Florida Statute 39.1 - 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. 39.01

39.01 Definitions.—When used in this chapter, unless the context otherwise requires:

(1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes of this subsection, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child. A man’s acknowledgment of paternity of the child does not limit the period of time considered in determining whether the child was abandoned. The term does not include a surrendered infant as described in s. 383.50, a “child in need of services” as defined in chapter 984, or a “family in need of services” as defined in chapter 984. The absence of a parent, legal custodian, or caregiver responsible for a child’s welfare, who is a servicemember, by reason of deployment or anticipated deployment as defined in 50 U.S.C. s. 3938(e), may not be considered or used as a factor in determining abandonment. The incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment.

(2) “Abuse” means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes the birth of a new child into a family during the course of an open dependency case when the parent or caregiver has been determined to lack the protective capacity to safely care for the children in the home and has not substantially complied with the case plan towards successful reunification or met the conditions for return of the children into the home. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

(3) “Addictions receiving facility” means a substance abuse service provider as defined in chapter 397.

(4) “Adjudicatory hearing” means a hearing for the court to determine whether or not the facts support the allegations stated in the petition in dependency cases or in termination of parental rights cases.

(5) “Adoption” means the act of creating the legal relationship between parent and child where it did not exist, thereby declaring the child to be legally the child of the adoptive parents and their heir at law, and entitled to all the rights and privileges and subject to all the obligations of a child born to the adoptive parents in lawful wedlock.

(6) “Adult” means any natural person other than a child.

(7) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding.

(8) “Attorney ad litem” means an attorney appointed by the court to represent a child in a dependency case who has an attorney-client relationship with the child under the rules regulating The Florida Bar.

(9) “Authorized agent” or “designee” of the department means an employee, volunteer, or other person or agency determined by the state to be eligible for state-funded risk management coverage, which is assigned or designated by the department to perform duties or exercise powers under this chapter.

(10) “Caregiver” means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child’s welfare as defined in subsection (57).

(11) “Case plan” means a document, as described in s. 39.6011, prepared by the department with input from all parties. The case plan follows the child from the provision of voluntary services through any dependency, foster care, or termination of parental rights proceeding or related activity or process.

(12) “Child” or “youth” means any unmarried person under the age of 18 years who has not been emancipated by order of the court.

(13) “Child Protection Team” means a team of professionals established by the Department of Health to receive referrals from the protective investigators and protective supervision staff of the department and to provide specialized and supportive services to the program in processing child abuse, abandonment, or neglect cases. A Child Protection Team shall provide consultation to other programs of the department and other persons regarding child abuse, abandonment, or neglect cases.

(14) “Child who has exhibited inappropriate sexual behavior” means a child who has been found by the department or the court to have committed an inappropriate sexual act.

(15) “Child who is found to be dependent” means a child who, pursuant to this chapter, is found by the court:

(a) To have been abandoned, abused, or neglected by the child’s parent or parents or legal custodians;

(b) To have been surrendered to the department, the former Department of Health and Rehabilitative Services, or a licensed child-placing agency for purpose of adoption;

(c) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department, or the former Department of Health and Rehabilitative Services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan;

(d) To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure;

(e) To have no parent or legal custodians capable of providing supervision and care;

(f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians; or

(g) To have been sexually exploited and to have no parent, legal custodian, or responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care.

(16) “Child support” means a court-ordered obligation, enforced under chapter 61 and ss. 409.2551-409.2597, for monetary support for the care, maintenance, training, and education of a child.

(17) “Circuit” means any of the 20 judicial circuits as set forth in s. 26.021.

(18) “Comprehensive assessment” or “assessment” means the gathering of information for the evaluation of a child’s and caregiver’s physical, psychiatric, psychological, or mental health; developmental delays or challenges; and educational, vocational, and social condition and family environment as they relate to the child’s and caregiver’s need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate.

(19) “Concurrent planning” means establishing a permanency goal in a case plan that uses reasonable efforts to reunify the child with the parent, while at the same time establishing another goal that must be one of the following options:

(a) Adoption when a petition for termination of parental rights has been filed or will be filed;

(b) Permanent guardianship of a dependent child under s. 39.6221;

(d) Placement in another planned permanent living arrangement under s. 39.6241.

(20) “Court,” unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter.

(21) “Department” means the Department of Children and Families.

(22) “Diligent efforts by a parent” means a course of conduct which results in a meaningful change in the behavior of a parent that reduces risk to the child in the child’s home to the extent that the child may be safely placed permanently back in the home as set forth in the case plan.

(23) “Diligent efforts of social service agency” means reasonable efforts to provide social services or reunification services made by any social service agency that is a party to a case plan.

(24) “Diligent search” means the efforts of a social service agency to locate a parent or prospective parent whose identity or location is unknown, initiated as soon as the social service agency is made aware of the existence of such parent, with the search progress reported at each court hearing until the parent is either identified and located or the court excuses further search.

(25) “Disposition hearing” means a hearing in which the court determines the most appropriate protections, services, and placement for the child in dependency cases.

(26) “Expedited termination of parental rights” means proceedings wherein a case plan with the goal of reunification is not being offered.

(27) “False report” means a report of abuse, neglect, or abandonment of a child to the central abuse hotline, which report is maliciously made for the purpose of:

(a) Harassing, embarrassing, or harming another person;

(b) Personal financial gain for the reporting person;

(d) Personal benefit for the reporting person in any other private dispute involving a child.

The term “false report” does not include a report of abuse, neglect, or abandonment of a child made in good faith to the central abuse hotline.

(28) “Family” means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:

(a) The persons reside in the same house or living unit; or

(b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child.

(29) “Fictive kin” means a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.

(30) “Foster care” means care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof.

(31) “Guardian” means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding brought pursuant to this chapter.

(32) “Guardian ad litem” means a person or an entity that is a fiduciary appointed by the court to represent a child in any civil, criminal, or administrative proceeding to which the child is a party, including, but not limited to, under this chapter, which uses a best interest standard for decisionmaking and advocacy. For purposes of this chapter, the term includes, but is not limited to, the Statewide Guardian ad Litem Office, which includes all circuit guardian ad litem offices and the duly certified volunteers, staff, and attorneys assigned by the Statewide Guardian ad Litem Office to represent children; a court-appointed attorney; or a responsible adult who is appointed by the court. A guardian ad litem is a party to the judicial proceeding as a representative of the child and serves until the jurisdiction of the court over the child terminates or until excused by the court.

(33) “Guardian advocate” means a person appointed by the court to act on behalf of a drug-dependent newborn under part XI of this chapter.

(34) “Guardianship assistance payment” means a monthly cash payment made by the department to a guardian on behalf of an eligible child or young adult.

(35) “Guardianship Assistance Program” means a program that provides benefits to a child’s guardian on behalf of the child. Benefits may be in the form of a guardianship assistance payment, a guardianship nonrecurring payment, or Medicaid coverage.

(36) “Guardianship nonrecurring payment” means a one-time payment of up to $2,000 made by the department to a guardian to assist with the expenses associated with obtaining legal guardianship of a child who is eligible for the Guardianship Assistance Program pursuant to s. 39.6225.

(37) “Harm” to a child’s health or welfare can occur when any person:

(a) Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. In determining whether harm has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child: the age of the child; any prior history of injuries to the child; the location of the injury on the body of the child; the multiplicity of the injury; and the type of trauma inflicted. Such injury includes, but is not limited to:

1. Willful acts that produce the following specific injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.

d. Intracranial hemorrhage or injury to other internal organs.

e. Asphyxiation, suffocation, or drowning.

f. Injury resulting from the use of a deadly weapon.

g. Burns or scalding.

h. Cuts, lacerations, punctures, or bites.

i. Permanent or temporary disfigurement.

j. Permanent or temporary loss or impairment of a body part or function.

As used in this subparagraph, the term “willful” refers to the intent to perform an action, not to the intent to achieve a result or to cause an injury.

2. Purposely giving a child poison, alcohol, drugs, or other substances that substantially affect the child’s behavior, motor coordination, or judgment or that result in sickness or internal injury. For the purposes of this subparagraph, the term “drugs” means prescription drugs not prescribed for the child or not administered as prescribed, and controlled substances as outlined in Schedule I or Schedule II of s. 893.03.

3. Leaving a child without adult supervision or arrangement appropriate for the child’s age or mental or physical condition, so that the child is unable to care for the child’s own needs, is subjected to obvious danger of which the child’s caregiver knew or should have known, or is unable to exercise reasonable judgment to avoid serious harm to himself or others in responding to any kind of physical or emotional crisis. This subparagraph may not be construed to restrict a caregiver from allowing a child of sufficient maturity and physical condition from engaging in independent unsupervised activities, including, but not limited to, traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home or any other location for a reasonable period of time, unless allowing such activities constitutes conduct that is so reckless as to endanger the health or safety of the child.

4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury as defined in this section, or emotional injury. The significance of any injury must be evaluated in light of the following factors: the age of the child; any prior history of injuries to the child; the location of the injury on the body of the child; the multiplicity of the injury; and the type of trauma inflicted. Corporal discipline may be considered excessive or abusive when it results in any of the following or other similar injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.

d. Intracranial hemorrhage or injury to other internal organs.

e. Asphyxiation, suffocation, or drowning.

f. Injury resulting from the use of a deadly weapon.

g. Burns or scalding.

h. Cuts, lacerations, punctures, or bites.

i. Permanent or temporary disfigurement.

j. Permanent or temporary loss or impairment of a body part or function.

k. Significant bruises or welts.

(b) Commits, or allows to be committed, sexual battery, as defined in chapter 794, or lewd or lascivious acts, as defined in chapter 800, against the child.

(c) Allows, encourages, or forces the sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to:

1. Solicit for or engage in prostitution; or

2. Engage in a sexual performance, as defined by chapter 827.

(d) Exploits a child, or allows a child to be exploited, as provided in s. 450.151.

(e) Abandons the child. Within the context of the definition of “harm,” the term “abandoned the child” or “abandonment of the child” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. For purposes of this paragraph, “establish or maintain a substantial and positive relationship” includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child. The term “abandoned” does not include a surrendered infant as described in s. 383.50, a child in need of services as defined in chapter 984, or a family in need of services as defined in chapter 984. The incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment.

(f) Neglects the child. Within the context of the definition of “harm,” the term “neglects the child” means that the parent or other person responsible for the child’s welfare fails to supply the child with adequate food, clothing, shelter, or health care, although financially able to do so or although offered financial or other means to do so; however, the term does not include a caregiver allowing a child to engage in independent and unsupervised activities unless allowing such activities constitutes reckless conduct that endangers the health or safety of the child. Such independent and unsupervised activities include, but are not limited to, traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home or any other location for a reasonable period of time. A parent or legal custodian who, by reason of the legitimate practice of religious beliefs, does not provide specified medical treatment for a child may not be considered abusive or neglectful for that reason alone, but such an exception does not:

1. Eliminate the requirement that such a case be reported to the department;

2. Prevent the department from investigating such a case; or

3. Preclude a court from ordering, when the health of the child requires it, the provision of medical services by a physician, as defined in this section, or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious organization.

(g) Exposes a child to a controlled substance or alcohol. Exposure to a controlled substance or alcohol is established by:

1. A test, administered at birth, which indicated that the child’s blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant; or

2. Evidence of extensive, abusive, and chronic use of a controlled substance or alcohol by a parent to the extent that the parent’s ability to provide supervision and care for the child has been or is likely to be severely compromised.

As used in this paragraph, the term “controlled substance” means prescription drugs not prescribed for the parent or not administered as prescribed and controlled substances as outlined in Schedule I or Schedule II of s. 893.03.

(h) Uses mechanical devices, unreasonable restraints, or extended periods of isolation to control a child.

(i) Engages in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child.

(j) Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another.

(k) Has allowed a child’s sibling to die as a result of abuse, abandonment, or neglect.

(l) Makes the child unavailable for the purpose of impeding or avoiding a protective investigation unless the court determines that the parent, legal custodian, or caregiver was fleeing from a situation involving domestic violence.

(38) “Impending danger” means a situation in which family behaviors, attitudes, motives, emotions, or situations pose a threat that may not be currently active but that can be anticipated to become active and to have severe effects on a child at any time.

(39) “Institutional child abuse or neglect” means situations of known or suspected child abuse or neglect in which the person allegedly perpetrating the child abuse or neglect is an employee of a public or private school, public or private day care center, residential home, institution, facility, or agency or any other person at such institution responsible for the child’s welfare as defined in subsection (57).

(40) “Judge” means the circuit judge exercising jurisdiction pursuant to this chapter.

(41) “Juvenile sexual abuse” means any sexual behavior by a child which occurs without consent, without equality, or as a result of coercion. For purposes of this subsection, the following definitions apply:

(a) “Coercion” means the exploitation of authority or the use of bribes, threats of force, or intimidation to gain cooperation or compliance.

(b) “Consent” means an agreement, including all of the following:

1. Understanding what is proposed based on age, maturity, developmental level, functioning, and experience.

2. Knowledge of societal standards for what is being proposed.

3. Awareness of potential consequences and alternatives.

4. Assumption that agreement or disagreement will be accepted equally.

5. Voluntary decision.

6. Mental competence.

(c) “Equality” means two participants operating with the same level of power in a relationship, neither being controlled nor coerced by the other.

Juvenile sexual behavior ranges from noncontact sexual behavior such as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital penetration, rape, fellatio, sodomy, and various other sexually aggressive acts.

(42) “Legal custody” means a legal status created by a court which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care.

(43) “Legal father” means a man married to the mother at the time of conception or birth of their child, unless paternity has been otherwise determined by a court of competent jurisdiction. If the mother was not married to a man at the time of birth or conception of the child, the term means a man named on the birth certificate of the child pursuant to s. 382.013(2), a man determined by a court order to be the father of the child, or a man determined to be the father of the child by the Department of Revenue as provided in s. 409.256.

(44) “Licensed child-caring agency” means a person, society, association, or agency licensed by the department to care for, receive, and board children.

(45) “Licensed child-placing agency” means a person, society, association, or institution licensed by the department to care for, receive, or board children and to place children in a licensed child-caring institution or a foster or adoptive home.

(46) “Licensed health care professional” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of chapter 464, a physician assistant licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466.

(47) “Likely to injure oneself” means that, as evidenced by violent or other actively self-destructive behavior, it is more likely than not that within a 24-hour period the child will attempt to commit suicide or inflict serious bodily harm on himself or herself.

(48) “Likely to injure others” means that it is more likely than not that within a 24-hour period the child will inflict serious and unjustified bodily harm on another person.

(49) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

(50) “Medical neglect” means the failure to provide or the failure to allow needed care as recommended by a health care practitioner for a physical injury, illness, medical condition, or impairment, or the failure to seek timely and appropriate medical care for a serious health problem that a reasonable person would have recognized as requiring professional medical attention. Medical neglect does not occur if the parent or legal guardian of the child has made reasonable attempts to obtain necessary health care services or the immediate health condition giving rise to the allegation of neglect is a known and expected complication of the child’s diagnosis or treatment and:

(a) The recommended care offers limited net benefit to the child and the morbidity or other side effects of the treatment may be considered to be greater than the anticipated benefit; or

(b) The parent or legal guardian received conflicting medical recommendations for treatment from multiple practitioners and did not follow all recommendations.

(51) “Mental injury” means an injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior.

(52) “Necessary medical treatment” means care which is necessary within a reasonable degree of medical certainty to prevent the deterioration of a child’s condition or to alleviate immediate pain of a child.

(53) “Neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:

(a) Medical services from a licensed physician, dentist, optometrist, podiatric physician, or other qualified health care provider; or

(b) Treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious organization.

Neglect of a child includes acts or omissions.

(54) “Next of kin” means an adult relative of a child who is the child’s brother, sister, grandparent, aunt, uncle, or first cousin.

(55) “Nonrelative” means a person unrelated by blood or marriage or a relative outside the fifth degree of consanguinity.

(56) “Office” means the Office of Adoption and Child Protection within the Executive Office of the Governor.

(57) “Other person responsible for a child’s welfare” includes the child’s legal guardian or foster parent; an employee of any school, public or private child day care center, residential home, institution, facility, or agency; a law enforcement officer employed in any facility, service, or program for children that is operated or contracted by the Department of Juvenile Justice; or any other person legally responsible for the child’s welfare in a residential setting; and also includes an adult sitter or relative entrusted with a child’s care. For the purpose of departmental investigative jurisdiction, this definition does not include the following persons when they are acting in an official capacity: law enforcement officers, except as otherwise provided in this subsection; employees of municipal or county detention facilities; or employees of the Department of Corrections.

(58) “Out-of-home” means a placement outside of the home of the parents or a parent.

(59) “Parent” means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). The term “parent” also means legal father as defined in this section. If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. For purposes of this chapter only, when the phrase “parent or legal custodian” is used, it refers to rights or responsibilities of the parent and, only if there is no living parent with intact parental rights, to the rights or responsibilities of the legal custodian who has assumed the role of the parent. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless:

(a) The parental status falls within the terms of s. 39.503(1) or s. 63.062(1); or

(b) Parental status is applied for the purpose of determining whether the child has been abandoned.

(60) “Participant,” for purposes of a shelter proceeding, dependency proceeding, or termination of parental rights proceeding, means any person who is not a party but who should receive notice of hearings involving the child, including the actual custodian of the child, the foster parents or the legal custodian of the child, identified prospective parents, and any other person whose participation may be in the best interest of the child. A community-based agency under contract with the department to provide protective services may be designated as a participant at the discretion of the court. Participants may be granted leave by the court to be heard without the necessity of filing a motion to intervene.

(61) “Party” means the parent or parents of the child, the petitioner, the department, the guardian ad litem, and the child. The presence of the child may be excused by order of the court when presence would not be in the child’s best interest. Notice to the child may be excused by order of the court when the age, capacity, or other condition of the child is such that the notice would be meaningless or detrimental to the child.

