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Florida Statute 39.6221 | Lawyer Caselaw & Research
F.S. 39.6221 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 39.6221

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.6221
39.6221 Permanent guardianship of a dependent child.
(1) If a court determines that reunification or adoption is not in the best interest of the child, the court may place the child in a permanent guardianship with a relative or other adult approved by the court if all of the following conditions are met:
(a) The child has been in the placement for not less than the preceding 6 months.
(b) The permanent guardian is suitable and able to provide a safe and permanent home for the child.
(c) The court determines that the child and the relative or other adult are not likely to need supervision or services of the department to ensure the stability of the permanent guardianship.
(d) The permanent guardian has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence.
(e) The permanent guardian agrees to give notice of any change in his or her residential address or the residence of the child by filing a written document in the dependency file of the child with the clerk of the court.
(f) The child demonstrates a strong attachment to the prospective permanent guardian, and such guardian has a strong commitment to permanently caring for the child.
(2) In its written order establishing a permanent guardianship, the court shall:
(a) List the circumstances or reasons why the child’s parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;
(b) State the reasons why a permanent guardianship is being established instead of adoption;
(c) Specify the frequency and nature of visitation or contact between the child and his or her parents;
(d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509;
(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and
(f) Require that the permanent guardian not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.
(3) The court shall give the permanent guardian a separate order establishing the authority of the permanent guardian to care for the child and providing any other information the court deems proper which can be provided to persons who are not parties to the proceeding as necessary, notwithstanding the confidentiality provisions of s. 39.202.
(4) A permanent guardianship of a dependent child established under this chapter is not a plenary guardianship and is not subject to the requirements of chapter 744.
(5) The court shall retain jurisdiction over the case and the child shall remain in the custody of the permanent guardian unless the order creating the permanent guardianship is modified by the court. The court shall discontinue regular review hearings and relieve the department of the responsibility for supervising the placement of the child. Not withstanding the retention of jurisdiction, the placement shall be considered permanency for the child.
(6) Placement of a child in a permanent guardianship does not terminate the parent-child relationship, including:
(a) The right of the child to inherit from his or her parents;
(b) The parents’ right to consent to the child’s adoption; and
(c) The parents’ responsibility to provide financial, medical, and other support for the child as ordered by the court.
(7) The requirements of s. 61.13001 do not apply to permanent guardianships established under this section.
History.s. 20, ch. 2006-86; s. 4, ch. 2007-5; s. 19, ch. 2017-151; s. 9, ch. 2018-103.

F.S. 39.6221 on Google Scholar

F.S. 39.6221 on Casetext

Amendments to 39.6221


Arrestable Offenses / Crimes under Fla. Stat. 39.6221
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6221.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE FAST- TRACK REPORT., 249 So. 3d 1175 (Fla. 2018)

. . . See ch. 2018-103, § 9 (adding paragraph (f) to § 39.6221(1), Fla. Stat. (2017) ). . . . (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. M. A. M. R. A. C. A., 215 So. 3d 1276 (Fla. Dist. Ct. App. 2017)

. . . See § 39.6221, Fla. Stat. . . .

B. G. C. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 207 So.3d 333 (Fla. Dist. Ct. App. 2016)

. . . ANALYSIS Section 39.6221, Florida Statutes (2016), entitled “Permanent guardianship of a dependent child . . .

In H. T. a K. B. v. Ad, 204 So.3d 120 (Fla. Dist. Ct. App. 2016)

. . . For purposes of the proceedings on remand, we note that section 39.6221(2)(c), Florida Statutes (2015 . . . Therefore, the order comports with section 39.6221(2)(c). Cf. S.W-R. v. . . . for an hour to an hour and a half “or at the discretion of the caregiver” did not comply with section 39.6221 . . .

In C. A. S. L. T. M. v., 210 So. 3d 172 (Fla. Dist. Ct. App. 2016)

. . . order placing the children in permanent guardianship fails to make the findings required by section 39.6221 . . . Section 39.6221 delineates the findings a trial court is required to make to place a child in a permanent . . . otherwise have before it competent and substantial evidence to support the findings required by section 39.6221 . . . permanent guardianship for the trial court to make the necessary findings of fact required by section 39.6221 . . . Florida Rule of Juvenile Procedure 8.425(d)(5) mirrors the requirements of section 39.6221(2). . . .

