Florida Statute 39.809 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.809

39.809 Adjudicatory hearing.—

(1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.

(2) The adjudicatory hearing must be held within 45 days after the advisory hearing, but reasonable continuances for the purpose of investigation, discovery, or procuring counsel or witnesses may, when necessary, be granted.

(3) The adjudicatory hearing must be conducted by the judge without a jury, applying the rules of evidence in use in civil cases and adjourning the case from time to time as necessary. For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge may consider in-court testimony previously given at any properly noticed hearing, without regard to the availability or unavailability of the witness at the time of the actual adjudicatory hearing, if the recorded testimony itself is made available to the judge. Consideration of such testimony does not preclude the witness being subpoenaed to answer supplemental questions.

(4) All hearings involving termination of parental rights are confidential and closed to the public. Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The child and the parents may be examined separately and apart from each other.

(5) The judge shall enter a written order with the findings of fact and conclusions of law.

History.—s. 9, ch. 87-289; s. 19, ch. 90-306; ss. 8, 10, ch. 92-158; s. 38, ch. 94-164; s. 91, ch. 98-403.

Note.—Former s. 39.467.

F.S. 39.809 on Google Scholar

F.S. 39.809 on CourtListener

Amendments to 39.809

Annotations, Discussions, Cases:

Cases Citing Statute 39.809

Total Results: 71

Florida Dept. of Children and Fam. v. Fl

880 So. 2d 602, 2004 WL 1516017

Supreme Court of Florida | Filed: Jul 8, 2004 | Docket: 1186460

Cited 65 times | Published

established by clear and convincing evidence. § 39.809(1), Fla. Stat. (2002); § 39.811(2), Fla. Stat

Nl v. Dept. of Children and Family Ser.

843 So. 2d 996, 2003 Fla. App. LEXIS 6188, 2003 WL 1986950

District Court of Appeal of Florida | Filed: May 1, 2003 | Docket: 1670448

Cited 52 times | Published

rights is in the best interests of the child. See § 39.809(1), Fla. Stat. (2000). Clear and convincing evidence

LB v. Department of Children and Families

835 So. 2d 1189, 2002 Fla. App. LEXIS 19339, 2002 WL 31887728

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 2029638

Cited 24 times | Published

parental rights by clear and convincing evidence. § 39.809(1), Fla. Stat. (2001); see also In re Adoption

BC v. Dept. of Children and Families

887 So. 2d 1046, 29 Fla. L. Weekly Supp. 508, 2004 Fla. LEXIS 1538, 2004 WL 2110379

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 1515163

Cited 23 times | Published

in a hearing on a petition for termination. See § 39.809(1) ("In a hearing on a petition for termination

In Re DJW

764 So. 2d 825, 2000 WL 1036180

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 1171554

Cited 20 times | Published

required for terminating parental rights. See § 39.809(1), Fla. Stat. (1999). However, M.J.S.'s parental

Cc v. Dept. of Children & Family Services

812 So. 2d 520, 2002 Fla. App. LEXIS 3778

District Court of Appeal of Florida | Filed: Mar 25, 2002 | Docket: 1716260

Cited 17 times | Published

is in the child's best interests to do so. See § 39.809(5), Fla. Stat. (2000); In re L.H., 647 So.2d 311

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

18 So. 3d 1170, 2009 Fla. App. LEXIS 14424, 2009 WL 3078150

District Court of Appeal of Florida | Filed: Sep 29, 2009 | Docket: 1640502

Cited 10 times | Published

findings of fact and conclusions of law. See also § 39.809(4), Fla. Stat. (2006) (requiring trial judges

In Re LBW

863 So. 2d 480, 2004 WL 86188

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1728644

Cited 9 times | Published

with a relative of the child." § 39.810(1). Section 39.809(1) provides that "[e]ach of [the elements required

CM v. Department of Children and Families

953 So. 2d 547, 2007 WL 412790

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1338275

Cited 8 times | Published

be proved by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2004); Santosky v. Kramer, 455

AW v. Department of Children and Families

969 So. 2d 496, 2007 WL 4105543

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1726011

Cited 7 times | Published

court's ruling is "clear and convincing evidence." § 39.809(1), Fla. Stat. (2006). The Florida Supreme Court

CW v. Department of Children and Families

814 So. 2d 488, 2002 WL 529897

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1368824

Cited 7 times | Published

supported "by clear and convincing evidence." See § 39.809(1), Fla. Stat. (2000)("In a hearing on a petition

