Florida Statute 39.815 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

F.S. 39.815

39.815 Appeal.—

(1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compensated as provided in s. 27.5304(6).

(2) An attorney for the department shall represent the state upon appeal. When a notice of appeal is filed in the circuit court, the clerk shall notify the attorney for the department, the attorney for the parent, the guardian ad litem, and the attorney ad litem for the child, if one is appointed.

(3) The taking of an appeal does not operate as a supersedeas in any case unless the court so orders. However, a termination of parental rights order with placement of the child with a licensed child-placing agency or the department for subsequent adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.

(4) The case on appeal must be docketed and any papers filed in the appellate court must be titled with the initials, but not the name, of the child and the court case number, and the papers must remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and may not be open to public inspection. The decision of the appellate court must be likewise titled and may refer to the child only by initials and court case number.

(5) The original order of the appellate court, with all papers filed in the case on appeal, must remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.

History.—s. 9, ch. 87-289; s. 22, ch. 90-306; s. 1, ch. 90-309; s. 15, ch. 92-170; s. 42, ch. 94-164; s. 97, ch. 98-403; s. 50, ch. 99-193; s. 59, ch. 2003-402; s. 22, ch. 2007-62; s. 28, ch. 2024-70.

Note.—Former s. 39.473.

F.S. 39.815 on Google Scholar

F.S. 39.815 on CourtListener

Amendments to 39.815

Annotations, Discussions, Cases:

Cases Citing Statute 39.815

Total Results: 17

Nsh v. Florida Dcfs

843 So. 2d 898

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1244220

Cited 20 times | Published

Anders-type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district

N.S.H. v. Florida Department of Children & Family Services

843 So. 2d 898, 28 Fla. L. Weekly Supp. 284, 2003 Fla. LEXIS 466

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 64822519

Cited 8 times | Published

Anders-type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district

CM v. Department of Children and Families

981 So. 2d 1272, 2008 WL 2116262

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 2560090

Cited 7 times | Published

they lack standing to bring this appeal, see § 39.815(1), Florida Statutes (2007), and we must grant

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

jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination

In Re RB

890 So. 2d 1288, 2005 WL 120499

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1291793

Cited 6 times | Published

legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting

Ek v. Department of Children and Family

948 So. 2d 54, 2007 Fla. App. LEXIS 183, 2007 WL 57571

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 1769649

Cited 4 times | Published

to the father, E.J.K. We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of

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

Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 9, 2020 | Docket: 16761646

Published

NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

In Re: Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146

213 So. 3d 803, 42 Fla. L. Weekly Supp. 357, 2017 WL 1090564, 2017 Fla. LEXIS 654

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620938

Published

county)-^., Florida. Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

In Re Amendments to the Florida Rules of Judicial Administration

24 So. 3d 47, 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128

Supreme Court of Florida | Filed: Nov 12, 2009 | Docket: 1648737

Published

in .(location). [[Image here]] NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

Rh v. Dept. of Children and Family Servs.

994 So. 2d 1153, 2008 WL 2811785

District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 1667075

Published

program has been appointed, and the child"). Section 39.815(1), Florida Statutes (2007), limits appeals

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

944 So. 2d 443, 2006 Fla. App. LEXIS 19297

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64848237

Published

of *447the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate

In Re PG

944 So. 2d 443, 2006 WL 3328394

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1649498

Published

*447 the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate

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

890 So. 2d 1288, 2005 Fla. App. LEXIS 354

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 64835426

Published

legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting

Department of Children & Family Services v. G.S.C.

812 So. 2d 509, 2002 Fla. App. LEXIS 3584

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 64813871

Published

Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that

In Re MAD

812 So. 2d 509, 2002 WL 429071

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1364127

Published

Rule of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that

In re Amendments to the Florida Rules of Juvenile Procedure

725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859

Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918

Published

., Florida. *356Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian