dependency did not relate to
substance misuse and the Department failed to properly document said
condition for return as required by section 39.521(2)....
...As a result, the Mother
8
contends the trial court’s acceptance of said condition for return, over her
objection, “placed an unwarranted barrier to the Mother’s path to
reunification with her Minor Children.”
Section 39.521(1) requires a trial court to conduct a disposition hearing
after a parent has consented to a finding of dependency, as occurred here.
A “disposition hearing” is defined as “a hearing in which the court determines
the most appr...
...In its written disposition order,
the trial court is required to address the placement of the child and visitation,
as well as the requirements necessary to protect the health, safety, and well-
being of the child and to promote family preservation or reunification
whenever possible. § 39.521(1)(e), Fla. Stat.
As part of the disposition hearing, the trial court is also required to
review and approve the Department’s Family Functioning Assessment.1 §
39.521(1)(a), Fla....
... court with the following documented information: . . . (h) Identification of the
conditions for return[2] which would allow the child to be placed safely back
into the home with an in-home safety plan and any safety management
services necessary to ensure the child's safety.” § 39.521(2), Fla....
...When
making this determination, the trial court may consider “[a]ny [ ] relevant and
material evidence, including other written or oral reports,” and may rely on
evidence “to the extent of its probative value, even though not competent in
an adjudicatory hearing.” § 39.521(2), Fla....
...the reports from the Child
Protective Investigator contained in the ongoing Family Functioning
Assessment stating law enforcement advised that the Mother “appeared to
be drugged when she was found” and arrested on child neglect charges. See
§ 39.521(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2811785
...Dep't of Children & Families,
978 So.2d 211, 212 n. 3 (Fla. 2d DCA 2008): Based on our review of the record, it would appear that the grandmother was K.M.'s "legal custodian" in the sense that she was granted "temporary legal custody" of K.M. pursuant to the dependency disposition option listed in section
39.521(3)(c), which reads, in pertinent part: If no fit parent is willing or available to assume care and custody of the child, [the court may] place the child in the temporary legal custody of an adult relative or other adult approved by the...
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10729, 2015 WL 4268719
...Department of Children and Families, as the statute indicates, is an automatic
party to all Dependency proceedings.” On appeal to this court, appellate counsel
for DCF identified the statute: “The Department’s position was based on the
legislative requirement, pursuant to §39.521(b)1(sic), Fla....
...That, of course, is not true. It is not the
action of B.Y.G.M. that defines the court’s and DCF’s obligations and continuing
responsibility for the well-being of a child declared dependent on the court under
Chapter 39 of the Florida Statutes. It is Florida law. Section 39.521(1)(b)(3) of
the Florida Statutes requires placement of all children adjudicated dependent by a
court “under the protective supervision of an authorized agent of the department ....
...n legal immigration status. It
may consider these cases to be too sensitive for its taste.5 However, as the agency
of the Florida Statutes details the requirements of that supervision, beginning with
judicial reviews at least every six months. See §39.521(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10731
...family member who can provide him with food and shelter.
The department takes no position in this appeal. Neither did the department
oppose the petition below. The department’s position below was based on the
legislative requirement, pursuant to section 39.521(b)1, Florida Statutes (2014), to
provide protective supervision over the minor’s placement upon an adjudication of
dependency....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 51, 2002 Fla. LEXIS 3, 2002 WL 5491
...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 Statutes (2001), judicial review of child’s status; rule 8.215(c)(1), report of guardian ad litem; and rule 8.415(d), judicial review of dependency cases....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 314241
...f placement (the "Modification Order") denying her motion for reunification with her younger daughter, T.W. (the "Younger Daughter"), a minor, and the custody release order granting temporary custody of the Younger Daughter to D.W., a paternal aunt. Section 39.521 of the Florida Statutes, provides in pertinent part: 3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: ....
...physical, mental, or emotional health of the child. Any party with knowledge of the facts may present to the court evidence regarding whether the placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. § 39.521, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2968, 2016 WL 869317
...ble for every child in foster care and that no child remains in foster care longer than 1 year.” §
39.001(l)(h), Fla. Stat. (2015). “An agency granted legal custody shall have the right to determine where and-with whom the child shall live.”' §
39.521(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 561489, 2013 Fla. App. LEXIS 2381
...l court granted the Mother legal custody of the children. We therefore reverse this portion of the order and direct the trial court to strike the language indicating that DCF has the *517 right to have temporary physical custody of the children. See § 39.521(4), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19741, 2003 WL 23095276
..., e.g., §
61.13(l)(a), Fla. Stat. (2003) (“In a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s.
61.30.”); §
39.521(l)(d)7, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19470
...paramount concern. Moreover, nothing in Chapter 39 obligates the
Court to exercise all its authority in all cases. There are indeed
circumstances where the Court is permitted to terminate supervision --
and jurisdiction -- immediately upon adjudication. See, e.g., §
39.521(3)(b)1, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21783
...n for Writ of Certiorari filed by the Guardian ad Litem (GAL). 2 Second, on the substantive issue raised by the Father in his appellate brief, we reverse for the trial court to reconsider its placement decision in accordance with the requirements of section 39.521(3)(b), Florida Statutes (2005), which governs placement determinations when there is a nonoffending parent who desires to assume custody of the child....
...The order also provides that the grandmother is “encouraged to initiate” unsupervised visits between the Father and K.M. commencing with several hours, extending to overnights and weekends, and leading to vacationing of K.M. with the Father. Citing section 39.521(3)(b), the Father argues on appeal that the trial court abused its discretion by denying his request for placement of his child, notwithstanding a favorable home study, because no evidence was presented that “such placement would endanger the safety, well-being, or physical, mental, or emotional health” of his child. 5 We agree that the trial court abused its discretion by failing to comply with the requirements of section 39.521(3)(b)....
...Parental rights constitute a “fundamental liberty interest,” Padgett v. Dep’t of Health & Rehab. Servs.,
577 So.2d 565, 571 (Fla.1991), protected by the Due Process Clause of the Fourteenth Amendment, Troxel v. Granville,
530 U.S. 57, 66 ,
120 S.Ct. 2054 ,
147 L.Ed.2d 49 (2000) (plurality opinion). Section
39.521(3)(b) effectuates these rights by requiring that: (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: ......
...In any event, the trial court was presented with a completed home study on the Father and was, therefore, required to place the child with the Father unless it made findings that “such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child.” See 39.521(3)(b)....
...Because the court failed to consider whether placement with the Father would endanger his child and, therefore, failed to set forth the findings required to justify denying the Father’s request for custody, we reverse and remand for reconsideration in accordance with the requirements of section 39.521(3)(b)....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 1842674
...of the Interstate Compact on the Placement of Children, Section
409.401, Florida Statutes (2004) because the receiving state must approve the transfer in advance. See Department of Children and Families v. Benway,
745 So.2d 437 (Fla. 5th DCA 1999); §
39.521(7), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 14617, 2006 WL 2516495
...Otherwise, the trial court shall conduct a disposition hearing at *550 which C.C., as a non-offending parent, would be entitled to custody of J.C. upon obtaining a positive home study, unless the court finds that placement with C.C. would endanger J.C. See § 39.521(3)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 14038, 2006 WL 2419109
...de reunification with the parents." See § 39.622(1)-(2), Fla. Stat. (2005). Further, pursuant to section 39.601(9)(f), when the trial court amends a case plan, "[a] copy of the amended plan must be immediately given" to the child's parents. Lastly, section 39.521(3)(d) requires that "[t]he order terminating supervision by the department shall set forth the powers of the custodian ....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 12664, 2005 WL 1943208
...9)(b), Florida Statutes (2004) mandates the court return the child to her. We affirm. When a child is adjudicated dependent, the court is required to place the child with a non-offending parent if one is available and certain conditions are met. See § 39.521(3)(b), Fla....
...Stat.; see also L.P., father of J.Q. v. Dep’t of Children & Families,
871 So.2d 306 (Fla. 1st DCA 2004). Those conditions are met here. Under these circumstances, the court may order the non-offending parent to assume sole custodial responsibility. See §
39.521(3)(b)l., Fla. Stat. (2004). However, prior to making the change in custody, the court must determine the change is in the best interest of the child. See §
39.521(3)(b)2„ Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 2872, 2009 WL 928495
...consented to an adjudication of dependency and was given a case plan. On December 16, 2004, after complying with the case plan, C.A. was reunified with R.S. On July 22, 2005, M.L. was reunified with R.S. The court retained jurisdiction over the children. See § 39.521(7), Fla....
CopyPublished | District Court of Appeal of Florida
despite being given ample opportunity to do so. §
39.521(1)(c)(3), Fla. Stat. (2020). We further find
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5540
...Indeed, the appendix filed in this court reflects a total absence of factual support for the court’s order. When a child has been adjudicated dependent, the circuit court is authorized to order a nonoffending parent “to participate in treatment and services identified as necessary.” § 39.521(l)(b)(l), Fla....
