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Florida Statute 39.802 | Lawyer Caselaw & Research
F.S. 39.802 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.802
39.802 Petition for termination of parental rights; filing; elements.
(1) All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.
(2) The form of the petition is governed by the Florida Rules of Juvenile Procedure. The petition must be in writing and signed by the petitioner under oath stating the petitioner’s good faith in filing the petition.
(3) When a petition for termination of parental rights has been filed, the clerk of the court shall set the case before the court for an advisory hearing.
(4) A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations:
(a) That at least one of the grounds listed in s. 39.806 has been met.
(b) That the parents of the child were informed of their right to counsel at all hearings that they attended and that a dispositional order adjudicating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s. 39.806.
(c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition.
(d) That the parents of the child will be informed of the availability of private placement of the child with an adoption entity, as defined in s. 63.032.
(5) When a petition for termination of parental rights is filed under s. 39.806(1), a separate petition for dependency need not be filed and the department need not offer the parents a case plan with a goal of reunification, but may instead file with the court a case plan with a goal of termination of parental rights to allow continuation of services until the termination is granted or until further orders of the court are issued.
(6) The fact that a child has been previously adjudicated dependent as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency.
(7) The fact that the parent of a child was informed of the right to counsel in any prior dependency proceeding as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency containing a finding of fact that the parent was so advised.
(8) If the department has entered into a case plan with a parent with the goal of reunification, and a petition for termination of parental rights based on the same facts as are covered in the case plan is filed prior to the time agreed upon in the case plan for the performance of the case plan, then the petitioner must allege and prove by clear and convincing evidence that the parent has materially breached the provisions of the case plan.
History.s. 9, ch. 87-289; s. 15, ch. 90-306; s. 14, ch. 92-170; ss. 29, 30, ch. 94-164; s. 13, ch. 97-276; s. 84, ch. 98-403; s. 43, ch. 99-193; s. 2, ch. 2001-3; s. 31, ch. 2006-86; s. 1, ch. 2012-81; s. 18, ch. 2014-224.
Note.Former ss. 39.461, 39.4611.

F.S. 39.802 on Google Scholar

F.S. 39.802 on Casetext

Amendments to 39.802


Arrestable Offenses / Crimes under Fla. Stat. 39.802
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.802.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In INTEREST OF C. E. a K. E. v. Ad, 263 So. 3d 202 (Fla. App. Ct. 2019)

. . . See § 39.802(4)(a), (c); Padgett v. Dep't of Health & Rehab. . . .

D. G. D. L. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 250 So. 3d 871 (Fla. App. Ct. 2018)

. . . See § 39.802(4)(a), Fla. Stat. (2017) ; S.D. v. Dep't of Child. & Fam. . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Ad o b o P. R. v. A. R. R. L., 253 So. 3d 1158 (Fla. App. Ct. 2018)

. . . See § 39.802(5), Fla. . . .

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

. . . . § 39.802(4)(a), Fla. Stat. (2016). . . . interests of the child” by evaluating the relevant factors listed under section 39.810, Florida Statutes. § 39.802 . . .

In B. F. E. F. B. F. W. F. J. F. v., 198 So. 3d 706 (Fla. Dist. Ct. App. 2016)

. . . See § ,39.802(4)(a) (requiring the trial court to find by clear and convincing evidence that at least . . .

D. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 164 So. 3d 29 (Fla. Dist. Ct. App. 2015)

. . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . .

In Z. C. Z. C. K. D. v. Ad Z. H. v. Ad, 132 So. 3d 877 (Fla. Dist. Ct. App. 2014)

. . . of the elements that must be proven to entitle the State to terminate parental rights under section 39.802 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . (amending § 39.802(4)); ch.2012-84, § 2, Laws of Fla. (amending § 20.19, Fla. . . .

