Florida Statute 39.6221 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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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, or the preceding 3 months if the caregiver is already known by the child and such caregiver has been named as the successor guardian on the child’s guardianship assistance agreement.

(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;

(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

(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; s. 5, ch. 2024-177.

F.S. 39.6221 on Google Scholar

F.S. 39.6221 on CourtListener

Amendments to 39.6221

Annotations, Discussions, Cases:

Cases Citing Statute 39.6221

Total Results: 55

Statewide Guardian Ad Litem Program v. A.A.

171 So. 3d 174, 2015 Fla. App. LEXIS 11580, 2015 WL 4510417

District Court of Appeal of Florida | Filed: Jul 27, 2015 | Docket: 60249676

Cited 8 times | Published

not in the. best interest of the child.... ” § 39.6221(1), Fla. Stat. (2014). Section 39.621(2)(a)-(e)

S.M., etc. v. Florida Department of Children and Families

202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418542

Cited 6 times | Published

may DCF consider “some other arrangement.” Section 39.6221, specifically states: “[i]f a court determines

CA v. Department of Children and Families

988 So. 2d 1247, 2008 WL 3914895

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1384742

Cited 5 times | Published

competent substantial evidence in the record.[1] § 39.6221(1), Fla. Stat. (2007); see J.R. v. Dep't of Children

Interest of K.M. v. Department of Children & Family Services

86 So. 3d 556, 2012 WL 1366735, 2012 Fla. App. LEXIS 6169

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60307712

Cited 3 times | Published

the permanent guardian, issued pursuant to section 39.6221(3), Florida Statutes (2011). II. Analysis The

K.B. v. Department of Children & Families

204 So. 3d 120

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539027

Cited 2 times | Published

of the proceedings on remand, we note that section 39.6221(2)(c), Florida Statutes (2015), requires the

State, Department of Children & Families v. Interest of B.D.

102 So. 3d 707, 2012 Fla. App. LEXIS 21206, 2012 WL 6097979

District Court of Appeal of Florida | Filed: Dec 10, 2012 | Docket: 60226764

Cited 2 times | Published

child in a permanent guardianship pursuant to section 39.6221(1), Fla. Stat. (2011). The mother’s parental

CS v. Department of Children and Families

41 So. 3d 368, 2010 Fla. App. LEXIS 10839, 2010 WL 2925051

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2399917

Cited 2 times | Published

N., in permanent guardianship pursuant to section 39.6221, Florida Statutes (2010). We reverse. Appellant

C.A. v. Department of Children & Families

27 So. 3d 241, 2010 Fla. App. LEXIS 1578, 2010 WL 532820

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 1207498

Cited 2 times | Published

proper because written findings are required by section 39.6221(2)(a), Florida Statutes (2009). Moreover, because

In Re AM

5 So. 3d 809

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 2584778

Cited 2 times | Published

proper because written findings are required by section 39.6221(2)(a), Florida Statutes (2008). Ordinarily

In Re Amendments to Rules of Juvenile Proc.

951 So. 2d 804, 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

Supreme Court of Florida | Filed: Feb 8, 2007 | Docket: 1280790

Cited 2 times | Published

permanent guardianship of a dependent child under section 39.6221, Florida Statutes; (D) permanent placement

A.C. v. Department of Children & Family Services

136 So. 3d 720, 2014 WL 594381

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60240070

Cited 1 times | Published

reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). See J.S. v

In the Interest of R.C. v. Department of Children & Family Services

118 So. 3d 924, 2013 WL 3957703, 2013 Fla. App. LEXIS 12099

District Court of Appeal of Florida | Filed: Aug 2, 2013 | Docket: 60233477

Cited 1 times | Published

Families, 967 So.2d 425, 427 (Fla. 4th DCA 2007). Section 39.6221, Florida Statutes (2012), lists the factors

In Re Rs

48 So. 3d 1035, 2010 WL 5113555

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2399248

Cited 1 times | Published

that the written order fails to comply with section 39.6221(2)(a), Florida Statutes (2009), which requires

RT, SR. v. Dept. of Children and Families

27 So. 3d 195, 2010 Fla. App. LEXIS 1449, 2010 WL 475184

District Court of Appeal of Florida | Filed: Feb 8, 2010 | Docket: 1665285

Cited 1 times | Published

statutory mandate set forth in section 39.6221 of the Florida Statutes. Section 39.6221 of the Florida Statutes

In Re JS

18 So. 3d 712, 2009 WL 3151342

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 1179716

Cited 1 times | Published

dependent or by making separate findings of fact[.]" § 39.6221(2)(a), Fla. Stat. (2008) (emphasis added). The

S.P., Mother of E.P., a Child v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 5, 2025 | Docket: 70463070

Published

failed to make any of the findings required by section 39.6221, Florida Statutes (2024). See Dep’t of Child

In Re: Amendments to Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 6, 2025 | Docket: 69710619

Published

established for a dependent child pursuant tounder section 39.6221, Florida Statutes; (D) –

Department of Children and Families v. L., L.