(62) “Permanency goal” means the living arrangement identified for the child to return to or identified as the permanent living arrangement of the child. The permanency goal is also the case plan goal. If concurrent case planning is being used, reunification may be pursued at the same time that another permanency goal is pursued.

(63) “Permanency plan” means the plan that establishes the placement intended to serve as the child’s permanent home.

(64) “Permanent guardian” means the relative or other adult in a permanent guardianship of a dependent child under s. 39.6221.

(65) “Permanent guardianship of a dependent child” means a legal relationship that a court creates under s. 39.6221 between a child and a relative or other adult approved by the court which is intended to be permanent and self-sustaining through the transfer of parental rights with respect to the child relating to protection, education, care and control of the person, custody of the person, and decisionmaking on behalf of the child.

(66) “Physical injury” means death, permanent or temporary disfigurement, or impairment of any bodily part.

(67) “Physician” means any licensed physician, dentist, podiatric physician, or optometrist and includes any intern or resident.

(68) “Preliminary screening” means the gathering of preliminary information to be used in determining a child’s need for further evaluation or assessment or for referral for other substance abuse services through means such as psychosocial interviews; urine and breathalyzer screenings; and reviews of available educational, delinquency, and dependency records of the child.

(69) “Present danger” means a significant and clearly observable family condition that is occurring at the current moment and is already endangering or threatening to endanger the child. Present danger threats are conspicuous and require that an immediate protective action be taken to ensure the child’s safety.

(70) “Preventive services” means social services and other supportive and rehabilitative services provided to the parent or legal custodian of the child and to the child for the purpose of averting the removal of the child from the home or disruption of a family which will or could result in the placement of a child in foster care. Social services and other supportive and rehabilitative services shall promote the child’s developmental needs and need for physical, mental, and emotional health and a safe, stable, living environment; shall promote family autonomy; and shall strengthen family life, whenever possible.

(71) “Prospective parent” means a person who claims to be, or has been identified as, a person who may be a mother or a father of a child.

(72) “Protective investigation” means the acceptance of a report alleging child abuse, abandonment, or neglect, as defined in this chapter, by the central abuse hotline or the acceptance of a report of other dependency by the department; the investigation of each report; the determination of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate.

(73) “Protective investigator” means an authorized agent of the department who receives and investigates reports of child abuse, abandonment, or neglect; who, as a result of the investigation, may recommend that a dependency petition be filed for the child; and who performs other duties necessary to carry out the required actions of the protective investigation function.

(74) “Protective supervision” means a legal status in dependency cases which permits the child to remain safely in his or her own home or other nonlicensed placement under the supervision of an agent of the department and which must be reviewed by the court during the period of supervision.

(75) “Qualified professional” means a physician or a physician assistant licensed under chapter 458 or chapter 459; a psychiatrist licensed under chapter 458 or chapter 459; a psychologist as defined in s. 490.003(7) or a professional licensed under chapter 491; or a psychiatric nurse as defined in s. 394.455.

(76) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.

(77) “Reunification services” means social services and other supportive and rehabilitative services provided to the parent of the child, to the child, and, where appropriate, to the relative placement, nonrelative placement, or foster parents of the child, for the purpose of enabling a child who has been placed in out-of-home care to safely return to his or her parent at the earliest possible time. The health and safety of the child shall be the paramount goal of social services and other supportive and rehabilitative services. The services shall promote the child’s need for physical, developmental, mental, and emotional health and a safe, stable, living environment; shall promote family autonomy; and shall strengthen family life, whenever possible.

(78) “Safety plan” means a plan created to control present or impending danger using the least intrusive means appropriate to protect a child when a parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so.

(79) “Secretary” means the Secretary of Children and Families.

(80) “Sexual abuse of a child” for purposes of finding a child to be dependent means one or more of the following acts:

(a) Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.

(b) Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.

(c) Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose.

(d) The intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the child or the perpetrator, except that this does not include:

1. Any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for a child; or

2. Any act intended for a valid medical purpose.

(e) The intentional masturbation of the perpetrator’s genitals in the presence of a child.

(f) The intentional exposure of the perpetrator’s genitals in the presence of a child, or any other sexual act intentionally perpetrated in the presence of a child, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose.

(g) The sexual exploitation of a child, which includes the act of a child offering to engage in or engaging in prostitution, or the act of allowing, encouraging, or forcing a child to:

1. Solicit for or engage in prostitution;

2. Engage in a sexual performance, as defined by chapter 827; or

3. Participate in the trade of human trafficking as provided in s. 787.06(3)(g).

(81) “Shelter” means a placement with a relative or a nonrelative, or in a licensed home or facility, for the temporary care of a child who is alleged to be or who has been found to be dependent, pending court disposition before or after adjudication.

(82) “Shelter hearing” means a hearing in which the court determines whether probable cause exists to keep a child in shelter status pending further investigation of the case.

(83) “Sibling” means:

(a) A child who shares a birth parent or legal parent with one or more other children; or

(b) A child who has lived together in a family with one or more other children whom he or she identifies as siblings.

(84) “Social service agency” means the department, a licensed child-caring agency, or a licensed child-placing agency.

(85) “Social worker” means any person who has a bachelor’s, master’s, or doctoral degree in social work.

(86) “Substance abuse” means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior.

(87) “Substantial compliance” means that the circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or being returned to the child’s parent.

(88) “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release or placement.

(89) “Temporary legal custody” means the relationship that a court creates between a child and an adult relative of the child, legal custodian, agency, or other person approved by the court until a more permanent arrangement is ordered. Temporary legal custody confers upon the custodian the right to have temporary physical custody of the child and the right and duty to protect, nurture, guide, and discipline the child and to provide the child with food, shelter, and education, and ordinary medical, dental, psychiatric, and psychological care, unless these rights and duties are otherwise enlarged or limited by the court order establishing the temporary legal custody relationship.

(90) “Victim” means any child who has sustained or is threatened with physical, mental, or emotional injury identified in a report involving child abuse, neglect, or abandonment, or child-on-child sexual abuse.

(91) “Visitor” means a person who:

(a) Provides care or supervision to a child in the home; or

(b) Is 12 years of age or older, other than a child in care, and who will be in the child’s home at least:

1. Five consecutive days; or

2. Seven days or more in 1 month.

History.—s. 1, ch. 26880, 1951; ss. 1, 2, ch. 67-585; s. 3, ch. 69-353; s. 4, ch. 69-365; ss. 19, 35, ch. 69-106; s. 1, ch. 71-117; s. 1, ch. 71-130; s. 10, ch. 71-355; ss. 4, 5, ch. 72-179; ss. 19, 30, ch. 72-404; ss. 2, 23, ch. 73-231; s. 1, ch. 74-368; ss. 15, 27, 28, ch. 75-48; s. 4, ch. 77-147; s. 2, ch. 78-414; s. 9, ch. 79-164; s. 2, ch. 79-203; s. 1, ch. 80-290; ss. 1, 17, ch. 81-218; ss. 4, 15, ch. 84-311; s. 4, ch. 85-80; s. 2, ch. 85-206; ss. 73, 78, ch. 86-220; s. 1, ch. 87-133; s. 1, ch. 87-289; s. 12, ch. 87-397; s. 1, ch. 88-319; s. 10, ch. 88-337; s. 2, ch. 90-53; s. 3, ch. 90-208; s. 3, ch. 90-306; s. 2, ch. 90-309; s. 69, ch. 91-45; s. 1, ch. 91-183; s. 1, ch. 92-158; s. 1, ch. 92-170; ss. 1, 4(1st), 14, ch. 92-287; s. 13, ch. 93-39; s. 6, ch. 93-230; s. 1, ch. 94-164; s. 11, ch. 94-209; s. 50, ch. 94-232; s. 1333, ch. 95-147; s. 8, ch. 95-152; s. 1, ch. 95-212; s. 4, ch. 95-228; s. 1, ch. 95-266; ss. 3, 43, ch. 95-267; s. 3, ch. 96-369; s. 2, ch. 96-398; s. 20, ch. 96-402; s. 23, ch. 97-96; s. 158, ch. 97-101; s. 44, ch. 97-190; s. 4, ch. 97-234; s. 111, ch. 97-238; s. 1, ch. 97-276; s. 1, ch. 98-49; s. 176, ch. 98-166; s. 7, ch. 98-280; s. 20, ch. 98-403; s. 15, ch. 99-2; s. 3, ch. 99-168; s. 2, ch. 99-186; s. 4, ch. 99-193; s. 15, ch. 2000-139; s. 2, ch. 2000-188; s. 82, ch. 2000-318; s. 9, ch. 2000-320; s. 14, ch. 2002-1; s. 2, ch. 2006-62; s. 1, ch. 2006-86; s. 4, ch. 2006-194; s. 4, ch. 2007-124; s. 1, ch. 2008-90; s. 1, ch. 2008-154; s. 1, ch. 2008-245; s. 1, ch. 2009-21; s. 3, ch. 2012-105; s. 1, ch. 2012-178; s. 11, ch. 2014-19; s. 14, ch. 2014-160; s. 3, ch. 2014-224; s. 2, ch. 2015-34; s. 1, ch. 2016-24; s. 1, ch. 2016-71; s. 11, ch. 2016-105; s. 2, ch. 2016-241; s. 2, ch. 2017-151; s. 1, ch. 2018-103; s. 11, ch. 2019-3; s. 1, ch. 2019-142; s. 1, ch. 2020-65; s. 3, ch. 2021-51; s. 5, ch. 2024-70; s. 1, ch. 2024-177; s. 2, ch. 2024-213; s. 1, ch. 2025-167.

F.S. 39.01 on Google Scholar

F.S. 39.01 on CourtListener

Amendments to 39.01

Annotations, Discussions, Cases:

Cases Citing Statute 39.01

Total Results: 874

Foster Children v. Jeb Bush, Kathleen Kearney, Chuck Bates, Robert Williams, Ester Tibbs

329 F.3d 1255, 2003 U.S. App. LEXIS 8745, 2003 WL 21027240

Court of Appeals for the Eleventh Circuit | Filed: May 8, 2003 | Docket: 397653

Cited 289 times | Published

or related activity or process.” Id. § 39.01(11). It must include, among other items, a description

Heart of Adoptions, Inc. v. JA

963 So. 2d 189, 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2371655

Cited 134 times | Published

the child would be required under s. 63.062(1)." § 39.01(49), Fla. Stat. (2005).[4] Further, HOA served

In Re RJC

300 So. 2d 54

District Court of Appeal of Florida | Filed: Apr 9, 1974 | Docket: 1729346

Cited 117 times | Published

73-231, Section 2, Laws of Florida, which amends § 39.01(10), Florida Statutes, defines a "dependent child"

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

effect at the time of the alleged offense. See F.S. 39.01. 14. Page 216 provides an instruction on bookmaking

Dykes v. Hosemann

776 F.2d 942, 54 U.S.L.W. 2297

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1985 | Docket: 66211801

Cited 106 times | Published

attendance, is habitually truant from school. Fla.Stat. § 39.01(8) (1977). In 1978, the Florida State Legislature

In re the Interest of R. J. C.

300 So. 2d 54, 1974 Fla. App. LEXIS 8660

District Court of Appeal of Florida | Filed: Apr 9, 1974 | Docket: 64541114

Cited 104 times | Published

73-231, Section 2, Laws of Florida, which amends § 39.01(10), Florida Statutes, defines a “dependent child”

In Re Adoption of Baby EAW

658 So. 2d 961, 1995 WL 424169

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 439113

Cited 83 times | Published

definition of abandonment. The Court looked to section 39.01(1), Florida Statutes (1985), which defined abandonment

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

time of the alleged offense. See F.S. 39.01. Explanation of amendments: The instruction

In Re MF

770 So. 2d 1189

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1779211

Cited 73 times | Published

well-being of all children under the state's care. § 39.001, Fla. Stat. (1997). Coextensive with this purpose

Department Hrs v. Bjm

656 So. 2d 906, 1995 WL 242401

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1283687

Cited 64 times | Published

the child and the best interests of the state." § 39.001(2)(d), Fla. Stat. (1991).[9] Id. (emphasis added)

Omar Ex Rel. Cannon v. Lindsey

334 F.3d 1246, 2003 U.S. App. LEXIS 12976, 2003 WL 21480389

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 2003 | Docket: 1190749

Cited 58 times | Published

statutory definition of abuse. See Fla. Stat. Ann. § 39.01.

State v. Saunders

339 So. 2d 641

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 2517076

Cited 56 times | Published

as "a child who commits a violation of law." Section 39.01(12), Florida Statutes (1975). [5] The first

EAR v. State

4 So. 3d 614, 2009 WL 217979

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1666810

Cited 55 times | Published

1, at 1087, Laws of Fla. (emphasis supplied); § 39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied);

Kingsley v. Kingsley

623 So. 2d 780, 1993 WL 315988

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 2452600

Cited 46 times | Published

v. Hooper, 509 So.2d 289, 290 (Fla. 1987). Section 39.01(1), Florida Statutes (Supp. 1992), defines abandonment

Cauley v. City of Jacksonville

403 So. 2d 379

Supreme Court of Florida | Filed: Jul 16, 1981 | Docket: 1250787

Cited 46 times | Published

total of $500,000 per incident); N.D. Cent. Code § 39-01-08 (1980) (immunity waived to extent of governmental

BH v. State

645 So. 2d 987, 1994 WL 656614

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 446211

Cited 44 times | Published

that there shall be no more than eight levels. § 39.01(61), Fla. Stat. (Supp. 1990). In D.P., the First

MW v. Davis

756 So. 2d 90, 2000 WL 551038

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 471298

Cited 41 times | Published

obtain "ordinary" medical treatment pursuant to section 39.01(70), Florida Statutes (Supp.1998), but that

By v. Department of Children and Families

887 So. 2d 1253, 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466585

Cited 38 times | Published

well-being of all children under the state's care." § 39.001(1)(a), Fla. Stat. (2002). The department's role

DuFresne v. State

826 So. 2d 272, 2002 WL 2020158

Supreme Court of Florida | Filed: Sep 5, 2002 | Docket: 1197660

Cited 37 times | Published

unconstitutionally vague since the term is defined in section 39.01(44), Florida Statutes (Supp.1998). See id. at

DuFresne v. State

826 So. 2d 272, 2002 WL 2020158

Supreme Court of Florida | Filed: Sep 5, 2002 | Docket: 1197660

Cited 37 times | Published

unconstitutionally vague since the term is defined in section 39.01(44), Florida Statutes (Supp.1998). See id. at

In Interest of JLP

416 So. 2d 1250, 1982 Fla. App. LEXIS 21093

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1225353

Cited 37 times | Published

him. We disagree. We also think abuse under section 39.01(2), Florida Statutes (Supp. 1980),[1] may be

Jb v. Fla. Dept. of Children and Fam. Services

768 So. 2d 1060, 2000 WL 1424659

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 526759

Cited 36 times | Published

their constitutional and other legal rights." § 39.001, Fla. Stat. (1995). Pursuant to chapter 39, parental

State v. MG

550 So. 2d 1122, 1989 WL 21573

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 1052021

Cited 35 times | Published

is rehabilitation rather than retribution. See § 39.001(2), Fla. Stat. (1985). The Act's procedures expedite

E.A.R. v. State

4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 60295083

Cited 34 times | Published

1, at 1087, Laws of Fla. (emphasis supplied); § 39.001(4), Fla. Stat. (Supp.1990) (emphasis supplied);

State v. Contreras

979 So. 2d 896, 2008 WL 657867

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383

Cited 34 times | Published

providing expert testimony in court. Further, section 39.01(13), Florida Statutes (2007), created CPTs for

State v. JP

907 So. 2d 1101, 2004 WL 3404162

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 459350

Cited 34 times | Published

See, e.g., § 39.001(3), Fla. Stat. (2002) (outlining general protections for children); § 39.01, Fla. Stat

In Re CWW

788 So. 2d 1020, 2001 WL 228089

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1286380

Cited 34 times | Published

Mother had harmed the child as a matter of law. § 39.01(30)(g), Fla.Stat. (1999) (defining "harm" as including

Matter of Adoption of Doe

543 So. 2d 741, 1989 WL 36465

Supreme Court of Florida | Filed: Apr 13, 1989 | Docket: 1420866

Cited 33 times | Published

to provide for and communicate with the child. § 39.01(1), Fla. Stat. The natural father here filed an

Department of Children and Families v. BB

824 So. 2d 1000, 2002 WL 1989257

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1435388

Cited 31 times | Published

by the parent or parents or legal custodians." § 39.01(14)(f), Fla. Stat. (1999); M.F.; Denson. A similar

Dh v. Department of Children and Fam.

769 So. 2d 424, 2000 Fla. App. LEXIS 11699

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1739130

Cited 31 times | Published

or parents, legal custodians, or caregivers." § 39.01(14)(a), Fla. Stat. (Supp.1998). A child may also

Harlin Phillip Seritt, Jr. v. State of Alabama

731 F.2d 728, 1984 U.S. App. LEXIS 22902

Court of Appeals for the Eleventh Circuit | Filed: May 3, 1984 | Docket: 1236256

Cited 30 times | Published

habitual felony offenders’ law. Tenn.Code Ann. § 39-1-801 (1982). Under the Tennessee statute, like the

Bell v. State

289 So. 2d 388

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 1321853

Cited 30 times | Published

seventeen. Since delinquent child is described by Section 39.01 to be one under seventeen years of age, the

SB v. Department of Children and Families

851 So. 2d 689, 28 Fla. L. Weekly Supp. 531, 2003 Fla. LEXIS 1154, 2003 WL 21543565

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1313066

Cited 29 times | Published

and direct manner. See § 39.001(1)(b)1., Fla. Stat. (2001); see also § 39.001(1)(b)3., Fla. Stat. (2001)

In Interest of BW

498 So. 2d 946, 11 Fla. L. Weekly 649

Supreme Court of Florida | Filed: Dec 18, 1986 | Docket: 1335820

Cited 28 times | Published

abandoned, abused, or neglected the child. Section 39.01(1), Florida Statutes (1983) defines abandonment

Bc v. Department of Child. and Families

846 So. 2d 1273, 2003 WL 21348582

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1709829

Cited 27 times | Published

abandonment, or neglect by the parent or parents." § 39.01(14)(a), (f), Fla. Stat. (2002). "Abuse" is defined

In Interest of DJS

563 So. 2d 655, 1990 WL 50408

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1682893

Cited 27 times | Published

unreasonable as a matter of law. CHILD ABUSE Section 39.01(2), Florida Statutes,[14] defines child abuse

Hernandez v. State

946 So. 2d 1270, 2007 WL 188417

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1770987

Cited 26 times | Published

processing child abuse, abandonment, or neglect cases." § 39.01(13), Fla. Stat. (2004) (emphasis added). In accordance

Palmer v. DEPT. OF HEALTH & REHAB. SERV.

547 So. 2d 981, 1989 WL 85716

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 1474524

Cited 26 times | Published

court relied upon the definition of "abuse" in section 39.01(2), Fla. Stat. (1981), which contains a future

Potvin v. Keller

313 So. 2d 703

Supreme Court of Florida | Filed: Apr 30, 1975 | Docket: 201639

Cited 26 times | Published

adjudicated a "dependent child" within the meaning of section 39.01(10), Fla. Stat. Appellants were both present

Dhrs v. Mb

701 So. 2d 1155

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 1470459

Cited 24 times | Published

testimony has been raised in this case. [3] Section 39.01(10), Florida Statutes (1993), defines "Child

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

primary purpose of chapter 39, as expressed in section 39.001(1), the provision also reflects the Legislature's

Johnson v. State

371 So. 2d 556

District Court of Appeal of Florida | Filed: May 30, 1979 | Docket: 1786690

Cited 23 times | Published

meaning of Chapter 39, a "child" is defined in Section 39.01(4), Florida Statutes (1977), as "any married

STATE, DEPT. OF HEALTH & REHAB. SERVS. v. Brooke

573 So. 2d 363

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 479226

Cited 22 times | Published

1975), this court addressed the intent behind section 39.01(9), Florida Statutes (Supp. 1974), which contains

Doerr v. State

383 So. 2d 905

Supreme Court of Florida | Filed: May 8, 1980 | Docket: 457478

Cited 22 times | Published

with the district court's following rationale: Section 39.01(3) defines "taken into custody" to mean "the

Johnson v. State

314 So. 2d 573

Supreme Court of Florida | Filed: Jun 11, 1975 | Docket: 1420262

Cited 22 times | Published

the department. [6] F.S.A., Section 39.01(6). [7] F.S.A., Section 39.01(12). [8] F.S.A., Section 39

As v. State

667 So. 2d 994, 1996 WL 60824

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 396140

Cited 21 times | Published

Statutes (1993) (amended and renumbered 1994, see § 39.01(59), Fla.Stat. (1995)) defines "restrictiveness

Nussbaumer v. State

882 So. 2d 1067, 2004 WL 1905897

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1289609

Cited 20 times | Published

emotional health to be significantly impaired." § 39.01(2). "Child" is defined as "any unmarried person

J.E. v. Department of Children & Families

126 So. 3d 424, 2013 WL 5989154, 2013 Fla. App. LEXIS 18021

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236442

Cited 19 times | Published

substantial and positive relationship with a child.” § 39.01(1), Fla. Stat. (2012). Although the father has

In Re TH

979 So. 2d 1075, 2008 WL 900344

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 322836

Cited 19 times | Published

child, as that term is defined in section 39.01(1). Section 39.01(1) defines "abandoned" as a situation

Raford v. State

828 So. 2d 1012, 2002 WL 31119112

Supreme Court of Florida | Filed: Sep 26, 2002 | Docket: 1523225

Cited 18 times | Published

Laws of Fla. The definition of "abuse" in section 39.01(2) was amended to read: "Abuse" means any willful

Ema v. Dept. of Child. and Fam.

795 So. 2d 183

District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 1252169

Cited 18 times | Published

court misconstrued the findings required under section 39.01(14)(f), Florida Statutes (1999), and that the

Ema v. Dept. of Child. and Fam.

795 So. 2d 183

District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 1252169

Cited 18 times | Published

court misconstrued the findings required under section 39.01(14)(f), Florida Statutes (1999), and that the

GC v. Department of Children and Families

791 So. 2d 17, 2001 WL 303325

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1655766

Cited 17 times | Published

finding that the mother mentally abused H.C. Section 39.01(2), Florida Statutes (1997), defines abuse,

DD v. Dept. of Children and Families

773 So. 2d 615, 2000 WL 1803175

District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 1291876

Cited 17 times | Published

supported by competent substantial evidence. Id. Section 39.01(46) of the Florida Statutes (1999) defines neglect

DeBolt v. Dept. of Health & Rehab. Services

427 So. 2d 221

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 1648053

Cited 17 times | Published

including home detention and attention homes...." § 39.01(14), Fla. Stat. (1981) (e.s.). [2] An "attention

State v. Lindsay

284 So. 2d 377

Supreme Court of Florida | Filed: Oct 24, 1973 | Docket: 1426764

Cited 17 times | Published

general laws of Florida. Florida Statutes (1972), Section 39.01(11),[1] defines delinquent child, as follows:

Richmond v. DEPT, HEALTH. & REHAB. SERV.

658 So. 2d 176, 1995 WL 443478

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 416178

Cited 16 times | Published

neglect by the parent or parents or the custodian. § 39.01(10), Fla. Stat. (1993). A child, therefore, may

Solomon v. McLucas

382 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1255011

Cited 16 times | Published

necessary for the best interests of the child. Section 39.01(9) and Sections 39.40, et seq., Florida Statutes

TG v. Department of Children and Families

927 So. 2d 104, 2006 WL 994214

District Court of Appeal of Florida | Filed: Apr 18, 2006 | Docket: 1765714

Cited 15 times | Published

parents should be a method of last resort. See § 39.001(1)(a)-(b), Fla. Stat. (2005); M.F., 770 So.2d

Arnold v. State

755 So. 2d 796, 2000 WL 377272

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1699430

Cited 15 times | Published

adults responsible for them. As set out in section 39.001(1)(a), Florida Statutes *800 (1999), the expressed

In Interest of KAF

442 So. 2d 365

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 469031

Cited 15 times | Published

of "abandonment" as that term is defined in section 39.01(1), Florida Statutes (1981). That statute provides:

CB v. Department of Children and Families

874 So. 2d 1246, 2004 Fla. App. LEXIS 8200, 2004 WL 1257704

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1473677

Cited 14 times | Published

DCF established abandonment, as defined in section 39.01(1), Florida Statutes (1999). The trial court

BC v. Department of Children and Families

864 So. 2d 486, 2004 WL 19508

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1425726

Cited 14 times | Published

2002). Of more significance, B.C. argues that section 39.01(14)(a) was not intended to allow children to

In Interest of WDN

443 So. 2d 493

District Court of Appeal of Florida | Filed: Jan 13, 1984 | Docket: 1458780

Cited 14 times | Published

other children who also live with the parent. Section 39.01(2), Florida Statutes (1981), defines "abuse"

D.M.T. v. T.M.H.

129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60237374

Cited 13 times | Published

*356only one man and one woman”).10 For example, section 39.01(49), Florida Statutes, defines “[pjarent” as

Flm v. Department of Children and Fams.

912 So. 2d 1264, 2005 WL 2861560

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1650298

Cited 13 times | Published

dependent within the intent and meaning of [section] 39.01, Florida Statutes." The trial court held a

CM v. Dept. of Children and Family Services

854 So. 2d 777, 2003 Fla. App. LEXIS 13177, 2003 WL 22047876

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1460104

Cited 13 times | Published

placement may be achieved as soon as possible. See § 39.001(1)(h), Fla. Stat. (2002). At all stages of the

WW v. Dept. of Children and Families

811 So. 2d 791, 2002 Fla. App. LEXIS 3019, 2002 WL 385576

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1723519

Cited 13 times | Published

term, "the court." Under the definition in section 39.01(18) "the court," unless otherwise expressly

JC v. Dept. of Children and Families

773 So. 2d 1220, 2000 Fla. App. LEXIS 16229, 2000 WL 1816695

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1291614

Cited 13 times | Published

children were being abused by the father under section 39.01(2), Florida Statutes (1999) which provides:

In Re Code of Jud. Conduct

603 So. 2d 494

Supreme Court of Florida | Filed: Jul 23, 1992 | Docket: 1476127

Cited 13 times | Published

Florida is to better the lot of our children. See § 39.001(2)(b), Fla. Stat. (1991). If a commitment to helping

In Interest of TD

537 So. 2d 173, 14 Fla. L. Weekly 183, 1989 Fla. App. LEXIS 184, 1989 WL 2060

District Court of Appeal of Florida | Filed: Jan 13, 1989 | Docket: 1522571

Cited 13 times | Published

matter of law, constitute abandonment under section 39.01(1), Florida Statutes); In the Interest of P

In Interest of Gdh

498 So. 2d 676, 11 Fla. L. Weekly 2617

District Court of Appeal of Florida | Filed: Dec 12, 1986 | Docket: 1700034

Cited 13 times | Published

The statutory definition of abuse is found in section 39.01(2), Florida Statutes (1985): "Abuse" means any

White v. DEPT. OF HEALTH & REHAB. SERVICES

483 So. 2d 861, 11 Fla. L. Weekly 536

District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 2509252

Cited 13 times | Published

non-communication (statutory abandonment under § 39.01(1), Fla. Stat.), a parent, before being called

In Interest of AB

444 So. 2d 981

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1510730

Cited 13 times | Published

Mrs. Brown must be found "financially able," § 39.01(26), through public assistance or otherwise, if

In Interest of CMH

413 So. 2d 418, 1982 Fla. App. LEXIS 19780

District Court of Appeal of Florida | Filed: Apr 15, 1982 | Docket: 1702902

Cited 13 times | Published

environment at this time" (Exhibit 3 in evidence). Section 39.01(10), F.S., 1975, defines a "dependent child"

State Ex Rel. Register v. Safer

368 So. 2d 620

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1389291

Cited 13 times | Published

such as the revision of Chapter 39. In Part I, Section 39.001(4), it is stated: It is the intent of the legislature

State Ex Rel. Register v. Safer

368 So. 2d 620

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1389291

Cited 13 times | Published

such as the revision of Chapter 39. In Part I, Section 39.001(4), it is stated: It is the intent of the legislature

In Interest of Peterson

364 So. 2d 98

District Court of Appeal of Florida | Filed: Nov 15, 1978 | Docket: 461920

Cited 13 times | Published

is a dependent child within the meaning of Section 39.01, Florida Statutes (1977) and seek to have the

State v. Barone

124 So. 2d 490

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 1416236

Cited 13 times | Published

child" are delimited. That is to be found in Section 39.01, Florida Statutes, F.S.A.: "(6) `Child' means

In Re JB

923 So. 2d 1201, 2006 WL 659502

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 1496329

Cited 12 times | Published

that J.R. had abandoned his son as defined in section 39.01(1), which states: "The incarceration of a parent

Ab v. Department of Children & Family

901 So. 2d 324, 2005 WL 1026572

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1215922

Cited 12 times | Published

protect the child, not to punish the caregiver. § 39.001, Fla. Stat. (2003); S.B., 851 So.2d at 693. Hence

Avatar Development Corp. v. State

723 So. 2d 199, 1998 WL 732936

Supreme Court of Florida | Filed: Oct 22, 1998 | Docket: 469528

Cited 12 times | Published

more than eight levels." Id. at 989-90 (quoting § 39.01(61), Fla. Stat. (Supp.1990)). Based on this statute

GC v. State

560 So. 2d 1186, 1990 WL 6486

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1478037

Cited 12 times | Published

delinquency is affirmed on an alternative ground. See § 39.01(9), Fla. Stat. (1989). [3] In Harris v. State

It v. State, Dept. of Health & Rehab. Serv.

532 So. 2d 1085, 1988 WL 84049

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 450681

Cited 12 times | Published

showing of abuse, abandonment, or neglect. Id. Section 39.01(27), Florida Statutes (1985), defines neglect

Purvis v. State

377 So. 2d 674

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423440

Cited 12 times | Published

child" and "delinquent child" are defined in section 39.01, Florida Statutes (1977), as follows: (8) "Dependent

TB v. State

306 So. 2d 183

District Court of Appeal of Florida | Filed: Jan 17, 1975 | Docket: 1377184

Cited 12 times | Published

[1] "Detention care" is defined in Fla. Stat. § 39.01(17) (1973) as "the temporary care of children in

In Re KB

937 So. 2d 709, 2006 WL 2381952

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1513119

Cited 11 times | Published

abandonment, or neglect by the parent or parents." § 39.01(14)(a), (f), Fla. Stat. (2004). "Abuse" is defined

Jbm v. Department of Children and Fam.

870 So. 2d 946, 2004 WL 874936

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 441608

Cited 11 times | Published

abandonment, or neglect" by the parents. See § 39.01(14)(a) & (f), Fla. Stat. (2002). Therefore, before

OS v. Department of Children & Families

821 So. 2d 1145, 2002 Fla. App. LEXIS 9419, 2002 WL 1431146

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 1236176

Cited 11 times | Published

abuse, abandonment or neglect by the parent." § 39.01(14)(f), Fla. Stat. (2000). Based upon this provision

State v. McDonald

785 So. 2d 640, 2001 WL 467985

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 1510157

Cited 11 times | Published

Laws of Fla. The definition of "abuse" in section 39.01(2) was amended to read: *646 "Abuse" means

MFG v. Dept. of Children & Families

723 So. 2d 290, 1998 WL 712697

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 426591

Cited 11 times | Published

be in danger of being significantly impaired." § 39.01(36), Florida Statutes (1997). See also Dep't of

AA v. Rolle

604 So. 2d 813, 1992 WL 171308

Supreme Court of Florida | Filed: Jul 23, 1992 | Docket: 1686400

Cited 11 times | Published

delinquency adjudication or court disposition." § 39.01(45), Fla. Stat. (Supp. 1988). Thus, under section

Ts v. State, Dept. of Hlt. & Rehab.

464 So. 2d 677, 10 Fla. L. Weekly 619

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1192953

Cited 11 times | Published

sufficient evidence of abandonment as defined in section 39.01(1), Florida Statutes. The trial court accepted

Lambert v. Doe

453 So. 2d 844

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 1162806

Cited 11 times | Published

purposes of Chapter 39, which are stated in Section 39.001 are, in summary, to protect society by substituting

Matter of Adoption of Cottrill

388 So. 2d 302

District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 420156

Cited 11 times | Published

necessary for the best interests of the child. Section 39.01(9) and Sections 39.40, et seq., Florida Statutes

State v. DH

340 So. 2d 1163

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 1299116

Cited 11 times | Published

of the term "delinquent child" as defined by Section 39.01(12), Florida Statutes: "`Delinquent child' means

Division of Family Services v. State

319 So. 2d 72, 1975 Fla. App. LEXIS 15262

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 444008

Cited 11 times | Published

added) Appellant seeks to rely on that portion of F.S. 39.01(9) which provides that: "An agency granted legal

Miller v. Carson

392 F. Supp. 515, 1975 U.S. Dist. LEXIS 13646

District Court, M.D. Florida | Filed: Feb 25, 1975 | Docket: 1146538

Cited 11 times | Published

"child" as set forth in the state statute itself. Section 39.01(6) of the Florida Statutes provides that a "child"

State v. REF

251 So. 2d 672

District Court of Appeal of Florida | Filed: Aug 17, 1971 | Docket: 1512998

Cited 11 times | Published

being a delinquent child as defined in F.S. Section 39.01(11), F.S.A., as follows: "`Delinquent child'

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

parent will be acting in a parental role. See § 39.01(54) (defining permanent guardianship as "a legal

CA v. Department of Children and Families

958 So. 2d 554, 2007 Fla. App. LEXIS 9214, 2007 WL 1690027

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734858

Cited 10 times | Published

the program has been appointed, and the child." § 39.01(50), Fla. Stat. An admission is made by a party

In Re ED

884 So. 2d 291, 2004 WL 1836210

District Court of Appeal of Florida | Filed: Aug 16, 2004 | Docket: 1683003

Cited 10 times | Published

settled purpose to assume all parental duties, see § 39.01(1), its finding of abandonment does not reflect

IB v. Department of Children and Families

876 So. 2d 581, 2004 WL 1228862

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1245098

Cited 10 times | Published

foster care longer than 1 year. (emphasis added) § 39.001(1)(h), Fla. Stat. Here the child remained with

In Re CM

844 So. 2d 765

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 1662339

Cited 10 times | Published

risk of imminent abuse, abandonment, or neglect. § 39.01(14), Fla. Stat. (2000); In the Interest of D.J

PWG v. State

682 So. 2d 1203, 1996 WL 656408

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1276694

Cited 10 times | Published

to be the only "training schools" in Florida. § 39.01(74), Fla.Stat. (1995). It is clear that the Manatee

Williams v. DHRS

648 So. 2d 841, 1995 WL 10479

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 1342771

Cited 10 times | Published

neglect if they were reunited with their father. See § 39.01(37), Fla. Stat. (1993).[2] We have no basis to

DP v. State

597 So. 2d 952

District Court of Appeal of Florida | Filed: May 11, 1992 | Docket: 1704453

Cited 10 times | Published

term "restrictiveness level" is defined in Section 39.01(61), as follows: "Restrictiveness level" means

RFR v. State

558 So. 2d 1084, 1990 WL 32453

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 1408381

Cited 10 times | Published

consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987).[3] He was given

AZ v. State

383 So. 2d 934

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 457295

Cited 10 times | Published

entitled to procedures to insure a fair hearing, § 39.001(2)(d).

CD v. Department of Children and Families

974 So. 2d 495, 2008 WL 244912

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1366667

Cited 9 times | Published

protect the health and safety of children. See § 39.001(1)(b)1, Fla. Stat. (2006). When setting up procedures

TV v. Dept. of Children & Family Services

905 So. 2d 945, 2005 Fla. App. LEXIS 9703, 2005 WL 1459191

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1711808

Cited 9 times | Published

rights as to her three children, pursuant to section 39.01(45), Florida Statutes (2002). We find clear

In Re JL

824 So. 2d 1023, 2002 WL 1991214

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1435601

Cited 9 times | Published

abuse, abandonment, or neglect by his parents. See § 39.01(14)(a), (f), Fla. Stat. (2001). The trial court

AB v. Department of Children and Families

816 So. 2d 684, 2002 WL 506887

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1753309

Cited 9 times | Published

parental rights. "Abandonment" as defined in section 39.01(1) was not added to section 39.806(1)(b) until

HENRY & RILLA WHITE FOUNDATION v. Migdal

720 So. 2d 568, 1998 WL 670386

District Court of Appeal of Florida | Filed: Oct 1, 1998 | Docket: 1719161

Cited 9 times | Published

the chapter's declared legislative intent. Section 39.001, Florida Statutes (Supp.1996), provides in

Tolley v. DEPT. OF HEALTH & REHAB. SERV.

667 So. 2d 480, 1996 WL 38850

District Court of Appeal of Florida | Filed: Feb 2, 1996 | Docket: 454569

Cited 9 times | Published

found dependent because of prospective abuse. Section 39.01(10), Florida Statutes (1993) reads in pertinent

Tolley v. DEPT. OF HEALTH & REHAB. SERV.

667 So. 2d 480, 1996 WL 38850

District Court of Appeal of Florida | Filed: Feb 2, 1996 | Docket: 454569

Cited 9 times | Published

found dependent because of prospective abuse. Section 39.01(10), Florida Statutes (1993) reads in pertinent

State v. FG

630 So. 2d 581, 1993 WL 302608

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 418676

Cited 9 times | Published

expressed at various points in the Chapter. In Section 39.01(21) "Disposition hearing" is defined as "a hearing

Southland Corp. v. Bartsch

522 So. 2d 1053, 1988 WL 29174

District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 1191148

Cited 9 times | Published

McCray v. State, 424 So.2d 916 (Fla. 4th DCA 1982); § 39.01(7), Fla. Stat. (1985). This is consistent with

Dykes v. Hosemann

743 F.2d 1488

Court of Appeals for the Eleventh Circuit | Filed: Oct 11, 1984 | Docket: 66200388

Cited 9 times | Published

is habitually truant from school. Fla.Stats. § 39.01(8) (1977). In 1978, the Florida State Legislature

Fruh v. STATE, DEPT. OF HEALTH & REHAB. SERVICES

430 So. 2d 581

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445794

Cited 9 times | Published

psychological counseling. The department points to section 39.001(3), which states that chapter 39 should be

In Interest of DAH

390 So. 2d 379

District Court of Appeal of Florida | Filed: Oct 16, 1980 | Docket: 1750357

Cited 9 times | Published

39.11(1)(d) [(2)(d)] [sic] (1977) and F.S. section 39.01(1) and (2) [(27)] [sic] (1978)... ." Whatever

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

achieved as soon as possible for every child. See § 39.001(l)(h), Fla. Stat.' (2014). Section 39.621(1) also

In Interest of Kv

939 So. 2d 200

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 1237313

Cited 8 times | Published

be credible and adjudicated K.V. dependent. Section 39.01(14), Florida Statutes (2005), in pertinent part

Contreras v. State

910 So. 2d 901, 2005 WL 2219023

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 1494563

Cited 8 times | Published

purpose of "process[ing] child abuse cases." [e.s.] § 39.01(13), Fla. Stat. (2004). The statute explicitly

AA v. Department of Children and Families

908 So. 2d 585, 2005 WL 1923159

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 1397774

Cited 8 times | Published

emotional health to be significantly impaired." § 39.01(2), Fla. Stat. (2004). The trial court found C

JJ v. Department of Children and Families

886 So. 2d 1046

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1721279

Cited 8 times | Published

does not equate to substantial compliance. Section 39.01(68) states that, "`[s]ubstantial compliance'

FR v. Department of Children and Families

826 So. 2d 449, 2002 WL 1990878

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1197864

Cited 8 times | Published

insufficient evidence of "abuse" as defined by section 39.01(2) to support the trial court's finding that

JK v. State

695 So. 2d 868, 1997 WL 330593

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 425017

Cited 8 times | Published

by section 775.089 Florida Statutes (1995). See § 39.001(1)(c), Fla. Stat. (1995) (identifying as a purpose

JM v. State

677 So. 2d 890, 1996 WL 346929

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1723714

Cited 8 times | Published

is a "low-risk residential" classification. Id. § 39.01(61)(b).[7] J.M. has appealed. At oral argument

In Interest of LW

615 So. 2d 834, 1993 Fla. App. LEXIS 2875, 1993 WL 74290

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 1184551

Cited 8 times | Published

well-being of all children under the state's care. § 39.001(2)(a) & (b), Fla. Stat. Further, the act provides

In Interest of R.

591 So. 2d 1130, 1992 Fla. App. LEXIS 119, 1992 WL 1339

District Court of Appeal of Florida | Filed: Jan 8, 1992 | Docket: 1528119

Cited 8 times | Published

returned to the child's parent or guardian." Section 39.001(50), Fla. Stat. (1989). Appellant maintains

STATE, DEPT. OF HLT. & REHAB. SERV. v. Whaley

531 So. 2d 723, 1988 WL 65134

District Court of Appeal of Florida | Filed: Jun 29, 1988 | Docket: 2464569

Cited 8 times | Published

the child and the best interests of the state." § 39.001(2)(b), Fla. Stat. Another purpose is to preserve

Fredrick v. STATE, DEPT. OF HEALTH & REHAB.

523 So. 2d 1164, 1988 WL 16010

District Court of Appeal of Florida | Filed: Mar 3, 1988 | Docket: 472742

Cited 8 times | Published

cannot support a finding of statutory neglect, section 39.01(30), Florida Statutes (Supp. 1986). There is

In Interest of Cs

503 So. 2d 417, 12 Fla. L. Weekly 663, 1987 Fla. App. LEXIS 11982

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 1733129

Cited 8 times | Published

establishing neglect by a preponderance of the evidence. § 39.01(27), Fla. Stat.; § 39.408(2)(b), Fla. Stat. We

Hubbard v. State

411 So. 2d 1312

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 1327342

Cited 8 times | Published

system when the crime occurred on July 18, 1977. Section 39.01(4), 39.02, Florida Statutes (1977). At the time

Doerr v. State

348 So. 2d 938

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1760648

Cited 8 times | Published

evidence." 336 So.2d at 376 (citations omitted). Section 39.01(3) defines "taken into custody" to mean "the

F. & F. v. Duval County

273 So. 2d 15, 65 A.L.R. 3d 1217

District Court of Appeal of Florida | Filed: Jan 18, 1973 | Docket: 1512813

Cited 8 times | Published

children in need of supervision as defined by F.S. Section 39.01(12)(a), F.S.A., and placing them under the supervision

& SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therapy, Inc., etc. v. Carla Hiles

226 So. 3d 774

Supreme Court of Florida | Filed: Sep 14, 2017 | Docket: 6152185

Cited 7 times | Published

1219 (Fla. 2017) (interpreting “includes” in section 39.01(47), Florida Statutes (2015), expansively);

Da v. Dcf

84 So. 3d 1136

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 1934208

Cited 7 times | Published

Servs., 901 So.2d 324, 326 (Fla. 3d DCA 2005). Section 39.01(15)(a),(f), Florida Statutes (2011), defines

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

were not parties to the proceedings below, see § 39.01(50), Florida Statutes (2007), they lack standing

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

her child's health, safety, and well-being. See § 39.01(71), Fla. Stat. (2006) *498 (defining "substantial

BL v. Department of Children and Families

950 So. 2d 1264, 2007 WL 776546

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1752001

Cited 7 times | Published

permanency for every child in the dependency system. § 39.001(1)(h). When it is determined that *1266 reunification

Kj v. Department of Children and Family

906 So. 2d 1183, 2005 Fla. App. LEXIS 10817, 2005 WL 1630823

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1775253

Cited 7 times | Published

child. Substantial compliance is defined in section 39.01(68), which states: Substantial compliance means

Cason Ex Rel. Saferight v. Hammock

908 So. 2d 512, 2005 WL 1488650

District Court of Appeal of Florida | Filed: Jun 24, 2005 | Docket: 1398191

Cited 7 times | Published

definition of the term "legal guardianship" in section 39.01(34), Florida Statutes (2003), which provides

State v. J.P.

907 So. 2d 1101, 2004 Fla. LEXIS 2529

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 64839724

Cited 7 times | Published

See, e.g., § 39.001(3), Fla. Stat. (2002) (outlining general protections for children); § 39.01, Fla. Stat

MN v. Department of Children and Families

826 So. 2d 445, 2002 WL 1991223

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1197647

Cited 7 times | Published

abandonment, or neglect by the parent or parents...." § 39.01(14)(f), Fla. Stat. (2001); Eddy v. Department of

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

abandon or neglect their children pursuant to Section 39.01(1) and (36), and Section 39.464(1)(f) and (c)

In Re ZJS

787 So. 2d 875, 2001 WL 120422

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1496123

Cited 7 times | Published

abandonment notwithstanding his earlier lapses. See § 39.01(1), Fla. Stat. (1999); In the Interest of M.R.L

Sj v. Dept. of Health and Rehab.

700 So. 2d 71

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 1373854

Cited 7 times | Published

(Fla. 1st DCA 1984). In K.H., the court quoted section 39.001(2)(b) and (c), to illustrate legislative intent

TM v. State

689 So. 2d 443, 1997 WL 120163

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 1739508

Cited 7 times | Published

specific rehabilitation needs of the child ....". § 39.001(1)(c), Fla. Stat.(1995). The act further provides

Matthews v. Weinberg

645 So. 2d 487, 1994 WL 531291

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1167878

Cited 7 times | Published

which should have been given by [their] parents." § 39.001(2)(e), Fla. Stat. (1991). The Florida Legislature

RW v. Soud

639 So. 2d 25, 1994 WL 286369

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1712620

Cited 7 times | Published

adjudication and those whose disposition is pending. Section 39.01(16), Florida Statutes (1993), also defines detention

RW v. Soud

639 So. 2d 25, 1994 WL 286369

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1712620

Cited 7 times | Published

adjudication and those whose disposition is pending. Section 39.01(16), Florida Statutes (1993), also defines detention

KAN v. State

582 So. 2d 57, 1991 WL 103420

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 1363775

Cited 7 times | Published

40 and is a felony of the third degree.[2] Section 39.01(61) defines "restrictiveness level" as: the

In Re Petition of Florida Bar

589 So. 2d 818, 1991 WL 239342

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1730649

Cited 7 times | Published

agreement/permanent placement plan ____ as defined in section 39.01, Florida Statutes, has been offered to the parents

Hardy v. DEPT. OF HRS

568 So. 2d 1314

District Court of Appeal of Florida | Filed: Oct 25, 1990 | Docket: 1526647

Cited 7 times | Published

abused, or neglected by his parents or custodians. § 39.01(10)(a), Fla. Stat. (1987). The trial court found

Terrell McCoy Creekmore and Wife, Opal Young Creekmore v. United States of America, Otis Elevator Company, a Corporation

905 F.2d 1508, 1990 U.S. App. LEXIS 11743, 1990 WL 86393

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 1990 | Docket: 464620

Cited 7 times | Published

discarded entirely.” Prosser, id. at § 39. 1 The Federal Tort Claims Act requires

Kh v. State, Dept. of Health & Rehab. Serv.

527 So. 2d 230, 1988 WL 50147

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 529429

Cited 7 times | Published

has in fact confessed error in this regard. Section 39.01(27), Florida Statutes (1985), defines neglect

In INTEREST OF PS v. State

384 So. 2d 656

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 1268677

Cited 7 times | Published

the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1979) (emphasis added). In its

RBS v. Capri

384 So. 2d 692

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 1269645

Cited 7 times | Published

adequately safeguarded without such removal; . ." § 39.001(2)(c), Fla. Stat. (1979). That purpose was not

Interest of Rlj

336 So. 2d 132, 1976 Fla. App. LEXIS 15203

District Court of Appeal of Florida | Filed: Jul 19, 1976 | Docket: 1379360

Cited 7 times | Published

standards and for appropriate ancillary processes. Section 39.01(30) defines "taken into custody," the linchpin

SS v. Department of Children and Families

81 So. 3d 618, 2012 Fla. App. LEXIS 3806, 2012 WL 752034

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 845344

Cited 6 times | Published

by the parent or parents or legal custodians." § 39.01(15)(f), Fla. Stat. (2011). "Abuse," as defined

In Re Tj

59 So. 3d 1187, 2011 WL 1485994

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2361633

Cited 6 times | Published

remand the case on the basis of our analysis of section 39.01, Florida Statutes (2010), and persuasive decisions

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

Legislature’s definition of “substantial compliance.” See § 39.01(71), Fla. Stat. (2006). A.W., 969 So.2d at 503

In Re DJ

9 So. 3d 750, 2009 WL 1260109

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 1222591

Cited 6 times | Published

relationship with the Mother, in violation of section 39.001(1)(b)(2), which states that the Department

Zerbe v. State

944 So. 2d 1189, 2006 WL 3733842

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649808

Cited 6 times | Published

the normal range of performance and behavior." § 39.01(43), Fla. Stat. (2002); see DuFresne v. State,

DS v. Department of Children and Families

900 So. 2d 628, 2005 WL 623284

District Court of Appeal of Florida | Filed: Mar 18, 2005 | Docket: 1514194

Cited 6 times | Published

provide for reunification with the mother. [5] Section 39.01(17) defines comprehensive assessment: "Comprehensive

King v. State

903 So. 2d 954, 2005 WL 263898

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 1258137

Cited 6 times | Published

there was no corresponding mental injury under section 39.01(43), Florida Statutes (2001).[2] Accordingly

TR v. Department of Children and Families

864 So. 2d 1278, 2004 WL 220858

District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 1727675

Cited 6 times | Published

the abusive parents, within the meaning of section 39.01(30)(i), Florida Statutes (2002).[2]See D.D.

D. Children v. Children and Family Serv.

820 So. 2d 980, 2002 Fla. App. LEXIS 8167, 2002 WL 1174047

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1726715

Cited 6 times | Published

would constitute harm within the meaning of section 39.01(30)(b), Florida Statutes (2000). Although the

Mc v. Dept. of Children and Family Serv.

814 So. 2d 449, 2001 Fla. App. LEXIS 16374

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1368703

Cited 6 times | Published

his or her most trusted caretaker is more so); § 39.001(1)(b)(1), Fla. Stat. (1999). We conclude, the

In Re Report of Fam. Ct. Steering Comm.

794 So. 2d 518, 2001 WL 1034530

Supreme Court of Florida | Filed: May 3, 2001 | Docket: 401441

Cited 6 times | Published

legislative policies regarding dependency cases in section 39.001(1), Florida Statutes (2000); delinquency cases

JCG v. Dept. of Children and Families

780 So. 2d 965, 2001 WL 201899

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1298668

Cited 6 times | Published

finding of dependency. The father's argument that section 39.01(1) of the Florida Statutes which defines "abandonment"

In Re Interest of Fc

780 So. 2d 159

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 2557869

Cited 6 times | Published

the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1999). We first note that the evidence

Kitts v. State

766 So. 2d 1067, 2000 WL 553926

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740

Cited 6 times | Published

to the law governing behavior. For instance section 39.01(63)(d), Florida Statutes (1997) governs child

State v. Fuchs

751 So. 2d 603, 1999 WL 817186

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 5641

Cited 6 times | Published

child' are delimited. That is to be found in section 39.01, Florida Statutes ... Id. at 492 (emphasis added)

Brown v. Feaver

726 So. 2d 322, 1999 Fla. App. LEXIS 196, 1999 WL 9840

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1711534

Cited 6 times | Published

custodian and those services are rejected. See § 39.01, Fla. Stat. (1997); K.H. v. State, Department of

Eddy v. CHILDREN AND FAMILY SERVICES

704 So. 2d 734, 1998 WL 11857

District Court of Appeal of Florida | Filed: Jan 16, 1998 | Docket: 1354202

Cited 6 times | Published

neglect by the parent or parents or the custodian." § 39.01(11)(f), Fla. Stat. (Supp.1996). Such a finding

Griffith v. State

654 So. 2d 936, 1995 WL 71349

District Court of Appeal of Florida | Filed: Feb 23, 1995 | Docket: 1710389

Cited 6 times | Published

We begin with the definition of "child" in section 39.01(7): "(7) `Child' means any unmarried person

In Re Interest of Grs

647 So. 2d 1025, 1994 WL 706310

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437519

Cited 6 times | Published

of voluntarily abandoning his children under section 39.01. However, his efforts, or lack thereof, to assume

Brown v. DEPT. OF HEALTH & REHAB. SERV.

582 So. 2d 113, 1991 WL 116857

District Court of Appeal of Florida | Filed: Jul 2, 1991 | Docket: 1363178

Cited 6 times | Published

being malnourished and developmentally delayed. Section 39.01(37), Florida Statutes (1989), specifically defines

AA v. Rolle

580 So. 2d 282, 1991 WL 82523

District Court of Appeal of Florida | Filed: May 17, 1991 | Docket: 1364786

Cited 6 times | Published

adjudication of the petition for delinquency. See § 39.01(16), Fla. Stat. (Supp. 1990). Under section 39

In Interest of WP

534 So. 2d 905, 13 Fla. L. Weekly 2660, 1988 Fla. App. LEXIS 5438, 1988 WL 130481

District Court of Appeal of Florida | Filed: Dec 9, 1988 | Docket: 2523069

Cited 6 times | Published

parents "abused" her, as that term is defined in section 39.01(2), Florida Statutes (1985). Abuse is defined

Matter of Adoption of Doe

524 So. 2d 1037, 1988 WL 23651

District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 372256

Cited 6 times | Published

of "abandonment" in Florida is that found in section 39.01(1), Florida Statutes (1985): (1) "Abandoned"

Williams v. Starnes

522 So. 2d 469, 1988 WL 22259

District Court of Appeal of Florida | Filed: Mar 16, 1988 | Docket: 1192403

Cited 6 times | Published

psychologically abused the children within the meaning of section 39.01, Florida Statutes (1983), and it would be in

JH v. State

480 So. 2d 680, 11 Fla. L. Weekly 36

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1220605

Cited 6 times | Published

appellant had neglected the children pursuant to section 39.01(26), Florida Statutes (1983)[1]. As grounds

In Interest of BW

479 So. 2d 740

District Court of Appeal of Florida | Filed: Dec 20, 1985 | Docket: 463568

Cited 6 times | Published

the statutory definition of abandonment in section 39.01(1), Fla. Stat., which describes "a situation

Webb v. Blancett

473 So. 2d 1376, 10 Fla. L. Weekly 1973

District Court of Appeal of Florida | Filed: Aug 15, 1985 | Docket: 1510506

Cited 6 times | Published

do not do so, it is interesting to note that section 39.01(1), Florida Statutes (1983) looks to the parent's

Ts v. Dept. of Health & Rehab. Serv.

471 So. 2d 543, 10 Fla. L. Weekly 645

District Court of Appeal of Florida | Filed: Mar 14, 1985 | Docket: 1724673

Cited 6 times | Published

SHIVERS and ZEHMER, JJ., concur. NOTES [1] Section 39.01(1), Florida Statutes (1983), defines "abandoned"

Interest of Kh

444 So. 2d 547

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 452180

Cited 6 times | Published

dependent children such as K.H. and M.C. In Section 39.001(2)(b) and (c), Florida Statutes (1981), two

Eh v. State, Dept. of H & R Services

443 So. 2d 1083

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 1746944

Cited 6 times | Published

*1084 First, the natural mother contends that Section 39.01(26), Florida Statutes (1981), under which her

In Interest of JF

384 So. 2d 713, 1980 Fla. App. LEXIS 16888

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 1268998

Cited 6 times | Published

the definition of "abandoned" contained in Section 39.01(1), Florida Statutes (Supp. 1978) which became

KP v. State

327 So. 2d 820

District Court of Appeal of Florida | Filed: Feb 20, 1976 | Docket: 1716129

Cited 6 times | Published

welfare and the best interests of society. (F.S. 39.001) Such purposes do not conform to the generally

French v. French

303 So. 2d 668

District Court of Appeal of Florida | Filed: Nov 29, 1974 | Docket: 1314072

Cited 6 times | Published

Perla v. Perla, Fla. 1952, 58 So.2d 689; and Section 39.01(10), F.S. There are many moral obligations both

DMM v. State

275 So. 2d 308

District Court of Appeal of Florida | Filed: Mar 28, 1973 | Docket: 1726763

Cited 6 times | Published

child who commits a violation of law." See, F.S. § 39.01(11) (1971), F.S.A. It therefore follows that, if

JDD v. State

268 So. 2d 457, 1972 Fla. App. LEXIS 6015

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 1477123

Cited 6 times | Published

regardless of where the violation occurred". Section 39.01(11), F.S. 1971, F.S.A. A violation of law is

State v. JK

104 So. 2d 113

District Court of Appeal of Florida | Filed: Jun 25, 1958 | Docket: 1312674

Cited 6 times | Published

Statutes, F.S.A., provides for juvenile courts. Section 39.01 provides that a juvenile court means any court

State Ex Rel. Hendricks v. Hunt

70 So. 2d 301

Supreme Court of Florida | Filed: Jan 22, 1954 | Docket: 1284607

Cited 6 times | Published

Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. § 39.01 note, specifically repealed that section of Chapter

D.C. v. J.M.

133 So. 3d 1080, 2014 WL 305284, 2014 Fla. App. LEXIS 1038

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60238668

Cited 5 times | Published

than remain mere “participants” as defined by section 39.01(50), Florida Statutes (2013). The trial court

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09

122 So. 3d 263, 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234660

Cited 5 times | Published

reasonable doubt. Definitions, give as applicable. § 39.01(2), Florida Statutes? “Abuse” means any willful-acb

Florida Department of Children & Families v. Y.C.

82 So. 3d 1139, 2012 WL 716091, 2012 Fla. App. LEXIS 3676

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2415473

Cited 5 times | Published

one or more of the conditions enumerated in section 39.01(15), Florida Statutes (2010).[9] We reject the

CW v. Department of Children and Families

10 So. 3d 136, 2009 Fla. App. LEXIS 2479, 2009 WL 762173

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1131817

Cited 5 times | Published

"substantial risk of imminent abuse" by the parents. § 39.01(14)(a), (f), Fla. Stat. (2007). An "abused" child

In Re GC

6 So. 3d 643, 2009 WL 454580

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1213543

Cited 5 times | Published

in "substantial compliance," as defined in section 39.01(71), it had to determine whether the problems

CJ v. Department of Children & Families

968 So. 2d 121, 2007 Fla. App. LEXIS 18562, 2007 WL 4126864

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1497847

Cited 5 times | Published

defined in section 39.01(30), Florida Statutes, or imminent neglect, as defined in section 39.01(43), Florida

Czapla v. State

957 So. 2d 676, 2007 WL 1238588

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 1678953

Cited 5 times | Published

discipline is not defined in chapter 827. However, section 39.01(30)(a)4, Florida Statutes (2004), provides:

In Re LC

947 So. 2d 1240, 2007 WL 258144

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 1720448

Cited 5 times | Published

bases: violence, § 39.01(30)(i), Fla. Stat. (2005); failure to protect the children, § 39.01(30)(j); substance

In Re CR

937 So. 2d 1257, 2006 WL 2787430

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 1513135

Cited 5 times | Published

child's parent or parents or legal custodians[.]" § 39.01(14)(a). "`Abuse' means any willful act or threatened

Er v. Dcfs

937 So. 2d 1196

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513094

Cited 5 times | Published

with or being returned to the children's parent. § 39.01(68), Fla. Stat. (2003). Here, DCF removed the children

SJC v. State

906 So. 2d 1115, 2005 WL 1162934

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 1775128

Cited 5 times | Published

is lawful unless it crosses the line to abuse. § 39.01(2), Fla. Stat. (2003); Raford v. State, 828 So

AD v. Department of Children and Families

837 So. 2d 1078, 2003 WL 255245

District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 1527479

Cited 5 times | Published

adjudicating his child dependent. We affirm. Section 39.01(2), Florida Statutes, defines "abuse" as: [A]ny

In Interest of Ps

825 So. 2d 530

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312053

Cited 5 times | Published

result of the father's actions, we reverse. See § 39.01(14)(f), Fla. Stat. (1999). We observe first that

MA v. Dept. of Children and Families

814 So. 2d 1244, 2002 WL 851240

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1717872

Cited 5 times | Published

on abandonment, as defined in s. 39.01(1). Section 39.01(1), Florida Statutes (2001), states: "Abandoned"

GV v. Department of Children and Families

795 So. 2d 1043, 2001 WL 1093027

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1252240

Cited 5 times | Published

773 So.2d 615, 617 (Fla. 5th DCA 2000). Under section 39.01, Florida Statutes (1998), the definition of

GLS v. Dept. of Children and Families

724 So. 2d 1181, 1998 WL 892668

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1409629

Cited 5 times | Published

the petition" for terminating parental rights. § 39.01(4), Fla. Stat. (1995). The circuit judge must "enter

JLO v. State

721 So. 2d 440, 1998 WL 833552

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 1322959

Cited 5 times | Published

by her prior history in the juvenile system. Section 39.01(59)(d), Florida Statutes (Supp.1996), provides

QLJ v. State

714 So. 2d 628, 1998 WL 427229

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 461512

Cited 5 times | Published

protect the community from the child. Moreover, section 39.001(1)(c), Florida Statutes (Supp.1996), identifies

Ponton v. Tabares

711 So. 2d 125, 1998 WL 204738

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1337765

Cited 5 times | Published

terms of either § 39.4051(7) or § 63.062(1)(b). § 39.01(48), Fla. Stat. (Supp.1996)(emphasis added). The

Department of Juvenile Justice v. CM

704 So. 2d 1123, 1998 Fla. App. LEXIS 432, 1998 WL 17617

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1354188

Cited 5 times | Published

which would disqualify her from CINS status. See § 39.01(1), Fla. Stat. (1995). Moreover, because C.M.'s

DF, JR. v. State

650 So. 2d 1097, 1995 Fla. App. LEXIS 1711, 1995 WL 69272

District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 2524199

Cited 5 times | Published

serious or habitual juvenile offender pursuant to section 39.01(46)(a), Florida Statutes (1993). We find no

Clock v. Clock

649 So. 2d 312, 1995 WL 25874

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 1320812

Cited 5 times | Published

statutory definition of abuse is set out in section 39.01(2), Florida Statutes (1993): "Abuse" means any

In the Interest of Sw

581 So. 2d 234, 1991 Fla. App. LEXIS 5350, 1991 WL 98039

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 1683835

Cited 5 times | Published

been based on a finding of abuse pursuant to section 39.01(2), Florida Statutes (1991). We reverse. The

In Interest of JA

561 So. 2d 356, 1990 Fla. App. LEXIS 3006, 1990 WL 54938

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 158043

Cited 5 times | Published

So.2d 1250, 1252 (Fla. 4th DCA 1982); see also § 39.001(2)(b), Fla. Stat. (1989) (purposes of chapter

Dept. of Health & Rehab. Serv. v. Rwk

556 So. 2d 815, 1990 WL 12002

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 543155

Cited 5 times | Published

C.J., and SHARP, W., J., concur. NOTES [1] Section 39.01(12), Florida Statutes, defines community control

The Trane Company, a Division of American Standard, Inc. v. Whitehurst-Lassen Construction Company United States Fidelity and Guaranty Company

881 F.2d 996, 1989 U.S. App. LEXIS 12581, 1989 WL 88354

Court of Appeals for the Eleventh Circuit | Filed: Aug 24, 1989 | Docket: 648142

Cited 5 times | Published

under the Alabama Public Works Statute, Ala.Code § 39-1-1 (1975). The district court entered judgment for

JV v. State

516 So. 2d 1133, 1987 WL 3189

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 1267234

Cited 5 times | Published

authorization of blood transfusions *1134 to the child. Section 39.01(30), Florida Statutes (Supp. 1986), defining

In Interest of CB

453 So. 2d 220

District Court of Appeal of Florida | Filed: Jul 26, 1984 | Docket: 1651393

Cited 5 times | Published

Section 39.08(1), Florida Statutes (1983). [2] Section 39.01(9), Florida Statutes (1983), provides: "Child

ATP v. State

427 So. 2d 355, 9 Educ. L. Rep. 1109

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1151610

Cited 5 times | Published

filed against her was insufficient. We agree. Section 39.01(9), Florida Statutes, (1981), provides in relevant

BD, a v. State

412 So. 2d 70

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 2589687

Cited 5 times | Published

State, 401 So.2d 1131 (Fla. 4th DCA 1981). [2] Section 39.01(8).

GA v. State

391 So. 2d 720

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 1653742

Cited 5 times | Published

541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966); Section 39.001(2), Fla. Stat. (1978 Supp.). The legislature

JMJ v. State

389 So. 2d 1208

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 1281885

Cited 5 times | Published

designating truant and runaway behavior as dependency. § 39.01(9), Fla. Stat. (Supp. 1978).[1] The state responds

Russell v. Pasik

178 So. 3d 55, 2015 Fla. App. LEXIS 15177

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 60294109

Cited 4 times | Published

Beagle, 678 So.2d 1271 (Fla.1996))); see also § 39.01(49), Fla. Stat. (2014) (defining a parent as “a

In the Interest of N.F. v. Department of Children & Family Services

82 So. 3d 1188, 2012 WL 881612, 2012 Fla. App. LEXIS 4213

District Court of Appeal of Florida | Filed: Mar 16, 2012 | Docket: 60306063

Cited 4 times | Published

with or being returned to the child’s parent.” § 39.01(73); see also R.F. v. Dep’t of Children & Family

L.T. Ex Rel. K.S.L. v. Department of Children & Families

48 So. 3d 928, 2010 Fla. App. LEXIS 17984, 2010 WL 4739523

District Court of Appeal of Florida | Filed: Nov 23, 2010 | Docket: 1929157

Cited 4 times | Published

dependent within the meaning and intent of section 39.01(1), (2), (14)(e), (45) or (63) of the Florida

A.B.E. v. Department of Children & Families

47 So. 3d 347, 2010 Fla. App. LEXIS 16278, 2010 WL 4226435

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2399516

Cited 4 times | Published

the child after the second removal. We agree. Section 39.01(1), Florida Statutes (2009), defines "abandonment"

In Re EC

33 So. 3d 710, 2010 WL 1049937

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1649227

Cited 4 times | Published

or *720 being returned to the child's parent." § 39.01(71) (emphasis added); see also R.F. v. Dep't of

Andre v. State

13 So. 3d 103, 2009 Fla. App. LEXIS 5444, 34 Fla. L. Weekly Fed. D 1010

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 363654

Cited 4 times | Published

definition of the term `legal guardianship' in section 39.01(34), Florida Statutes (2003), which provides

C.A.T. v. Department of Children & Families

10 So. 3d 682, 2009 Fla. App. LEXIS 3996, 2009 WL 1159192

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1132568

Cited 4 times | Published

the definition of "abandonment" contained in section 39.01, Florida Statutes (2007), which is cited in

State v. Lanier

979 So. 2d 365, 2008 WL 1733666

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1713992

Cited 4 times | Published

the normal range of performance and behavior." § 39.01(43), Fla. Stat. (2002); see DuFresne v. State,

In Re KM

978 So. 2d 211, 2008 WL 783291

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1508774

Cited 4 times | Published

the program has been appointed, and the child. § 39.01(50). Rather, a legal custodian is included under

In Re DG

970 So. 2d 486, 2007 WL 4355284

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1695204

Cited 4 times | Published

to DCF, D.G. suffered from medical neglect. Section 39.01(31), Florida Statutes (2006), provides: "Harm"

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

[I]ncarceration . . . may support a finding of abandonment." § 39.01(1), Fla. Stat. (2006). The qualifying phrase "while

In Re JT

947 So. 2d 1212, 2007 WL 188243

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1376526

Cited 4 times | Published

within one year of her placement into foster care. § 39.001(1)(h). The Florida Legislature *1219 has also

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

the viability of its petition as filed, see section 39.01(12), Florida Statutes (2004) ("`[c]hild' or

In Re KM

946 So. 2d 1214, 2006 WL 3821847

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1771119

Cited 4 times | Published

permanency for every child in the dependency system. § 39.001(1)(h). When it is determined that reunification

In Re Baby RPS

942 So. 2d 906, 2006 WL 2683776

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 1471529

Cited 4 times | Published

a definition of parent but rather refers to section 39.01(49), Florida Statutes (2004), which defines

State, Dcfs v. Ib

891 So. 2d 1168

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 378565

Cited 4 times | Published

remains in foster care for longer than 1 year," § 39.001(1)(a), (1)(h), Fla. Stat. (2003), and say that

RM v. Department of Children and Families

886 So. 2d 329, 2004 WL 2559679

District Court of Appeal of Florida | Filed: Nov 12, 2004 | Docket: 1721224

Cited 4 times | Published

child's parent or parents or legal custodians. § 39.01(14)(a), Fla. Stat. (2002). A dependent *331 child

Sj v. Dcfs

866 So. 2d 770

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 1680114

Cited 4 times | Published

safety and well-being and may constitute harm. § 39.01(30), Fla. Stat. (2001) (defining harm). Four home

PD v. Department of Children and Families

866 So. 2d 100, 2004 WL 221323

District Court of Appeal of Florida | Filed: Jan 29, 2004 | Docket: 1273792

Cited 4 times | Published

Because we conclude that a finding of harm under section 39.01(30)(g)1., Florida Statutes (2002), requires

In Re EB

834 So. 2d 415, 2003 WL 131736

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 1328974

Cited 4 times | Published

child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. (2001). "[T]he trial court's

Omar Ex Rel. Cannon v. Lindsey

243 F. Supp. 2d 1339, 2003 U.S. Dist. LEXIS 6580, 2003 WL 257552

District Court, M.D. Florida | Filed: Jan 14, 2003 | Docket: 2488653

Cited 4 times | Published

statutory definition of abuse. See Fla. Stat. Ann. § 39.01

VG v. Dept. of Children and Families

813 So. 2d 298, 2002 WL 596797

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1403555

Cited 4 times | Published

health to be significantly impaired or endangered. § 39.01(45), Fla. Stat. The evidence in this case was sufficient

BD v. Dept. of Children and Families

797 So. 2d 1261, 2001 WL 1297683

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1714708

Cited 4 times | Published

child's physical, mental, or emotional health. § 39.01(2),(14)(a), (14)(f), & (46), Fla. Stat. (1999);