A. J. L. J. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 126 So. 3d 1212 (Fla. Dist. Ct. App. 2012)

. . . See § 39.802(5), Fla. Stat. (2010). . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 101 So. 3d 368 (Fla. 2012)

. . . Rights) should be amended in response to section 1 of chapter 2012-81, Laws of Florida, amending section 39.802 . . .

In Z. C. Z. C. Ad v. K. D. Z. H., 88 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . . §§ 39.802(4), 39.809(1). . . . expedited petition for termination of parental rights without filing a separate petition for dependency. §§ 39.802 . . . entered a dispositional order adjudicating the child dependent in any prior dependency proceeding. § 39.802 . . . prove that a dispositional order adjudicating the children dependent had been ordered under section 39.802 . . . See §§ 39.802(5), 39.806(3). . This case is also cited as In re M.F., 770 So.2d 1189 (Fla.2000). . . . .

K. R. L. v. DEPARTMENT OF CHILDREN FAMILY SERVICES, Ad, 83 So. 3d 936 (Fla. Dist. Ct. App. 2012)

. . . See § 39.802(4)(a), (c), Fla. Stat. (2010); Padgett v. . . .

In S. D. a S. B. v. Ad, 80 So. 3d 438 (Fla. Dist. Ct. App. 2012)

. . . See § 39.802(4)(a), Fla. Stat. (2010); cf. A.H. v. . . .

T. M. W. J. A. C. A v. T. A. C. J. A. C. A, 80 So. 3d 1103 (Fla. Dist. Ct. App. 2012)

. . . Section 39.802(1), Florida Statutes (2010) provides that: All proceedings seeking an adjudication to . . .

R. A. J. A. J. A. A. A. A. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 83 So. 3d 841 (Fla. Dist. Ct. App. 2011)

. . . See §§ 39.802(4)(a), (c), 39.810, Fla. Stat. (2010). . . .

In E. R. A. R. Ad v. S. H. F. R., 49 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . See § 39.802(4)(a), (c); T.L. v. . . . Although sections 39.802(5) and 39.806(3) provide that in expedited termination cases, DCF “may ... file . . . immediately moved for termination, there were no court-ordered services to continue pursuant to sections 39.802 . . . Furthermore, sections 39.802(5) and 39.806(3) use the word may rather than shall when discussing the . . . We also note that the facts of this case exemplify situations where sections 39.802(5) and 39.806(3) . . .

L. J. v. A. S., 25 So. 3d 1284 (Fla. Dist. Ct. App. 2010)

. . . See § 39.802(1), Fla. . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. E., 14 So. 3d 228 (Fla. 2009)

. . . Under section 39.802, Florida Statutes (2007), the operation of the provisions for terminating a parent . . . interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. § 39.802 . . . See § 39.802(3). . . . In sum, these district courts reason that (1) under section 39.802(4)(a), a petition for termination . . .

In H. E. a P. E. v. Ad, 3 So. 3d 341 (Fla. Dist. Ct. App. 2008)

. . . Section 39.802(4), Florida Statutes (2007), requires that a petition for termination of parental rights . . . Department were still required to prove an additional ground for termination as specified in section 39.802 . . . Since section 39.802(4) designates that there are two further requirements that must be proven in addition . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . Pursuant to section 39.802, Florida Statutes (2006), the Department initiated proceedings to terminate . . .

S. D. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 967 So. 2d 1016 (Fla. Dist. Ct. App. 2007)

. . . See § 39.802(1), Fla. Stat. . . .

W. S. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 961 So. 2d 1131 (Fla. Dist. Ct. App. 2007)

. . . See § 39.802(4)(a), Fla. Stat. . . .

T. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 961 So. 2d 1060 (Fla. Dist. Ct. App. 2007)

. . . The trial court relied upon sections 39.806(l)(c), 39.806(l)(e) and 39.802(8) as the statutory grounds . . . Section 39.802(8), Florida Statutes, provides: If the department has entered into a case plan with a . . . record, we find there was competent, substantial evidence to support termination pursuant to sections 39.802 . . .