District Court of Appeal of Florida | Filed: Feb 7, 2025 | Docket: 69620257

Published

with D.L. for the length of time required by section 39.6221(1)(a), Florida Statutes (2024). The court granted

Department of Children & Families v. J.J., a Child, and the Statewide Guardian Ad Litem Office

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69420041

Published

hearing, and make the findings required under section 39.6221, Florida Statutes (2023), which governs a dependent

Jamie Hershberger v.Stash Hershberger

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68848309

Published

visitation at guardian’s discretion, comported with section 39.6221(2)(c) because it did not leave frequency and

T.A.S., R.A.S. v. Florida Department of Children and Families

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268881

Published

guardianship at the conclusion of a dependency case. See § 39.6221, Fla. Stat. (2020). T.A.S. was ordered to have

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

District Court of Appeal of Florida | Filed: Dec 8, 2022 | Docket: 67146596

Published

compels adoption over permanent guardianship. See § 39.6221(1), Fla. Stat. (2021) (stating that trial court

R. T. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363619

Published

guardianship order does not fully comply with section 39.6221, Florida Statutes (2021), we reverse and remand

In Re: Amendment to Florida Rule of Appellate Procedure 9.130

Supreme Court of Florida | Filed: Jan 27, 2022 | Docket: 62631939

Published

established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant or deny the

In Re: Amendment to Florida Rule of Appellate Procedure 9.130

Supreme Court of Florida | Filed: Jan 27, 2022 | Docket: 62631940

Published

established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant

T.M.W., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290991

Published

(“Permanency determination by the court”), and section 39.6221, Florida Statutes (2021) (“Permanent guardianship

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Feb 11, 2021 | Docket: 59245136

Published

established for a dependent child pursuant to section 39.6221, Florida Statutes.

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Oct 29, 2020 | Docket: 18584684

Published

established for a dependent child pursuant to section 39.6221, Florida Statutes.

In Re: Amendments to Florida Rules of Appellate Procedure 9.130 and 9.200

Supreme Court of Florida | Filed: Jan 30, 2020 | Docket: 16780182

Published

guardianships for dependent children pursuant to section 39.6221, Florida Statutes. According to the Committee’s

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report

249 So. 3d 1175

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471971

Published

ch. 2018-103, § 9 (adding paragraph (f) to § 39.6221(1), Fla. Stat. (2017) ). Accordingly, the

State of Florida, Department of etc. v. M. A., Father of C.A., Minor Child

215 So. 3d 1276, 2017 WL 1322116, 2017 Fla. App. LEXIS 4950

District Court of Appeal of Florida | Filed: Apr 10, 2017 | Docket: 4670601

Published

guardianship with the maternal grandmother. See § 39.6221, Fla. Stat. M.A.’s children remained under the

B.G. and C.C. v. Dept. of Children and Families

207 So. 3d 333, 2016 Fla. App. LEXIS 17477

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544296

Published

September 22, 2016. ANALYSIS Section 39.6221, Florida Statutes (2016), entitled “Permanent

T.M. v. Department of Children & Families

210 So. 3d 172, 2016 Fla. App. LEXIS 14482

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426648

Published

guardianship fails to make the findings required by section 39.6221(2), Florida Statutes (2015). We reverse and

B.V. v. Department of Children & Families

197 So. 3d 623, 2016 Fla. App. LEXIS 11382, 2016 WL 4035906

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256281

Published

reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2016).

B v. v. Dept. of Children and Families

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114290

Published

reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2015).

S.R. v. Department of Children & Families

197 So. 3d 131, 2016 Fla. App. LEXIS 11096, 2016 WL 3919070

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256207

Published

remaining sufficiency of the evidence argument. Section 39.6221, Florida Statutes, provides that when a trial

K.J., the father v. Department of Children and Families

181 So. 3d 551, 2015 Fla. App. LEXIS 18014, 2015 WL 7752952

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017409

Published

not contain the findings of fact required by section 39.6221, Florida Statutes (2015). “A general reference

T.B., the Father v. Department Of Children And Families

189 So. 3d 150, 2015 Fla. App. LEXIS 16009, 2015 WL 6496316

District Court of Appeal of Florida | Filed: Oct 28, 2015 | Docket: 3007732

Published

is from this order that the father appeals. Section 39.6221(2), Florida Statutes (2014), provides that

A.H. v. Department of Children & Families

144 So. 3d 662, 2014 WL 3906860, 2014 Fla. App. LEXIS 12387

District Court of Appeal of Florida | Filed: Aug 12, 2014 | Docket: 60242530

Published

So.3d 753, 757 (Fla. 2d DCA 2014) (citing section 39.6221(5), Florida Statutes, and explaining that the

B.K. v. Department of Children & Families

161 So. 3d 431, 2014 WL 1696142

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60247139

Published

apply the factors for permanency set forth in section 39.6221, Florida Statutes (2012), and failing to set

J.B. v. Department of Children & Family Services

130 So. 3d 753, 2014 WL 258743

District Court of Appeal of Florida | Filed: Jan 24, 2014 | Docket: 60237879

Published

permanency hearing until the end of the hearing. Section 39.6221, Florida Statutes (2012), authorizes a court

C.L. v. Department of Children & Families

117 So. 3d 64, 2013 WL 3100073, 2013 Fla. App. LEXIS 9802

District Court of Appeal of Florida | Filed: Jun 17, 2013 | Docket: 60232749

Published

supplemented document which complies with section 39.6221, Florida Statutes (2012), we grant the motion

C.C. v. Department of Children & Families

108 So. 3d 699, 2013 Fla. App. LEXIS 3289, 2013 WL 756346

District Court of Appeal of Florida | Filed: Feb 25, 2013 | Docket: 60229205

Published

reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). See, e.g.,

M.G. v. Department of Children & Family Services

86 So. 3d 1149, 2012 WL 1414377, 2012 Fla. App. LEXIS 6390

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60307553

Published

is insufficient to meet the requirements of section 39.6221(2), Florida Statutes (2011), in two respects

S.W-R. v. Department of Children & Family Services

64 So. 3d 1283, 2011 Fla. App. LEXIS 11073, 2011 WL 2732671

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 60301363

Published

reverse and remand for further proceedings. Section 39.6221(2)(c), Florida Statutes (2010), requires the

R.N. v. Department of Children & Family Services

55 So. 3d 685, 2011 Fla. App. LEXIS 2498

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 60298436

Published

permanent guardianship with her stepfather. See § 39.6221, Fla. Stat. (2009). However, over R.N.’s objection

C.H.C. v. Department of Children & Family Services

67 So. 3d 263, 2011 Fla. App. LEXIS 39, 2011 WL 96512

District Court of Appeal of Florida | Filed: Jan 12, 2011 | Docket: 60302083

Published

permanent guardianship with an adult relative. See § 39.6221, Fla. Stat. (2009). We conclude that competent

S.K. v. Florida Department of Children & Families

50 So. 3d 1182, 2010 Fla. App. LEXIS 19835, 2010 WL 5175123

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 60297261

Published

and Families (“the Department”) pursuant to section 39.6221, Florida Statutes (2010). She raises two grounds

D.N. v. Department of Children & Family Services

48 So. 3d 1035, 2010 Fla. App. LEXIS 19101

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60296455

Published

that the written order fails to comply with section 39.6221(2)(a), Florida Statutes (2009), which requires

J.S. v. Department of Children & Family Services

18 So. 3d 712, 2009 Fla. App. LEXIS 14712

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 60252174

Published

dependent or by making separate findings of fact[.]” § 39.6221(2)(a), Fla. Stat. (2008) (emphasis added). The

R.C. v. Department of Children & Family Services

6 So. 3d 736, 2009 Fla. App. LEXIS 4221, 2009 WL 1212260

District Court of Appeal of Florida | Filed: May 6, 2009 | Docket: 60299810

Published

to contain written findings as required by section 39.6221(2), Florida Statutes (2007). The Department

M.M. v. Department of Children & Family Services

5 So. 3d 809, 2009 Fla. App. LEXIS 2722

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 60297220

Published

proper because written findings are required by section 39.6221(2)(a), Florida Statutes (2008). Ordinarily

IZ v. Department of Children & Families

967 So. 2d 425, 2007 WL 3170460

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1454492

Published

child. We affirm the trial court's holding. Section 39.6221, Florida Statutes, controls the placement of

Department of Children & Families v. In the Interest of J.F.

959 So. 2d 1247, 2007 Fla. App. LEXIS 9981, 2007 WL 1827509

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851487

Published

judicial review order to be in compliance with section 39.6221(2), Florida Statutes (2006); amend the judicial

JT v. Department of Children and Families

954 So. 2d 736, 2007 Fla. App. LEXIS 6278, 2007 WL 1213682

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 2172796

Published

son in a permanent guardianship pursuant to section 39.6221, Florida Statutes (2006). The Department of