SD v. Department of Child. and Family

805 So. 2d 10, 2001 WL 1166868

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 1669526

Cited 4 times | Published

to place the Child in the Mother's custody. Section 39.01(68), Fla. Stat. (1999). k. The Child is at risk

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

safety of the child or children involved. See § 39.001(1)(b)1, Fla. Stat. (1999). Because of this overriding

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

allegations of child abuse or neglect as defined in section 39.01(2) or (5), Florida Statutes, ( ) HAVE ( ) HAVE

Louis v. State

764 So. 2d 930, 2000 WL 1189556

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1516427

Cited 4 times | Published

legislative pronouncements: [f]or instance section 39.01(63)(d), Florida Statutes (1997) governs child

Louis v. State

764 So. 2d 930, 2000 WL 1189556

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1516427

Cited 4 times | Published

legislative pronouncements: [f]or instance section 39.01(63)(d), Florida Statutes (1997) governs child

Bb v. Dept. of Children & Family

731 So. 2d 30, 1999 WL 123590

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1408594

Cited 4 times | Published

procedures to assure due process to all concerned. See § 39.001, Fla. Stat. (Supp. 1998). Although the child's

In Re MKS

726 So. 2d 309, 1998 WL 831859

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1711544

Cited 4 times | Published

based on abandonment of M.K.S. by her father. Section 39.01, Florida Statutes (1995), defines abandonment

IT v. State

657 So. 2d 1241

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 47882

Cited 4 times | Published

properly limited to adult criminal cases. See § 39.01(9), Fla. Stat. (1993) (adjudication of delinquency

DVS v. State

632 So. 2d 221, 1994 WL 46933

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1514072

Cited 4 times | Published

"commitment to the custody of the department." Section 39.01(12), Fla. Stat. (1991). Therefore, even if section

State v. Nelson

577 So. 2d 971, 1991 WL 40056

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1294963

Cited 4 times | Published

a firefighter, an intake officer as defined in § 39.01, or a parking enforcement specialist as defined

MF v. State

562 So. 2d 724, 1990 WL 49838

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1674677

Cited 4 times | Published

as the basis for a finding of delinquency. Section 39.01(9), Florida Statutes (Supp. 1988), defines a

In Interest of RDD

518 So. 2d 412, 1988 WL 343

District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 1778596

Cited 4 times | Published

provide a complete analysis of this situation. Section 39.01(27), Florida Statutes (1985) defines neglect

In Interest of IBJ

497 So. 2d 1265, 11 Fla. L. Weekly 2205

District Court of Appeal of Florida | Filed: Oct 16, 1986 | Docket: 1689644

Cited 4 times | Published

finding her child dependent, as defined by section 39.01(9)(b), Florida Statutes (1985), and permanently

In Interest of Cw

490 So. 2d 175, 11 Fla. L. Weekly 1384

District Court of Appeal of Florida | Filed: Jun 19, 1986 | Docket: 1488790

Cited 4 times | Published

neglected by his parents or other custodians. § 39.01(9)(a), Fla. Stat. (1985). Here, there is no contention

Yem v. STATE, DEPT. OF H & R SERV.

462 So. 2d 1147

District Court of Appeal of Florida | Filed: Sep 25, 1984 | Docket: 1509959

Cited 4 times | Published

be in danger of being significantly impaired. § 39.01(26), Fla. Stat. (1983). The mother argues that

In Interest of Jp

405 So. 2d 497, 1981 Fla. App. LEXIS 21548

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 1703699

Cited 4 times | Published

S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967);[2] § 39.001, Fla. Stat. (1977). For the most part, the differences

GDW v. State

395 So. 2d 638

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 103787

Cited 4 times | Published

constitutional standard of fundamental fairness." § 39.001(2)(e), Fla. Stat. (1979). The requirement unquestionably

In Interest of Hutchins

345 So. 2d 703

Supreme Court of Florida | Filed: Mar 24, 1977 | Docket: 1478172

Cited 4 times | Published

Chapter 75-48, Section 15(11), now appears as Section 39.01(11), Florida Statutes, and provides: "`Ungovernable

State v. Robinson

336 So. 2d 437

District Court of Appeal of Florida | Filed: Jul 21, 1976 | Docket: 234086

Cited 4 times | Published

[1] Rule 8.120, R.J.P. [2] Section 39.01(6), F.S. 1973. [3] Section 39.01(6), F.S. 1975. [4] (Fla. 1974)

ADT v. State

318 So. 2d 478

District Court of Appeal of Florida | Filed: Aug 28, 1975 | Docket: 1476942

Cited 4 times | Published

expressed by the Florida *480 Legislature in F.S. 39.001. The four purposes listed are: "(1) To protect

FB v. State

319 So. 2d 77

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 1508360

Cited 4 times | Published

authority on F.S. 39.11(2)(c), which incorporated F.S. 39.01(9). We there held that a careful reading of that

Murray v. State of Florida

384 F. Supp. 574, 1974 U.S. Dist. LEXIS 6010

District Court, S.D. Florida | Filed: Oct 31, 1974 | Docket: 803011

Cited 4 times | Published

"delinquent child" is clearly defined in Fla.Stat. § 39.01(12) (1973) as ". . . a child who commits a violation

In Re CES

106 So. 2d 610

District Court of Appeal of Florida | Filed: Nov 18, 1958 | Docket: 1331812

Cited 4 times | Published

was a "dependent" child within the meaning of Section 39.01(10), Florida Statutes, F.S.A., and that the

In Re Rouse

66 So. 2d 42, 1953 Fla. LEXIS 1369

Supreme Court of Florida | Filed: Jun 2, 1953 | Docket: 1238479

Cited 4 times | Published

provisions of Chapter 26880, Acts of 1951, F.S.A. § 39.01 et seq., which was the general law applicable to

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

sexual battery or sexual abuse as defined in Section 39.01, or chronic abuse.” § 39.806(1)(g), Fla. Stat

W.K. , M.K. & GUARDIAN AD LITEM v. DEPT. OF CHILDREN & FAMILIES

230 So. 3d 905

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159000

Cited 3 times | Published

below, but rather were simply participants. See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v.

Chew v. Roberts

122 So. 3d 493, 2013 WL 5378094, 2013 Fla. App. LEXIS 15287

District Court of Appeal of Florida | Filed: Sep 27, 2013 | Docket: 60234706

Cited 3 times | Published

department for the purpose of adoption. . Section 39.01(51), Florida Statutes (2012), defines a "party”

LW v. Department of Children and Families

71 So. 3d 221, 2011 Fla. App. LEXIS 15736, 2011 WL 4578311

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2357615

Cited 3 times | Published

rights. See § 39.806(1)(b), Fla. Stat. (2011). Section 39.01(1) defines abandonment as: "a situation in which

In Re JB

40 So. 3d 917, 2010 WL 2976764

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 1219193

Cited 3 times | Published

determination was based on prospective neglect, § 39.01(15)(f), Fla. Stat. (2009), the circuit court finding

ID v. Department of Children and Families

13 So. 3d 1117, 2009 Fla. App. LEXIS 9995, 2009 WL 2168753

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 285221

Cited 3 times | Published

pursuant to section 39.806(1)(g), as defined in section 39.01(67); aggravated child abuse, as defined in section

PS v. Department of Children and Families

4 So. 3d 719, 2009 Fla. App. LEXIS 3516, 2009 WL 482280

District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 1666287

Cited 3 times | Published

termination of parental rights proceedings. [3] § 39.01(15)(f), Fla. Stat. (2008). [4] Should the father

MF v. Department of Children and Families

975 So. 2d 622, 2008 Fla. App. LEXIS 3012, 2008 WL 583892

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727375

Cited 3 times | Published

father's own drug use. See § 39.01(14)(a), (f), Fla. Stat. (2007); § 39.01(43), Fla. Stat. (2007). The

Vj v. Department of Children and Family

949 So. 2d 1128, 2007 Fla. App. LEXIS 2364, 2007 WL 519227

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1375477

Cited 3 times | Published

the definition of abandonment contained in section 39.01(1). See § 39.806(1)(b), Fla. Stat. (2004). That

Yp v. Dcfs

939 So. 2d 1118

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1237293

Cited 3 times | Published

(Fla. 3d DCA 2006) (table). [2] Pursuant to section 39.01(30)(i), Florida Statutes (2005), "harm" can

In Re Adoption of Baby A.

944 So. 2d 380, 2006 WL 2033896

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1649311

Cited 3 times | Published

"has the same meaning ascribed in s. 39.01." Section 39.01(49), Florida Statutes (2004), defines parent

Dept. of Children and Family Servs. v. Ps

932 So. 2d 1195

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 1684776

Cited 3 times | Published

best interests and overall well-being. See, e.g., § 39.001(1)(a), Fla. Stat. (2005) (stating the purposes

JB v. Department of Children and Families

928 So. 2d 392, 2006 WL 1027006

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1713674

Cited 3 times | Published

abandoned, or neglected by the parents. See id.; § 39.01(14)(a) & (f), Fla. Stat. (2004). Abuse An abused

In Re Dad II

903 So. 2d 1034, 2005 WL 1412052

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1675380

Cited 3 times | Published

childrenwas abuse of the children. See § 39.01(2);[6]see also § 39.01(30)(a), (i);[7]D.D. v. Dep't of Children

In Re NS

898 So. 2d 1194, 2005 WL 780382

District Court of Appeal of Florida | Filed: Apr 8, 2005 | Docket: 1732262

Cited 3 times | Published

undertaken when a child is abandoned as defined by section 39.01. A trial court may consider a parent's criminal

Mw v. Dep't of Children and Family Serv.

881 So. 2d 734, 2004 Fla. App. LEXIS 13653, 2004 WL 2049971

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 1465920

Cited 3 times | Published

children served shall be of paramount concern." § 39.001(1)(b)1., Fla. Stat. (2002). Under the statute

Buckner v. FAMILY SERVICES OF CENT. FLORIDA

876 So. 2d 1285, 2004 WL 1635858

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 2451094

Cited 3 times | Published

rights and interests of dependent children, section 39.001, Fla. Stat. (2003), and it does so through

In Re JAH

876 So. 2d 647, 2004 WL 1359022

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1245277

Cited 3 times | Published

the child was "abandoned, abused, or neglected," § 39.01(14)(a), Fla. Stat. (2003), or that the child is

Dept. of Children and Family Services v. By

863 So. 2d 418, 2003 Fla. App. LEXIS 19802, 2003 WL 23095250

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728610

Cited 3 times | Published

liberally construed based on Florida Statutes section 39.001(9). The provision at issue in the present case

In Re DN

858 So. 2d 1087, 2003 WL 22239088

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1513541

Cited 3 times | Published

the care, safety, and protection of children. § 39.001(1)(a), Fla. Stat. (2001). While pursuing this

SH v. Department of Children and Families

837 So. 2d 1117, 2003 Fla. App. LEXIS 1805, 2003 WL 355280

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 537512

Cited 3 times | Published

construction" of the statute allowed under section 39.001(9), Florida Statues (2001) does not allow us

CM v. Dept. of Children and Families

823 So. 2d 182, 2002 WL 1482668

District Court of Appeal of Florida | Filed: Jul 12, 2002 | Docket: 1512718

Cited 3 times | Published

meet the statutory definition of abuse. *183 See § 39.01(2), Fla. Stat.; see also In Interest of D.J.S.

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

before us does not support such a conclusion. See § 39.01(1), Fla. Stat. *1067 (2000); Webb v. Blancett,

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

before us does not support such a conclusion. See § 39.01(1), Fla. Stat. *1067 (2000); Webb v. Blancett,

SL v. Dept. of Children and Families

787 So. 2d 973

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 1744895

Cited 3 times | Published

by law, such as significant bruises or welts. § 39.01(30)(a)(4), Fla. Stat. (2000). This court is aware

AR v. Department of Children and Families

784 So. 2d 622

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 1744096

Cited 3 times | Published

had been abused, abandoned or neglected. See § 39.01(14)(a), Fla.Stat. (1999). Rather, the trial court's

State v. DuFresne

782 So. 2d 888, 2001 WL 55921

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1512146

Cited 3 times | Published

definition was moved from section 415.503(8) to section 39.01(44) in 1998. See ch. 98-403, § 19, Laws of Fla

SJ Ex Rel. MW v. WL

755 So. 2d 753, 2000 WL 314472

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1699276

Cited 3 times | Published

possible, to maintain sibling groups. See also § 39.001(k), Fla. Stat. (1997) (providing that the Department

Ag v. Dept. of Children & Family Serv.

716 So. 2d 792, 1998 WL 337892

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 424630

Cited 3 times | Published

Florida Statutes (Supp.1994). Furthermore, section 39.01(21) defines a disposition hearing as one in

Dept. of Children and Family v. Aa St. M.

706 So. 2d 367, 1998 WL 32213

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1682468

Cited 3 times | Published

conformity with its declared purpose. (emphasis added). § 39.001, Fla. Stat. (Supp.1996). Because the statute logically

Ly v. DEPT. OF HEALTH & REHAB.

696 So. 2d 430

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695937

Cited 3 times | Published

and 39.45, Florida Statutes, change our view. Section 39.01(10), Florida Statutes, defines children as individuals

JE v. State

676 So. 2d 39, 1996 WL 347010

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1317797

Cited 3 times | Published

custody and care needs of committed children." § 39.01(59), Fla.Stat. (1995). An increase in the level

Smith v. DHRS

665 So. 2d 1153

District Court of Appeal of Florida | Filed: Jan 12, 1996 | Docket: 1705105

Cited 3 times | Published

physical, mental or emotional health to be impaired." § 39.01(2), Fla. Stat. (1993). A child may be found to

Collucci v. DEPT. OF HEALTH & REHAB. SERV.

664 So. 2d 1142, 1995 WL 749620

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 1230308

Cited 3 times | Published

performance agreement with HRS, as defined in section 39.01, Florida Statutes. She later requested and received

Department of HRS v. PH

659 So. 2d 1375, 1995 WL 529195

District Court of Appeal of Florida | Filed: Sep 11, 1995 | Docket: 1462361

Cited 3 times | Published

reluctantly dismissed the petition for dependency. Section 39.01(10), Florida Statutes (1993), defining "dependent

State v. Davis

619 So. 2d 517, 1993 WL 208369

District Court of Appeal of Florida | Filed: Jun 16, 1993 | Docket: 1721788

Cited 3 times | Published

944.40 and is a felony of the third degree. Section 39.01(61) of the Florida Statutes defined restrictiveness

Caso v. DEPT. OF HEALTH & REHAB. SERVS.

569 So. 2d 466, 1990 WL 129711

District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 1190481

Cited 3 times | Published

Greenwood v. Oates, 251 So.2d 665 (Fla. 1971). Section 39.01(37), Florida Statutes (1989) states: (37) "Neglect"

In Interest of Dd

564 So. 2d 1224, 1990 Fla. App. LEXIS 5676, 1990 WL 107766

District Court of Appeal of Florida | Filed: Aug 1, 1990 | Docket: 1294623

Cited 3 times | Published

Finding that appellant met the criteria of section 39.01(46), Florida Statutes (Supp. 1988), the trial

Cc v. Dept, Hlt. & Reh. Servs.

556 So. 2d 416

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 1528344

Cited 3 times | Published

The statutory definition of abuse is found in section 39.01(2) and means "any willful act that results in

Lett v. Dept. of Health & Rehab. Serv.