C. M. A. A. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 953 So. 2d 547 (Fla. Dist. Ct. App. 2007)

. . . judicial decision whether to terminate parental rights involves two key determinations under section 39.802 . . .

In A. L. R. a T. V. R. v. C. R., 918 So. 2d 395 (Fla. Dist. Ct. App. 2006)

. . . mother filed this petition makes the matter somewhat troubling from an equitable standpoint, but section 39.802 . . .

M. D. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 914 So. 2d 1005 (Fla. Dist. Ct. App. 2005)

. . . . § 39.802, .806(l)(b), Fla. Stat. (2005); V.G. v. . . .

In D. A. D. II R. E. D. D. A. D. v., 903 So. 2d 1034 (Fla. Dist. Ct. App. 2005)

. . . . § 39.802(5). . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . those who may file a petition to terminate parental rights, thereby conforming the rule to section 39.802 . . .

B. C. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1046 (Fla. 2004)

. . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. F. L., 880 So. 2d 602 (Fla. 2004)

. . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . .

In L. B. W. a V. W. v., 863 So. 2d 480 (Fla. Dist. Ct. App. 2004)

. . . Section 39.802(4) sets forth the elements required for termination of parental rights, providing in pertinent . . . Requirements not at issue in this case are set forth in section 39.802(4)(b): "That the parents of the . . .

GUARDIAN AD LITEM PROGRAM, v. In K. D. R. A., 864 So. 2d 1213 (Fla. Dist. Ct. App. 2004)

. . . .” § 39.802(1), Fla. Stat. (2002); see Fla. R. Juv. . . . A petition must be filed “under oath stating the petitioner’s good faith in filing the petition.” § 39.802 . . . a petition under rule 8.500(f), the adopting party must comply with the oath requirement of section 39.802 . . . After a party has adopted a petition under rule 8.500(f) and consistent with section 39.802(2), the court . . .

T. P. D. B. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 860 So. 2d 1084 (Fla. Dist. Ct. App. 2003)

. . . Section 39.802(4), Florida Statutes, requires that a petition for termination allege the factual grounds . . .

A. A. R. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 852 So. 2d 318 (Fla. Dist. Ct. App. 2003)

. . . .” § 39.802(4)(a) & (c), Fla. Stat. (2002). . . . This holding is consistent with section 39.802(1), which states that “[a]ll proceedings seeking an adjudication . . . See § 39.802(1) (emphasis added). . . .

C. A. H. v. DEPARTMENT OF CHILDREN FAMILIES,, 830 So. 2d 939 (Fla. Dist. Ct. App. 2002)

. . . See §§ 39.802(5), 39.806(3), Fla. Stat. (2001). . . .

C. C. A. C. a v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 812 So. 2d 520 (Fla. Dist. Ct. App. 2002)

. . . .” § 39.802(8), Fla. Stat. (2000). . . . court failed to find or conclude that C.C. had “materially breached the provisions of the case plan.” § 39.802 . . .

L. O. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 807 So. 2d 810 (Fla. Dist. Ct. App. 2002)

. . . . § 39.802(1), Fla. Stat. (1999); Fla. R. Juv. P. 8.500. . . .

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

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

In K. M. A. M. T. M. v., 788 So. 2d 306 (Fla. Dist. Ct. App. 2001)

. . . See §§ 39.802(4), 39.809(1), 39.810, Fla. Stat. (1999). . . .

In C. W. W. a R. W. W. v., 788 So. 2d 1020 (Fla. Dist. Ct. App. 2001)

. . . . §§ 39.802(5), .806(3), Fla.Stat. (1999); Dep’t of Children & Families v. . . .

J. M. A. S. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 762 So. 2d 1029 (Fla. Dist. Ct. App. 2000)

. . . . § 39.802(8) (emphasis added). . . .

R. Co. v., 51 C.C.P.A. 934 (Cust. Ct. 1964)

. . . No. 39.802 filed March 10. I960'. Serial Mo. 68,048 filed March 2, 1959. . . . .