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Florida Statute 39.808 | Lawyer Caselaw & Research
F.S. 39.808 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 39.808

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.808
39.808 Advisory hearing; pretrial status conference.
(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.
(2) At the hearing the court shall inform the parties of their rights under s. 39.807, shall appoint counsel for the parties in accordance with legal requirements, and shall appoint a guardian ad litem to represent the interests of the child if one has not already been appointed.
(3) The court shall set a date for an adjudicatory hearing to be held within 45 days after the advisory hearing, unless all of the necessary parties agree to some other hearing date.
(4) An advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of parental rights. Adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition. Notice of the use of this subsection must be filed with the court at the same time as the filing of the petition to terminate parental rights.
(5) Not less than 10 days before the adjudicatory hearing on a petition for involuntary termination of parental rights, the court shall conduct a pretrial status conference to determine the order in which each party may present witnesses or evidence, the order in which cross-examination and argument shall occur, and any other matters that may aid in the conduct of the adjudicatory hearing to prevent any undue delay in the conduct of the adjudicatory hearing.
History.s. 9, ch. 87-289; s. 33, ch. 88-337; s. 18, ch. 90-306; s. 37, ch. 94-164; s. 90, ch. 98-403; s. 47, ch. 99-193.
Note.Former s. 39.466.

F.S. 39.808 on Google Scholar

F.S. 39.808 on Casetext

Amendments to 39.808


Arrestable Offenses / Crimes under Fla. Stat. 39.808
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.808.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In INTEREST OF M. G. A. B. A. D. v. Ad, 269 So. 3d 642 (Fla. App. Ct. 2019)

. . . See § 39.808, Fla. Stat. (2018). . . .

SACE S. P. A. v. REPUBLIC OF PARAGUAY,, 243 F. Supp. 3d 21 (D.D.C. 2017)

. . . (See Presidential Decree No. 39.808, May 27, 1983, Amoruso Dec!. . . . facilitating certain management related to development programs for [Paraguay]” (Presidential Decree No. 39.808 . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . dependency adjudicatory hearing); 39.521 (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 . . .

A. F. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 178 So. 3d 899 (Fla. Dist. Ct. App. 2014)

. . . In support of her position, the Mother directs this Court to section 39.808(2) of the Florida Statutes . . .

G. O. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 100 So. 3d 232 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to section 39.808(d), Florida Statutes (2011), the general magistrate found constructive consent . . .

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 §§ 39.801(3)(a), (d), 39.808(l)-(3); Fla. R. Juv. P. 8.510(a)(1), (3), 8.525(b), (d). . . . See § 39.808(2), Fla. Stat.; Fla. R. Juv. P. 8.510(a)(2). . . .

H. D. v. J. L. D., 16 So. 3d 334 (Fla. Dist. Ct. App. 2009)

. . . filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808 . . . the petition and a notice of the date, time, and place of the advisory hearing for the petition.” § 39.808 . . . Id. at 812-13 (citing § 39.808(4), Fla. Stat. (1999)). . . . petitions for voluntary termination must be held within 21 days after the filing of the petition.’ ” § 39.808 . . .

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

. . . Section 39.808(4) provides that when a written surrender and consent is entered, there is no need for . . .

S. S. v. STATE DEPARTMENT OF CHILDREN FAMILY SERVICES,, 976 So. 2d 41 (Fla. Dist. Ct. App. 2008)

. . . her minor son following her failure to appear at an advisory hearing scheduled pursuant to section 39.808 . . .

L. H. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 945 So. 2d 537 (Fla. Dist. Ct. App. 2006)

. . . Section 39.808, Florida Statutes (2005), which governs advisory hearing proceedings, does not require . . .

C. M. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 854 So. 2d 777 (Fla. Dist. Ct. App. 2003)

. . . Section 39.808(2), Florida Statutes (2002), requires the court to appoint a guardian ad litem to represent . . .

G. S. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 838 So. 2d 1221 (Fla. Dist. Ct. App. 2003)

. . . Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to . . .

T. C. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 816 So. 2d 194 (Fla. Dist. Ct. App. 2002)

. . . . § 39.808(4), Fla. Stat. (2000); § 39.809(1), (3), Fla. . . .

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

. . . . § 39.808(1),(2), Fla. Stat. (1999); Fla. R. Juv. P. 8.510. . . . an adjudication for termination of parental rights based on a voluntary surrender of those rights. § 39.808 . . .

In W. C. A. C. A. C. M. C. M. C. v., 797 So. 2d 1273 (Fla. Dist. Ct. App. 2001)

. . . Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the . . .

In PROPOSED AMENDMENT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION a, 770 So. 2d 152 (Fla. 2000)

. . . See, e.g., § 39.808, Fla.Stat. (1999) (setting strict time standards for termination of parental rights . . .

C. J. v. DEPARTMENT OF CHILDREN AND FAMILIES, Ad, 756 So. 2d 1108 (Fla. Dist. Ct. App. 2000)

. . . See §§ 39.808-.810, Fla. Stat. (Supp.1998). . . .