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

. . . parental rights has been or will be filed; (c) Permanent guardianship of a dependent child under s. 39.6221 . . . Section 39.6221, specifically states: “[i]f a court determines that reunification or adoption is not . . . Id. § 39.6221(1). . . . See § 39.6221(5), Fla. Stat. (2016). . . . . § 39.6221(6), Fla. Stat. . . .

B. V. v. DEPARTMENT OF CHILDREN FAMILIES,, 197 So. 3d 623 (Fla. Dist. Ct. App. 2016)

. . . mother is not fit to care for the child and why reunification is not possible, as required under section 39.6221 . . .

S. R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 197 So. 3d 131 (Fla. Dist. Ct. App. 2016)

. . . Section 39.6221, Florida Statutes, provides that when a trial court places a minor child in a permanent . . . This 'generic language is insufficient to satisfy the requirements of section 39.6221. See T.B. v. . . . guardianship order because it failed to establish a specific visitation schedule in violation of section 39.6221 . . . guardianship order for the trial court to make the necessary, specific written findings pursuant to section 39.6221 . . .

K. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 181 So. 3d 551 (Fla. Dist. Ct. App. 2015)

. . . agree with appellant that the June 5 order does not contain the findings of fact required by section 39.6221 . . .

T. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 189 So. 3d 150 (Fla. Dist. Ct. App. 2015)

. . . Section 39.6221(2), Florida Statutes (2014), provides that in a written order establishing a permanent . . . fact made in its order adjudicating the child dependent or by making separate findings of fact.” § 39.6221 . . . The written order does not comply with the statutory requirements of section 39.6221(2)(a), Florida Statutes . . .

STATEWIDE GUARDIAN AD LITEM PROGRAM, v. A. A. A. S. A., 171 So. 3d 174 (Fla. Dist. Ct. App. 2015)

. . . first “determines that reunification or adoption is not in the. best interest of the child.... ” § 39.6221 . . . in the best interest of the child, the court may place the child in a permanent guardianship.... ” § 39.6221 . . .

A. H. K. H. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 144 So. 3d 662 (Fla. Dist. Ct. App. 2014)

. . . In re J.B., 130 So.3d 753, 757 (Fla. 2d DCA 2014) (citing section 39.6221(5), Florida Statutes, and explaining . . .

In A. K. J. K. B. K. B. K. v. Ad, 161 So. 3d 431 (Fla. Dist. Ct. App. 2014)

. . . court erred by failing to consider and properly apply the factors for permanency set forth in section 39.6221 . . . Moreover, the findings required by section 39.6221(2), upon which the trial court apparently based the . . .

In A. C. A. C. T. C. A. C. v. Ad, 136 So. 3d 720 (Fla. Dist. Ct. App. 2014)

. . . evidence, the order on appeal fads to contain or to reference the detailed findings required by section 39.6221 . . . order adjudicating the ehild[ren] dependent or by making separate findings of fact[.])’ ” (quoting § 39.6221 . . . Accordingly, we reverse and remand for the entry of an amended order that meets the requirements of section 39.6221 . . .

In J. B. J. B. J. B. v. Ad, 130 So. 3d 753 (Fla. Dist. Ct. App. 2014)

. . . Section 39.6221, Florida Statutes (2012), authorizes a court to establish a permanent guardianship of . . . See § 39.6221(1). . . . Subsection 39.6221(2) and rule 8.425(d) contain detailed requirements for the written order establishing . . . See § 39.6221(2); see also J.S. v. . . . Subsection 39.6221(5) explains that the entry of a permanent guardianship requires the court to “discontinue . . .

In R. C. a D. C. v. Ad, 118 So. 3d 924 (Fla. Dist. Ct. App. 2013)

. . . Section 39.6221, Florida Statutes (2012), lists the factors that the trial court must consider in determining . . . Section 39.6221(2)(a) allows the trial court to refer to specific findings of fact made in the dependency . . . We have held that a nonspecific visitation requirement does not comply with section 39.6221(2)(c). . . . This portion of the order does not necessarily violate section 39.6221(2)(c). . . .

C. L. J. V. G. V. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 117 So. 3d 64 (Fla. Dist. Ct. App. 2013)

. . . Based upon a review of the supplemented document which complies with section 39.6221, Florida Statutes . . .

C. C. J. C. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 108 So. 3d 699 (Fla. Dist. Ct. App. 2013)

. . . evidence, the final order itself does not contain or reference the detailed findings required by section 39.6221 . . . The order also fails to comply with section 39.6221(2)(c), Florida Statutes (2012), which requires the . . . Accordingly, we reverse and remand for entry of an amended order that meets the requirements of section 39.6221 . . . that visitation shall be solely at the discretion of the guardian, which is insufficient under section 39.6221 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. In B. D., 102 So. 3d 707 (Fla. Dist. Ct. App. 2012)

. . . elosed dependency case; the trial court placed the child in a permanent guardianship pursuant to section 39.6221 . . . permanent guardianship of a dependent child ... is intended to be permanent and self-sustaining”); § 39.6221 . . .

M. G. v. DEPARTMENT OF CHILDREN FAMILY SERVICES,, 86 So. 3d 1149 (Fla. Dist. Ct. App. 2012)

. . . ruling, we agree with the mother the written order is insufficient to meet the requirements of section 39.6221 . . . court places a minor child in a permanent guardianship in lieu of reunification or adoption, section 39.6221 . . . The Department concedes the trial court’s order does not meet the statutory requirements of section 39.6221 . . . However, the Department contends the mother waived her right as to section 39.6221(2)(c) because of a . . . Reversed and remanded for entry of an order in compliance with the requirements of section 39.6221(2) . . .

In K. M. a P. P. v., 86 So. 3d 556 (Fla. Dist. Ct. App. 2012)

. . . terminating protective services; and a separate order for the permanent guardian, issued pursuant to section 39.6221 . . . mother also argues that the trial court’s order failed to make the proper findings pursuant to section 39.6221 . . .

In J. L. R. JR. N. R. S. W- R. v. Ad, 64 So. 3d 1283 (Fla. Dist. Ct. App. 2011)

. . . Section 39.6221(2)(c), Florida Statutes (2010), requires the circuit court’s written order to “[sjpecify . . . An order that does not comply with the requirements of section 39.6221 must be reversed. . . . the trial court to delineate S.W-R.’s visitation rights with her children in accordance with section 39.6221 . . .

In A. N. a R. N. v., 55 So. 3d 685 (Fla. Dist. Ct. App. 2011)

. . . See § 39.6221, Fla. Stat. (2009). . . . visitation or contact between” R.N. and his daughter in the guardianship order as required by section 39.6221 . . . the animosity between R.N. and the permanent guardian, but also violated the clear mandate of section 39.6221 . . .

In J. R. C. A. C. B. C. C. H. C. v., 67 So. 3d 263 (Fla. Dist. Ct. App. 2011)

. . . See § 39.6221, Fla. Stat. (2009). . . . See § 39.6221(2)(c). . . .

S. K. C. H. C. H. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 50 So. 3d 1182 (Fla. Dist. Ct. App. 2010)

. . . supervision of the Florida Department of Children and Families (“the Department”) pursuant to section 39.6221 . . . Second, she argues that the trial court’s written order does not comply with section 39.6221(2)(a) because . . . additionally argues, and we agree, that the trial court’s written order does not comply with section 39.6221 . . . This clause fails to comport with the statutory mandate of section 39.6221(2)(a) because it “makes only . . .

In R. S. a D. N. v., 48 So. 3d 1035 (Fla. Dist. Ct. App. 2010)

. . . appeal, D.N. argues, and the Department concedes, that the written order fails to comply with section 39.6221 . . .

C. S. C. N. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 41 So. 3d 368 (Fla. Dist. Ct. App. 2010)

. . . C.S. appeals an order placing her son, C.N., in permanent guardianship pursuant to section 39.6221, Florida . . . the state concedes, and we agree, that the lower court’s written order did not comply with section 39.6221 . . .

C. A. v. DEPARTMENT OF CHILDREN FAMILIES,, 27 So. 3d 241 (Fla. Dist. Ct. App. 2010)

. . . We accept this concession of error as proper because written findings are required by section 39.6221 . . .

R. T. SR. K. T. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 27 So. 3d 195 (Fla. Dist. Ct. App. 2010)

. . . regarding the issue of reunification sufficient to comply with the statutory mandate set forth in section 39.6221 . . . Section 39.6221 of the Florida Statutes requires trial courts to set forth written findings to support . . . things, the statute requires trial courts to explain why the parent is not fit to care for the child: 39.6221 . . . fact made in its order adjudicating the child dependent or by making separate findings of fact ... § 39.6221 . . . discussing the substantive issue raised on appeal, the Second District noted that, pursuant to section 39.6221 . . .

In J. S. A. S. J. S. v. Ad, 18 So. 3d 712 (Fla. Dist. Ct. App. 2009)

. . . .]” § 39.6221(2)(a), Fla. Stat. (2008) (emphasis added). . . . The trial court would then be required to comply with the dictates of section 39.6221(2)(a) and either . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. In C. W., 14 So. 3d 1041 (Fla. Dist. Ct. App. 2009)

. . . parental rights has been or will be filed; (c) Permanent guardianship of a dependent child under s. 39.6221 . . .

In R. B. T. C. R. C. v. Ad, 6 So. 3d 736 (Fla. Dist. Ct. App. 2009)

. . . correctly concedes error because the order failed to contain written findings as required by section 39.6221 . . . The Department also concedes that, even if the trial court’s order complied ■with section 39.6221(2), . . .

In A. M. a M. M. v., 5 So. 3d 809 (Fla. Dist. Ct. App. 2009)

. . . We find these concessions to be proper because written findings are required by section 39.6221(2)(a) . . . reverse and remand for the court to make the necessary written findings in compliance with section 39.6221 . . . Department and the Guardian ad Litem also concede that, even if the court had complied with section 39.6221 . . .

C. A. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 988 So. 2d 1247 (Fla. Dist. Ct. App. 2008)

. . . . § 39.6221(1), Fla. Stat. (2007); see J.R. v. . . . sjpecify the frequency and nature of visitation or contact between the child and his or her parents.” § 39.6221 . . . Section 39.6221(2)(a) further instructs that the trial court, in its written order, shall "[l]ist the . . . fact made in its order adjudicating the child dependent or by making separate findings of fact.” § 39.6221 . . .

I. Z. v. DEPARTMENT OF CHILDREN FAMILIES Ad, 967 So. 2d 425 (Fla. Dist. Ct. App. 2007)

. . . Section 39.6221, Florida Statutes, controls the placement of a child in a permanent guardianship, and . . . care and custody of the person from whom the child was removed without the approval of the court. § 39.6221 . . . trial court shall “relieve [DCF] of the responsibility for supervising the placement of the child.” § 39.6221 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. In J. F., 959 So. 2d 1247 (Fla. Dist. Ct. App. 2007)

. . . 39.621(6), Florida Statutes (2006); amend the judicial review order to be in compliance with section 39.6221 . . . the child has been in the placement for not less than the preceding six months pursuant to section 39.6221 . . .

J. T. J. T. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 954 So. 2d 736 (Fla. Dist. Ct. App. 2007)

. . . appellant seeks review of an order placing his son in a permanent guardianship pursuant to section 39.6221 . . . Department of Children and Family Services correctly concedes error because the requirements of section 39.6221 . . . Accordingly, we reverse and remand for further proceedings consistent with section 39.6221. . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 951 So. 2d 804 (Fla. 2007)

. . . parental rights has been or will be filed; (C) permanent guardianship of a dependent child under section 39.6221 . . .