547 So. 2d 328, 1989 WL 88837

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 1475191

Cited 3 times | Published

Interest of R.W., 495 So.2d 133 (Fla. 1986). Section 39.01, Florida Statutes, defines these terms as follows:

Manuel v. DHRS

537 So. 2d 1022, 1988 WL 132368

District Court of Appeal of Florida | Filed: Dec 15, 1988 | Docket: 1522512

Cited 3 times | Published

termination of parental rights pursuant to section 39.01, Florida Statutes, are important legal issues

In Interest of TS

511 So. 2d 435, 12 Fla. L. Weekly 2008, 1987 Fla. App. LEXIS 9891

District Court of Appeal of Florida | Filed: Aug 14, 1987 | Docket: 1338575

Cited 3 times | Published

insufficient to establish child abuse as defined by section 39.01(2), Florida Statutes (1985); second, that the

Anderson v. DEPT. OF H & R. SERVICES

482 So. 2d 491, 11 Fla. L. Weekly 246

District Court of Appeal of Florida | Filed: Jan 21, 1986 | Docket: 1769884

Cited 3 times | Published

to have committed child abuse as defined in section 39.01, or to have a substantiated indicated report

AO v. State

456 So. 2d 1173

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 1731915

Cited 3 times | Published

Appeal affirmed the adjudication of delinquency. Section 39.01(9), Florida Statutes (1981), defines a dependent

In Interest of RVF

437 So. 2d 713

District Court of Appeal of Florida | Filed: Aug 19, 1983 | Docket: 1256762

Cited 3 times | Published

according to the definition of "abandoned" in section 39.01, Florida Statutes (1981), the father had abandoned

State v. MM

407 So. 2d 987, 2 Educ. L. Rep. 314

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 467476

Cited 3 times | Published

was "a dependent child [within the purview of Section 39.01(9)(d)] for reason of ... persistent truancy"

RMP v. Jones

392 So. 2d 301

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1678225

Cited 3 times | Published

(Senate Bill 409, effective July 1, 1980, amending § 39.01(31), F.S.). Therefore, HRS concludes the Court

JC v. State

377 So. 2d 731

District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 1521748

Cited 3 times | Published

directions to discharge him. Reversed. NOTES [1] § 39.01(10), Fla. Stat. (1977). "`Delinquent child' means

Clements v. Banks

159 So. 2d 892

District Court of Appeal of Florida | Filed: Jan 21, 1964 | Docket: 423712

Cited 3 times | Published

juvenile court he is not considered as a parent. See: § 39.01(8), Fla. Stat., F.S.A. The appellant contends that

Guardian ad Litem Program ex rel. A.E. v. Department of Children & Families

207 So. 3d 1000, 2016 Fla. App. LEXIS 19324

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631915

Cited 2 times | Published

child remains in foster care longer than 1 year.” § 39.001(h), Fla. Stat. (2016). Allowing Mother more time

O.I.C.L., a Minor Child v. Florida Department of Children and Families

205 So. 3d 575, 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424429

Cited 2 times | Published

uncle, who qualified as a caregiver pursuant to section 39.01(10), Florida Statutes. Thus, the Fourth District

B.J. v. Department of Children & Families

190 So. 3d 191, 2016 WL 1578492, 2016 Fla. App. LEXIS 5960

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055576

Cited 2 times | Published

that the child “has been harmed,” as defined- in § 39.01(30)(k) and (l) 3 , and that the child

B.G. v. Department of Children & Families

189 So. 3d 305, 2016 WL 1446110, 2016 Fla. App. LEXIS 5607

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60254473

Cited 2 times | Published

court disposition before' or after adjudication.” § 39.01(70), Fla. Stat. (2015). In this pre-dispositional

Kevin Spencer v. United States

727 F.3d 1076, 2013 WL 4106367, 2013 U.S. App. LEXIS 16895

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2013 | Docket: 2902811

Cited 2 times | Published

range of performance and behavior.” Fla. Stat. § 39.01(43) (2002); see also DuFresne v. State

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’s placement is established in the record. See § 39.01(55), Fla. Stat. (2011) (stating that a “permanent

A.J. v. Department of Children & Families

97 So. 3d 985, 2012 WL 4449191, 2012 Fla. App. LEXIS 16179

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312077

Cited 2 times | Published

sufficient evidence of sexual abuse as defined by section 39.01, Florida Statutes (2010), and evidence that

Doe ex rel. Doe's Mother v. Sinrod

90 So. 3d 852, 2012 WL 1934498, 2012 Fla. App. LEXIS 8744

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60309662

Cited 2 times | Published

was abused under the definition provided by section 39.01(2), Florida Statutes,2 section 95.11(7) governs

A. H. v. Florida Department of Children & Family Services

85 So. 3d 1213, 2012 WL 1514435, 2012 Fla. App. LEXIS 6751

District Court of Appeal of Florida | Filed: May 1, 2012 | Docket: 60307070

Cited 2 times | Published

with or being returned to the child’s parent.” § 39.01(73), Fla. Stat. (2009). “ ‘[T]he “substantially

G.C. v. R.S.

71 So. 3d 164, 2011 Fla. App. LEXIS 14629

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302909

Cited 2 times | Published

discipline their children is legislatively recognized. § 39.01(2), Fla. Stat. (2010) (“Corporal discipline of

Parrish v. State

66 So. 3d 1030, 2011 Fla. App. LEXIS 11565, 2011 WL 3055393

District Court of Appeal of Florida | Filed: Jul 26, 2011 | Docket: 2361953

Cited 2 times | Published

the normal range of performance and behavior." § 39.01, Fla. Stat (2010); see DuFresne v. State, 826 So

AH v. Department of Children and Families

63 So. 3d 874, 2011 Fla. App. LEXIS 8445, 2011 WL 2279021

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2361177

Cited 2 times | Published

term, "the court." Under the definition in section 39.01(18) "the court," unless otherwise expressly

AH v. Department of Children and Families

63 So. 3d 874, 2011 Fla. App. LEXIS 8445, 2011 WL 2279021

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2361177

Cited 2 times | Published

term, "the court." Under the definition in section 39.01(18) "the court," unless otherwise expressly

In Re Jd

42 So. 3d 938, 2010 WL 3363381

District Court of Appeal of Florida | Filed: Aug 27, 2010 | Docket: 1148399

Cited 2 times | Published

"physical, mental or sexual injury" to the child. § 39.01(32)(i), (j), Fla. Stat. (2009). Here, the only

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

9 So. 3d 707, 2009 Fla. App. LEXIS 3248, 2009 WL 1025761

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 60309074

Cited 2 times | Published

allegation of abandonment. The 2006 version of section 39.01(1) defines abandonment as: a situation in which

In Re Ll-R.

9 So. 3d 707

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 2525604

Cited 2 times | Published

allegation of abandonment. The 2006 version of section 39.01(1) defines abandonment as: a situation in which

JR v. State, Dept. of Children and Families

995 So. 2d 611, 2008 Fla. App. LEXIS 17573, 2008 WL 4922953

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1285878

Cited 2 times | Published

abandonment under section 39.01(1), Florida Statutes, or neglect under section 39.01(43), Florida Statutes

Drudge v. City of Kissimmee

581 F. Supp. 2d 1176, 2008 U.S. Dist. LEXIS 73391, 2008 WL 4405145

District Court, M.D. Florida | Filed: Sep 25, 2008 | Docket: 1167771

Cited 2 times | Published

contained in a different statutory provision, section 39.01, and ruled them out one by one as potentially

Moore v. Pattin

983 So. 2d 663, 2008 WL 2185436

District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1686296

Cited 2 times | Published

when it does not result in harm to the child." § 39.01(2), Fla. Stat. Under the definition of harm, the

In Re TS

979 So. 2d 1202, 2008 WL 1830108

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1714446

Cited 2 times | Published

Mother, constituting dependency pursuant to section 39.01(14)(a), Florida Statutes (2006), and that each

Cw v. Dept. of Children and Family Servs.

944 So. 2d 1197, 2006 WL 3734342

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649480

Cited 2 times | Published

by the parent or parents or legal custodians." § 39.01(14)(f), Fla. Stat. (2006). Children who have not

LM v. Department of Children and Families

946 So. 2d 42, 2006 Fla. App. LEXIS 20786

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1771274

Cited 2 times | Published

kept her home in a deplorable condition. Under section 39.01, Florida Statutes, the definition of a dependent

In Re ST

940 So. 2d 571, 2006 WL 3040744

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 433130

Cited 2 times | Published

Mother: (1) abuse against D.Y., pursuant to section 39.01(2), Florida Statutes; and (2) prospective abuse

Dept. of Children and Family Servs. v. Aq

937 So. 2d 1156, 2006 WL 2520683

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 2541051

Cited 2 times | Published

responsibilities and constitutes abandonment under section 39.01, Florida Statutes (2005). In fact, on January

In Re BC

936 So. 2d 764, 2006 WL 2489095

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 1161759

Cited 2 times | Published

of a "child who is found to be dependent" in section 39.01(14)(f), Florida Statutes (2003), includes children

Ts v. Florida Dept. of Children and Fam.

935 So. 2d 626, 2006 WL 2285789

District Court of Appeal of Florida | Filed: Aug 10, 2006 | Docket: 1670915

Cited 2 times | Published

children served shall be of paramount concern." § 39.001(1)(b)1., Fla. Stat. (2005). The Supreme Court

JL v. Department of Children & Families

899 So. 2d 1254, 2005 Fla. App. LEXIS 5481, 2005 WL 906192

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 1353585

Cited 2 times | Published

or neglect by the parent or legal custodian. § 39.01(14)(f), Fla. Stat. (2002). "Abuse" means any willful

Pc v. Department of Children and Family

898 So. 2d 195, 2005 Fla. App. LEXIS 3275, 2005 WL 563087

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1732285

Cited 2 times | Published

risk of imminent abuse, abandonment, or neglect." § 39.01(14)(a), (f), Fla. Stat. (2003). Abandonment is

State, Department of Children & Family Services v. I.B.

891 So. 2d 1168, 2005 Fla. App. LEXIS 803

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 64835669

Cited 2 times | Published

remains in foster care for longer than 1 year,” § 39.001(l)(a), (l)(h), Fla. Stat. (2003), and say that

In Re CS

892 So. 2d 1155, 2005 WL 280318

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 471894

Cited 2 times | Published

grandfather for child support arrearages he owed. Section 39.01(1), Florida Statutes (2003) defines abandonment

JBPF v. Department of Children & Families

837 So. 2d 1108, 2003 WL 355084

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 537519

Cited 2 times | Published

and neglect and adjudicated A.P. dependent. See § 39.01(14), Fla. Stat. (2001). The Mother fought the adjudication

Lf v. Dept. of Children & Family Services

837 So. 2d 1098, 2003 Fla. App. LEXIS 1840

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1527564

Cited 2 times | Published

stepfather is neither a "parent" nor a "relative." See § 39.01(49), (60), Fla. Stat. (2002). Therefore, the foregoing

Lw v. Fla. Dept. of Children and Family Services

829 So. 2d 938

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 1733455

Cited 2 times | Published

child's mental, physical or emotional health. § 39.01(45), Fla. Stat. (2000); V.G.. We also affirm the

FG v. Dept. of Children and Families

820 So. 2d 1027, 2002 Fla. App. LEXIS 9449

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 1362694

Cited 2 times | Published

This order was signed on September 7, 2001. Section 39.01(45), Florida Statutes (1999), explains that

R.F. v. Florida Department of Children & Families

770 So. 2d 1189, 25 Fla. L. Weekly Supp. 811, 2000 Fla. LEXIS 1995

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64801606

Cited 2 times | Published

well-being of all children under the state’s care. § 39.001, Fla. Stat. (1997). Coextensive with this purpose

Sc v. Dept. of Children & Families

767 So. 2d 579, 2000 WL 1268817

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 475643

Cited 2 times | Published

welfare may support a finding of abandonment. § 39.01(1), Fla. Stat. (1997). Here, there simply is no

FR v. Department of Children & Families

763 So. 2d 478, 2000 WL 864262

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 1278629

Cited 2 times | Published

circumstances. There are two provisions of Section 39.01 that apply to this case: "Child who is found

FAT v. State

690 So. 2d 1347, 1997 WL 131595

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 436653

Cited 2 times | Published

Chapter 39 governing juvenile proceedings. First, section 39.01(28), Florida Statutes (1995), defines disposition

CM v. State

676 So. 2d 498

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 1317533

Cited 2 times | Published

"parent" did not include a legal guardian. See § 39.01(39), Fla. Stat. (1993) ("`Parent' means the natural

In Interest of Ac

660 So. 2d 330, 1995 WL 508906

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1641682

Cited 2 times | Published

the care, safety, and protection of children. § 39.001, Fla. Stat. (1991). While it seems absurd to terminate

Baby Eaw v. Jsw

647 So. 2d 918

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 1524757

Cited 2 times | Published

the first two sentences had long been part of section 39.01(1), as indeed the court in Doe itself observed

Bjm v. Dept. Health & Rehab. Serv.

627 So. 2d 512

District Court of Appeal of Florida | Filed: Sep 28, 1993 | Docket: 1529887

Cited 2 times | Published

the child and the best interests of the state." § 39.001(2)(d), Fla. Stat. (1991). B.J.M. has alleged that

TJ v. State

619 So. 2d 425, 1993 WL 186551

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1721807

Cited 2 times | Published

delinquency by the state attorney" (emphasis added). Section 39.01(9) states: "`Child who has been found to have

In Interest of DM

616 So. 2d 1192, 1993 WL 120832

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 1368123

Cited 2 times | Published

rejected the natural mother's argument that section 39.01(26), Florida Statutes (1981), under which her

In Interest of DM

616 So. 2d 1192, 1993 WL 120832

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 1368123

Cited 2 times | Published

rejected the natural mother's argument that section 39.01(26), Florida Statutes (1981), under which her

RAH v. State

614 So. 2d 1189, 1993 WL 48167

District Court of Appeal of Florida | Filed: Feb 26, 1993 | Docket: 449231

Cited 2 times | Published

delinquents that is operated by the department." § 39.01(25), Fla. Stat. (1991). [2] Section 39.112 provides:

In Interest of SMB

597 So. 2d 848, 1992 WL 59254

District Court of Appeal of Florida | Filed: Mar 30, 1992 | Docket: 1704827

Cited 2 times | Published

resulted in emotional abuse to S.B. and S.M.B. Section 39.01(2), Florida Statutes (Supp. 1990), reads: "`Abuse'

In Interest of Ls

592 So. 2d 802, 1992 Fla. App. LEXIS 761, 1992 WL 16666

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 2578618

Cited 2 times | Published

part, founded on the court's interpretation of section 39.01(10), concluding that the statute's use of the

State v. Butler

587 So. 2d 1391, 1991 WL 217858

District Court of Appeal of Florida | Filed: Oct 29, 1991 | Docket: 1405862

Cited 2 times | Published

State of Florida is the property of the state... ." § 39-1.002, Fla. Admin. Code. While that is a correct

Dupes v. STATE, DEPT. OF HEALTH & REHAB SERV.

536 So. 2d 311, 1988 WL 134409

District Court of Appeal of Florida | Filed: Dec 19, 1988 | Docket: 1759891

Cited 2 times | Published

society, as evidenced by language found in section 39.001(2), which speaks of the necessity for removal

Smith v. Fernandez

520 So. 2d 654, 1988 WL 12525

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1300286

Cited 2 times | Published

to provide for and communicate with the child. § 39.01, Fla. Stat. (1985). [3] custodial parent of a

Smith v. Fernandez

520 So. 2d 654, 1988 WL 12525

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1300286

Cited 2 times | Published

to provide for and communicate with the child. § 39.01, Fla. Stat. (1985). [3] custodial parent of a

In Interest of JD

510 So. 2d 623, 41 Educ. L. Rep. 389, 12 Fla. L. Weekly 1594, 1987 Fla. App. LEXIS 9115

District Court of Appeal of Florida | Filed: Jun 30, 1987 | Docket: 1589026

Cited 2 times | Published

of a handicapped child's education"). [5] Section 39.01(9). [6] "[O]nce a child has been lawfully declared

Jm v. State, Dept. of Health

479 So. 2d 826, 10 Fla. L. Weekly 2785

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 463679

Cited 2 times | Published

met because abuse was proven as defined in section 39.01(2), Florida Statutes (1983). That latter section

Wright v. State

409 So. 2d 1183

District Court of Appeal of Florida | Filed: Feb 17, 1982 | Docket: 158879

Cited 2 times | Published

to be a dependent of the state pursuant to Section 39.01(9)(a), Florida Statutes (Supp. 1980). No useful

G. K. D. v. State

391 So. 2d 327, 1980 Fla. App. LEXIS 18237

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 64579249

Cited 2 times | Published

pursuant to Chapter 39, Florida Statutes. See § 39.01(8) and 39.10(2). We accordingly affirm. ERVIN and

Moss v. Weaver

383 F. Supp. 130, 1974 U.S. Dist. LEXIS 6942

District Court, S.D. Florida | Filed: Aug 30, 1974 | Docket: 2095178

Cited 2 times | Published

Florida's Juvenile Justice System. See Fla.Stat.Ann. § 39.01 (10) and (11). Plaintiffs emphasize that they are

In Interest of KSK

294 So. 2d 50

District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 1425500

Cited 2 times | Published

was a dependent child within the meaning of Section 39.01(10), Florida Statutes, F.S.A., the trial court

In Interest of JN

279 So. 2d 50

District Court of Appeal of Florida | Filed: Jun 8, 1973 | Docket: 1522174

Cited 2 times | Published

to be a delinquent child within the meaning of § 39.01(11) and (12)(b), F.S. 1971, F.S.A. By the same

Stewart v. State

221 So. 2d 155

District Court of Appeal of Florida | Filed: Apr 8, 1969 | Docket: 1202566

Cited 2 times | Published

who are destitute, homeless, neglected, etc., § 39.01 Fla. Stat. F.S.A. Thus, we cannot accept this argument

State Department of Public Welfare v. Galilean Children's Home

102 So. 2d 388, 1958 Fla. App. LEXIS 2816

District Court of Appeal of Florida | Filed: May 2, 1958 | Docket: 60189988

Cited 2 times | Published

In the chapter treating of juvenile courts, Section 39.01(10), Fla.Stat.1955, F.S.A. cites a dependent

State Ex Rel. Watson v. Rogers

86 So. 2d 645

Supreme Court of Florida | Filed: Mar 16, 1956 | Docket: 431956

Cited 2 times | Published

them (minors) as dependent or delinquent. F.S. § 39.01(10), F.S.A., defines dependent child as one "who

STATE OF FLORIDA v. I.J., A CHILD

258 So. 3d 473

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146146

Cited 1 times | Published

rehabilitation needs of the child[.]’” Id. (quoting § 39.001(1)(c), Fla. Stat. (1995)). The court also explained:

B.S., Grandmother of P.S.A. and W.H.A., etc. v. Department of Children and Families

246 So. 3d 479

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375140

Cited 1 times | Published

child remains in foster care longer than 1 year.” § 39.001(1)(h), Fla. Stat. Adoptions are governed

Brenda L Morris v. State of Florida

228 So. 3d 670

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6182924

Cited 1 times | Published

State, 828 So.2d 1012, 1020 (Fla. 2002)). See also § 39.01(2), Fla. Stat. (drawing a distinction between non-abusive

J.R-P. v. Department of Children & Families

228 So. 3d 628, 2017 WL 4393239

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163426

Cited 1 times | Published

necessity of filing a motion'to intervene. § 39.01(50), Fla. Stat. (2013). The trial court granted

W.D. v. Archdiocese of Miami, Inc. Archdiocese of Miami, a Corporation Sole Archbishop Wenski, etc.