NS v. Department of Children and Families

36 So. 3d 776, 2010 Fla. App. LEXIS 6545, 2010 WL 1875624

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1638820

Cited 6 times | Published

case, by *783clear and convincing evidence. See § 39.809(1), Fla. Stat. (2009); N.L. v. Dep’t of Children

DCFS v. Natural Parents of JB

736 So. 2d 111, 1999 WL 415191

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1736701

Cited 6 times | Published

constitutionality to the supreme court: "Is § 39.467(4), now § 39.809(4), Fla. Stat. (Supp.1998), requiring a mandatory

TP v. Department of Children and Families

860 So. 2d 1084, 2003 Fla. App. LEXIS 18798, 2003 WL 22927152

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 454635

Cited 5 times | Published

finally, how the law applies to the above facts. Section 39.809(1), Florida Statutes (2002), provides, "In

TS v. Department of Children and Families

969 So. 2d 494, 2007 WL 4105565

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1403789

Cited 4 times | Published

established by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2006). The standard of review

Rp v. Department of Children and Family

975 So. 2d 435, 2007 Fla. App. LEXIS 4309, 2007 WL 865807

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1727432

Cited 4 times | Published

for reinstatement of R.P.'s parental rights. Section 39.809(1), Florida Statutes (2005), requires the Department

TCB v. Dept. of Children and Families

816 So. 2d 194, 2002 Fla. App. LEXIS 6111

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 1753470

Cited 4 times | Published

in an adjudicatory hearing, as required by section 39.809(1), Florida Statutes (2000). Appellee, the

Lo v. Fla. Dept. of Children and Family Serv.

807 So. 2d 810, 2002 WL 270699

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 1505961

Cited 4 times | Published

convincing evidence before the petition may be granted. § 39.809(1). Furthermore, the adjudicatory hearing must

Natural Parents of JB v. FLORIDA DCFS.

780 So. 2d 6, 2001 WL 169664

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 1298397

Cited 4 times | Published

public importance: IS SECTION 39.467(4), NOW SECTION 39.809(4), FLORIDA STATUTES (SUPP.1998), REQUIRING

Florida Dept. of Children & Families, et.al. v. A.R. and R.L., Parents

253 So. 3d 1158

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7593340

Cited 3 times | Published

child's best interests to do so. See § 39.809(5), Fla. Stat. (2009); In re L.H

K.R.L. v. Department of Children & Family Services

83 So. 3d 936, 2012 WL 832827, 2012 Fla. App. LEXIS 4064

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306540

Cited 3 times | Published

is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2009); In re L.H., 647 So.2d 311

In Re Amendments to Florida Rules of Juvenile Procedure

939 So. 2d 74, 2006 Fla. LEXIS 2210, 2006 WL 2690230

Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 1237026

Cited 3 times | Published

Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes. RULE 8.350. PLACEMENT OF

In Re DNO

820 So. 2d 1064, 2002 WL 1466460

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 1362560

Cited 3 times | Published

termination by clear and convincing evidence. § 39.809(1), Fla. Stat. (2000); In re S.S., 723 So.2d 344

Guardian Ad Litem Program v. C.W. (In re X.W.)

255 So. 3d 882

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64689555

Cited 2 times | Published

case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following

S.D. v. Department of Children & Families

208 So. 3d 320, 2017 Fla. App. LEXIS 37

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 4561881

Cited 2 times | Published

evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption

S.B. v. Department of Children & Families

132 So. 3d 1243, 2014 Fla. App. LEXIS 2954, 2014 WL 825240

District Court of Appeal of Florida | Filed: Mar 3, 2014 | Docket: 60238369

Cited 2 times | Published

parental rights by clear and convincing evidence. § 39.809(1), Fla. Stat. (2013). We review the circuit court’s

WS v. Department of Children and Families

31 So. 3d 329, 2010 Fla. App. LEXIS 4504, 2010 WL 1329709

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1647588

Cited 2 times | Published

on the petition. While he acknowledges that section 39.809, Florida Statutes provides for an adjudicatory

In Re DD

879 So. 2d 10, 2004 WL 912648

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 463747

Cited 2 times | Published

), 788 So.2d 306 (Fla. 2d DCA 2001); see also § 39.809(1) (requiring that each of the elements necessary

PJ v. Department of Children & Families

783 So. 2d 1148, 2001 WL 303331

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1259387

Cited 2 times | Published

remand this matter for entry of a proper order. Section 39.809(5) of the Florida Statutes (1999) requires

A.T.N. v. Florida Department of Children & Family Services

70 So. 3d 634, 2011 Fla. App. LEXIS 7154

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 439789

Cited 1 times | Published

Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes." See also In re Amendments

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

4 So. 3d 684, 2009 Fla. App. LEXIS 790

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 60295089

Cited 1 times | Published

concerning manifest best interests of child); see also § 39.809(5), Fla. Stat. (2007) (requiring judge to enter

Z.M. v. State, Department of Children & Family Services

981 So. 2d 1267, 2008 Fla. App. LEXIS 7220, 2008 WL 2116099

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 64854882

Cited 1 times | Published

convincing evidence before the petition is granted. § 39.809(1), Fla. Stat. (2006). See also N.L. v. Dep’t

To v. LS

954 So. 2d 737, 2007 WL 1213665

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 1652157

Cited 1 times | Published

is in the child's best interests to do so. See § 39.809(5), Fla. Stat. (2000); In re L.H., 647 So.2d 311

WR v. Department of Children and Families

928 So. 2d 414, 2006 WL 1041134

District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1713706

Cited 1 times | Published

established by clear and convincing evidence. § 39.809(1), Fla. Stat. (2004). A trial court's finding

In Re FMHB

803 So. 2d 837, 2001 WL 1744273

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784776

Cited 1 times | Published

clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we

In Re FMB

803 So. 2d 833, 2001 WL 1744179

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784593

Cited 1 times | Published

clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we

KC v. Department of Children and Families

800 So. 2d 676, 2001 WL 1517406

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1283203

Cited 1 times | Published

maintaining custody of C.M. [3] Renumbered as section 39.809(3), Florida Statutes (2000).

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Supreme Court of Florida | Filed: Mar 7, 2024 | Docket: 68317970

Published

exists. See § 39.806(1), Fla. Stat. (2021); § 39.809(1), Fla. Stat. (2021) (“In a hearing on a petition

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Supreme Court of Florida | Filed: Mar 7, 2024 | Docket: 68317970

Published

exists. See § 39.806(1), Fla. Stat. (2021); § 39.809(1), Fla. Stat. (2021) (“In a hearing on a petition

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

elements by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2021); E.K. v. Dep’t of Child

In Re: Amendments to the Florida Rules of Juvenile Procedure

Supreme Court of Florida | Filed: Oct 14, 2021 | Docket: 60646066

Published

Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes. RULE 8.260. ORDERS

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 2, 2021 | Docket: 60334865

Published

spanning six days and concluding August 10, 2020. See § 39.809, Fla. Stat. (2019). That first order tracked the

J.O., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971144

Published

abandonment and making the required findings. See § 39.809(5), Fla. Stat. (2020) (requiring order on adjudicatory

A.D., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

273 So. 3d 1016

District Court of Appeal of Florida | Filed: May 30, 2019 | Docket: 15697794

Published

is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2000)][.]” C.C. v. Dep’t of Children

R.D.S. v. Dep't of Children & Families

263 So. 3d 183

District Court of Appeal of Florida | Filed: Dec 31, 2018 | Docket: 64702740

Published

B. Hospital Counsel's Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this

R.D.S. v. Dep't of Children & Families

263 So. 3d 183

District Court of Appeal of Florida | Filed: Dec 31, 2018 | Docket: 64702741

Published

B. Hospital Counsel's Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this

R.D.S. and T.D.S. v. Dept. of Children and Families

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8110455

Published

Hospital Counsel’s Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this

GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 6302663

Published

case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following

S.D. v. Dept. of Children and Families

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546361

Published

evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption

R.W.M. v. Dep't of Children & Families

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022464

Published

So. 2d 1020, 1023 (Fla. 2d DCA 2001). See also § 39.809(1), Fla. Stat. (2014). Furthermore, the trial

W.L., The Mother v. Department Of Children And Families

172 So. 3d 562, 2015 Fla. App. LEXIS 12455

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685294

Published

respect to orders terminating parental rights, section 39.809(5), Florida Statutes (2013), requires trial

G.O. v. Department of Children & Families

100 So. 3d 232, 2012 Fla. App. LEXIS 18883, 2012 WL 5349993

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225724

Published

under section 89.809, Florida Statutes (2011). Section 39.809(3) also states, in pertinent part, “[t]he adjudicatory

S.V.B. v. Department of Children & Family Services

93 So. 3d 340, 2012 WL 1366724

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60310547

Published

severe that it endangered the child’s life. Id. Section 39.809(1) requires DCF to prove each element necessary

Zm v. State Dcfs

981 So. 2d 1267

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1515694

Published

convincing evidence before the petition is granted. § 39.809(1), Fla. Stat. (2006). See also N.L. v. Dep't

T.O. v. L.S.

954 So. 2d 737, 2007 Fla. App. LEXIS 6281

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 64850312

Published

is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2000); In re L.H., 647 So.2d 311

JI v. Department of Children and Families

922 So. 2d 405, 2006 Fla. App. LEXIS 3301, 2006 WL 544475

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1282732

Published

meetings confidential and closed to the public. Section 39.809(4), which applies to adjudicatory hearings

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

910 So. 2d 355, 2005 Fla. App. LEXIS 14537, 2005 WL 2242654

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 64840310

Published

whatever assistance is necessary and practicable. Section 39.809(5) requires the trial court to enter a written

Department of Children and Families v. JH

907 So. 2d 1275, 2005 WL 1842674

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 459421

Published

petition, there are no conclusions of law. See § 39.809(5), Fla. Stat. (2004). Further, the dispositional

C.C. v. Department of Children & Families

886 So. 2d 244, 2004 Fla. App. LEXIS 15124, 2004 WL 2308901

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 64834038

Published

rights is in the best interest of the children. See § 39.809(1), Fla. Stat. (2003). Such findings enjoy a presumption

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

879 So. 2d 10, 2004 Fla. App. LEXIS 6089

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 64832057

Published

), 788 So.2d 306 (Fla. 2d DCA 2001); see also § 39.809(1) (requiring that each of the elements necessary

J.B.P. v. Department of Children & Families

868 So. 2d 1289, 2004 Fla. App. LEXIS 4599, 2004 WL 735623

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 64829092

Published

termination is therefore not in compliance with section 39.809(5), Florida Statutes (2002), which provides

Guardian Ad Litem Program v. In the Interest of K.D.

864 So. 2d 1213, 2004 Fla. App. LEXIS 428, 2004 WL 89185

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827849

Published

party that adopted the petition may rely on section 39.809(3), Florida Statutes (2002), which provides

V.W. v. Department of Children & Family Services

863 So. 2d 480, 2004 Fla. App. LEXIS 419

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827499

Published

with a relative of the child.” § 39.810(1). Section 39.809(1) provides that “[ejach of [the elements required

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

855 So. 2d 719, 2003 Fla. App. LEXIS 15091, 2003 WL 22298828

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 64825568

Published

termination was proven by clear and convincing evidence. § 39.809(1), Fla. Stat. (2002); Myles v. Department of

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

848 So. 2d 1185, 2003 Fla. App. LEXIS 8266, 2003 WL 21458684

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823866

Published

required by section 39.806, Florida Statute. See § 39.809(1), Fla. Stat. (2002). To support the termination

Department of Children & Family Services v. L. McC.

820 So. 2d 1064, 2002 Fla. App. LEXIS 9620

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 64816329

Published

termination by clear and convincing evidence. § 39.809(1), Fla. Stat. (2000); In re S.S., 723 So.2d 344

P.G.B. v. Department of Children & Family Services

803 So. 2d 837, 2001 Fla. App. LEXIS 18503

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811401

Published

clear and convincing evidence'as required by section 39.809(1), Florida Statutes (1999). Accordingly, we

R.D.B. v. Department of Children & Family Services

803 So. 2d 833, 2001 Fla. App. LEXIS 18510

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811400

Published

clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we

J.R. v. Department of Children & Families

773 So. 2d 661, 2000 Fla. App. LEXIS 16835, 2000 WL 1867619

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 64802455

Published

PER CURIAM. Section 39.809(5), Florida Statutes (1999) requires a trial court to enter a written order

M.J.S. v. State

764 So. 2d 825, 2000 Fla. App. LEXIS 9437

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64799471

Published

required for terminating parental rights. See § 39.809(1), Fla. Stat. (1999). However, M.J.S.'s parental

Department of Children & Families v. K.D.

745 So. 2d 590, 1999 Fla. App. LEXIS 16934, 1999 WL 1206655

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 64792543

Published

court failed to comply with the requirements of section 39.809(5), Florida Statutes, which requires that “the