197 So. 3d 584, 2016 WL 3065748, 2016 Fla. App. LEXIS 8343

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071343

Cited 1 times | Published

provide for abuse by an institution. Rather, section 39.01 outlines separate subsections for definitions

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

162 So. 3d 335, 2015 Fla. App. LEXIS 4764

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679426

Cited 1 times | Published

convincing that A.S. abandoned J.A. as defined in section 39.01(1), Florida Statutes (2014), and within the

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

162 So. 3d 335, 2015 Fla. App. LEXIS 4764

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679426

Cited 1 times | Published

convincing that A.S. abandoned J.A. as defined in section 39.01(1), Florida Statutes (2014), and within the

Department of Children And Families and A.H., a child v. T.S., the Mother and R.H., the Father

154 So. 3d 1223, 2015 Fla. App. LEXIS 696

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626286

Cited 1 times | Published

their constitutional and other legal rights.” § 39.001(1X0, Fla. Stat. (2014). Procedural due process

Seilkop v. Barker

148 So. 3d 865, 2014 Fla. App. LEXIS 17661, 2014 WL 5462419

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60243642

Cited 1 times | Published

emotional health to be significantly impaired.” § 39.01(44), Fla. Stat. (2013); see also K.R. v. Dep’t

E.H., the mother v. Department of Children and Families

147 So. 3d 616, 2014 Fla. App. LEXIS 14009, 2014 WL 4426331

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185608

Cited 1 times | Published

child was “at substantial risk of imminent abuse.” § 39.01(15)(f), Fla. Stat. (2013). The Department responds

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

106 So. 3d 976

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60228516

Cited 1 times | Published

the case plan have been significantly remedied.” § 39.01(73); cf. N.F. v. Dep’t of Children & Family Servs

Sm v. Rm

82 So. 3d 163, 2012 WL 716142

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2415742

Cited 1 times | Published

issuing an order to take the child into custody. Section 39.01(68), Florida Statutes (2011), defines "shelter"

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

83 So. 3d 883, 2012 WL 246466, 2012 Fla. App. LEXIS 1089

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 60306521

Cited 1 times | Published

to challenge this order regarding placement. Section 39.01(51), Florida Statutes (2010), defines “party”

In Re GM, Jr.

71 So. 3d 924, 2011 WL 4809058

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2352188

Cited 1 times | Published

evidence of abandonment, abuse, or neglect. Section 39.01(1) provides that "[t]he incarceration of a parent

In Re GM, Jr.

71 So. 3d 924, 2011 WL 4809058

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2352188

Cited 1 times | Published

evidence of abandonment, abuse, or neglect. Section 39.01(1) provides that "[t]he incarceration of a parent

Gc v. Rs

71 So. 3d 164, 2011 WL 4104731

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2356634

Cited 1 times | Published

discipline their children is legislatively recognized. § 39.01(2), Fla. Stat. (2010) ("Corporal discipline of

LK v. Department of Children and Families

62 So. 3d 1241, 2011 Fla. App. LEXIS 8953, 2011 WL 2334877

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2364516

Cited 1 times | Published

Department alleged abandonment, pursuant to section 39.01(1) of the Florida Statutes, as its only ground

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

62 So. 3d 1261, 2011 Fla. App. LEXIS 8931, 2011 WL 2506044

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2361421

Cited 1 times | Published

dependency adjudication of D.O. for that harm. See § 39.01(15)(f), (32), Fla. Stat. (2009). At the hearing

Burrows v. State

62 So. 3d 1258, 2011 Fla. App. LEXIS 8954, 2011 WL 2498113

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 401239

Cited 1 times | Published

titled "Proceedings Relating to Children." Section 39.01(42), Florida Statutes (2008), defines "mental

C.J. v. State

58 So. 3d 392, 2011 Fla. App. LEXIS 5123

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299352

Cited 1 times | Published

sufficient to prove dependency pursuant to section 39.01(15), Florida Statutes (2010). See Dep’t of Children

State v. Nowlin

50 So. 3d 79, 2010 Fla. App. LEXIS 19006, 2010 WL 5072109

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297358

Cited 1 times | Published

articulating a reason, the court looked to section 39.01(47), Florida Statutes (2009), which for purposes

AVC v. Department of Children & Family Services

41 So. 3d 1116

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 2588383

Cited 1 times | Published

and ROTHENBERG, JJ. PER CURIAM. Affirmed. See § 39.01(15)(f), Fla. Stat. (2009); C.J. v. Dep't of Children

RA v. Department of Children and Families

30 So. 3d 722, 2010 Fla. App. LEXIS 4483, 2010 WL 1240978

District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 1121564

Cited 1 times | Published

with or being returned to the child's parent." § 39.01(71), Fla. Stat. (2007) (emphasis added); see E

BT v. Department of Children and Families

16 So. 3d 940, 2009 Fla. App. LEXIS 12571, 2009 WL 2605254

District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1640921

Cited 1 times | Published

sentence, with a release date of July 4, 2011. Section 39.01(1), Florida Statutes (2008) defines abandonment

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

11 So. 3d 1013, 2009 Fla. App. LEXIS 9438, 2009 WL 1975940

District Court of Appeal of Florida | Filed: Jul 10, 2009 | Docket: 60229909

Cited 1 times | Published

abandonment or neglect, or imminent risk thereof. See § 39.01(14)(a), (f), Fla. Stat. (2007). The record supports

In Re JP

12 So. 3d 253, 2009 WL 1262393

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 1646750

Cited 1 times | Published

intervene as a participant in accordance with section 39.01(49) and Florida Rule of Juvenile Procedure 8

TG v. Department of Children and Families

8 So. 3d 1198, 2009 Fla. App. LEXIS 3448, 2009 WL 1066066

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1654175

Cited 1 times | Published

for abandonment. "Abandonment" is defined in section 39.01(1), Florida Statutes (2006). Under the statutory

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

6 So. 3d 643, 2009 Fla. App. LEXIS 1498

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 60299792

Cited 1 times | Published

in “substantial compliance,” as defined in section 39.01(71), it had to determine whether the problems

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

a willful rejection of parental obligations.” § 39.01(1). The Department is required to prove its case

Mahmood v. Mahmood

15 So. 3d 1, 2009 Fla. App. LEXIS 572, 2009 WL 187807

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1660303

Cited 1 times | Published

terms in section 39.01 which have a meaning specific to Chapter 39 proceedings. See § 39.01(1), (2),

MC v. Department of Children and Families

993 So. 2d 1123, 2008 WL 4753757

District Court of Appeal of Florida | Filed: Oct 28, 2008 | Docket: 469366

Cited 1 times | Published

imminent abuse or neglect as provided for in section 39.01(14)(f), Florida Statutes (2007), because there

Es v. Florida Dept. of Children and Fam.

984 So. 2d 647, 2008 WL 2491663

District Court of Appeal of Florida | Filed: Jun 24, 2008 | Docket: 1686124

Cited 1 times | Published

be in danger of being significantly impaired." § 39.01(43), Fla. Stat. (2006). Here, the court found that

In Re Ja

984 So. 2d 618, 2008 WL 2388898

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 1239908

Cited 1 times | Published

imminent abuse, abandonment, or neglect by B.A. See § 39.01(14)(f), Fla. Stat. (2007); R.F. v. Fla., Dep't

Garrett v. State

978 So. 2d 214, 2008 WL 817911

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 445660

Cited 1 times | Published

court to use that definition borrowed from section 39.01(30)(a)(4)e., Florida Statutes (2004).[1] We

Jo v. Dept. of Children and Family Servs.

970 So. 2d 395, 2007 Fla. App. LEXIS 17718, 2007 WL 3274708

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1695153

Cited 1 times | Published

definition of a dependent child as defined in section 39.01(14), Florida Statutes (2004), which provides

SK v. Department of Children and Families

959 So. 2d 1209, 2007 Fla. App. LEXIS 9529, 2007 WL 1756850

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1525738

Cited 1 times | Published

has abandoned the child as defined in Florida Statute 39.01(1) in that the father, while being able

LH v. Department of Children and Family Services

957 So. 2d 714, 2007 Fla. App. LEXIS 8907, 2007 WL 1610166

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 125649

Cited 1 times | Published

she abandoned her minor child as defined by section 39.01(1), Florida Statutes (2005). See T.P. v. Dep't

L.A.G. v. Department of Children & Family Services

963 So. 2d 725, 2007 Fla. App. LEXIS 5293, 2007 WL 1062435

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 64851999

Cited 1 times | Published

with or being returned to the child’s parent.” § 39.01(71), Fla. Stat. (2006). The termination hearing

In the Interest of T.B. v. Department of Children & Family Services

939 So. 2d 1192, 2006 Fla. App. LEXIS 17647, 2006 WL 3019864

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847374

Cited 1 times | Published

see § 39.01(14)(a), Fla. Stat. (2004), and retain findings as to prospective- neglect, see § 39.01(14)(f)

Guardian Ad Litem Program v. DCF

936 So. 2d 1183, 2006 WL 2451684

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1650986

Cited 1 times | Published

denial of this order, particularly in view of section 39.001(1)(k), Florida Statutes (2005), instructing

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

937 So. 2d 709, 2006 Fla. App. LEXIS 13812

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 64846710

Cited 1 times | Published

abandonment, or neglect by the parent or parents.” § 39.01(14)(a), (f), Fla. Stat. (2004). “Abuse” is defined

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

935 So. 2d 1245, 2006 Fla. App. LEXIS 13592, 2006 WL 2345791

District Court of Appeal of Florida | Filed: Aug 15, 2006 | Docket: 64846170

Cited 1 times | Published

constitutional and other legal rights”) (quoting § 39.001(l)(i), Fla. Stat. (Supp.1998)), that an evidentiary

ME v. Florida Department of Children and Families

919 So. 2d 637, 2006 Fla. App. LEXIS 801, 2006 WL 167990

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1269843

Cited 1 times | Published

parent has abandoned the child as defined in section 39.01(1), Florida Statutes (2004), if the parent,

HG v. Department of Children & Families

916 So. 2d 1006, 2006 Fla. App. LEXIS 1426, 2006 WL 12944

District Court of Appeal of Florida | Filed: Jan 4, 2006 | Docket: 1659719

Cited 1 times | Published

home." *1009 § 39.522(2), Fla. Stat. (2003). Section 39.01(68) defines "substantial compliance" as: [T]he

State v. Christie

939 So. 2d 1078, 2005 WL 2861101

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1657425

Cited 1 times | Published

that section was read in pari materia with section 39.01(47), Florida Statutes (2003).[1] The State responded

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1293, 2005 U.S. Dist. LEXIS 35527, 2005 WL 1684402

District Court, N.D. Florida | Filed: Jul 18, 2005 | Docket: 2241562

Cited 1 times | Published

of families and children, see, e.g., Fla. Stat. § 39.001(1)(b) (among other things, the purpose of Florida's

PP v. Department of Children and Families

889 So. 2d 91, 2004 WL 2600514

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1742899

Cited 1 times | Published

months or more pursuant to § 39.806(1)(e) and § 39.01(1) and (45), Florida Statutes (2003)." Further

RM v. Department of Children and Families

877 So. 2d 797, 2004 WL 1486038

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1684485

Cited 1 times | Published

child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. Once such a probable cause finding

RM v. Department of Children and Families

877 So. 2d 797, 2004 WL 1486038

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1684485

Cited 1 times | Published

child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. Once such a probable cause finding

PM v. Dept. of Children and Families

865 So. 2d 8, 2003 Fla. App. LEXIS 19245, 2003 WL 22970867

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1231691

Cited 1 times | Published

for the allegations of sexual abuse. Under section 39.01(63), "sexual abuse of a child" includes the

Dcf v. Gm

816 So. 2d 830

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753396

Cited 1 times | Published

consent to the surgery on L.B.'s behalf. Under section 39.01(70), Florida Statutes (2001), DCF has "the right

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

neglect to the child's sibling, as is required by section 39.01(11) of the Florida Statutes to establish dependency

MB v. Department of Children and Families

785 So. 2d 1240

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 450189

Cited 1 times | Published

the neglect and mistreatment prohibited by section 39.01(14)(a), Florida Statutes. There is no indication

Mf v. Dept. of Juvenile Justice

782 So. 2d 402, 2000 Fla. App. LEXIS 5545, 2000 WL 561839

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 456386

Cited 1 times | Published

adjudication of dependency had to be dismissed. See § 39.01, Fla. Stat. (1997). However, I believe an alternative

MW v. Davis

722 So. 2d 966, 1999 WL 2801

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1669250

Cited 1 times | Published

without court approval, including medical care. Section 39.01(70) limits that care, though, to "ordinary medical

State v. EDP

724 So. 2d 1144, 1998 WL 696947

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 1733875

Cited 1 times | Published

other local community nonresidential programs. § 39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added)

Department of Children & Families v. MB

717 So. 2d 607, 1998 WL 635072

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1681403

Cited 1 times | Published

is equivalent to a dependency finding under section 39.01(36), Florida Statutes, which defines neglect

State v. SCW

718 So. 2d 320, 1998 WL 615490

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1146406

Cited 1 times | Published

(1995). [4] See § 985.03(29), Fla. Stat.(1997); § 39.001(33), Fla. Stat. (1995). [5] See § 985.211(2)(a)

TS v. State

682 So. 2d 1202, 1996 WL 656407

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1680856

Cited 1 times | Published

noninstitutional quarters or to the child's home. § 39.01(16), Fla.Stat. (1995). Electronic monitoring is

State v. JC

677 So. 2d 959, 1996 WL 426420

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1248730

Cited 1 times | Published

"taken into custody" within the meaning of section 39.01(51), Florida Statutes (1993), and the delinquency

Hroncich v. Department of Health

667 So. 2d 804, 1995 WL 703617

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 158046

Cited 1 times | Published

proved Veronica was neglected by Hroncich. Section 39.01(37) provides a description of neglect. `Neglect'

B.H. v. State

645 So. 2d 987, 46 A.L.R. 5th 877, 19 Fla. L. Weekly Supp. 610, 1994 Fla. LEXIS 1842

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 64752332

Cited 1 times | Published

that there shall be no more than eight levels. § 39.01(61), Fla.Stat. (Supp.1990). In D.P., the First

In the Interest of S.J.

639 So. 2d 183, 1994 Fla. App. LEXIS 6600, 1994 WL 316651

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749554

Cited 1 times | Published

settled purpose to assume parental duties, see section 39.01, and that the efforts he did make were marginal

In re Amendments to the Florida Rules of Juvenile Procedure

608 So. 2d 478, 17 Fla. L. Weekly Supp. 709, 1992 Fla. LEXIS 1869, 1992 WL 319938

Supreme Court of Florida | Filed: Nov 5, 1992 | Docket: 64692020

Cited 1 times | Published

agreement/permanent placement plan..., as defined in section 39.01, Florida Statutes, was offered to the parents;

AA v. State

605 So. 2d 106, 1992 WL 193018

District Court of Appeal of Florida | Filed: Aug 13, 1992 | Docket: 1702218

Cited 1 times | Published

"nonresidential, residential, and secure residential." Section 39.01(61) Fla. Stat. (Supp. 1990). Moreover, because

DHRS v. State

599 So. 2d 123

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 1483917

Cited 1 times | Published

contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare § 39.01(9), Fla. Stat. (1989). The new contempt provision

ANJ v. State

554 So. 2d 531, 1989 WL 104008

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1693399

Cited 1 times | Published

followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that

In the Interest of R.H.

516 So. 2d 324, 1987 Fla. App. LEXIS 11486, 1987 WL 2587

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 64631361

Cited 1 times | Published

insufficient to support a finding of neglect under section 39.01(27), Florida Statutes (1985), and, accordi:

AO v. State

433 So. 2d 22

District Court of Appeal of Florida | Filed: Jun 14, 1983 | Docket: 1727582

Cited 1 times | Published

be adjudicated delinquent. It is true that Section 39.01(9), Florida Statutes (1981) provides that truancy

State v. MTS

408 So. 2d 662

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 1448651

Cited 1 times | Published

Interest of A. Z. v. State

383 So. 2d 934, 1980 Fla. App. LEXIS 16191

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 64576240

Cited 1 times | Published

entitled to procedures to insure a fair hearing, § 39.001(2)(d).

DTH v. State

348 So. 2d 1155

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 1760681

Cited 1 times | Published

County, upholding the constitutional validity of Section 39.01(11), Florida Statutes, thereby vesting jurisdiction

State v. D. H.

340 So. 2d 1163, 1976 Fla. LEXIS 4591

Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 64556504

Cited 1 times | Published

of the term “delinquent child” as defined by Section 39.01(12), Florida Statutes: “ ‘Delinquent child’

KM v. State

277 So. 2d 577

District Court of Appeal of Florida | Filed: May 4, 1973 | Docket: 1730455

Cited 1 times | Published

Stat. § 26.012 (2)(c), F.S.A., and Fla. Stat. § 39.01(1), F.S.A., which implement the new language of

State v. R. E. F.

251 So. 2d 672, 1971 Fla. App. LEXIS 7088

District Court of Appeal of Florida | Filed: Aug 17, 1971 | Docket: 64521817

Cited 1 times | Published

being a delinquent child as defined in F.S. Section 39.01(11), F.S.A., as follows: “‘Delinquent child’

Y.T., the Father v. Department of Children and Families

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098934

Published

adjudicating his minor child dependent under section 39.01, Florida Statutes (2024). The base

Department of Children and Families and Guardian Ad Litem v. K.W., and D.G., Parents of A.W., A.G., and D.G., Children

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70961545

Published

failed to protect the children pursuant to section 39.01(37)(j), Florida Statutes. In all other respects

Florida Department of Corrections v. Andrew Campbell

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962114

Published

723, 729 (Fla. 4th DCA 1988) (explaining that section 39.001(2)(b) and (c) impose a duty of care on HRS

B.D. and T.D. v. C.D.

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 69899483

Published

grandparents’ due process claim, we first note section 39.01(60), Florida Statutes (2024), allows the actual

B.D. and T.D. v. C.D.

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 69899481

Published

grandparents’ due process claim, we first note section 39.01(60), Florida Statutes (2024), allows the actual

E.P., Etc. v. Department of Children and Families

District Court of Appeal of Florida | Filed: May 9, 2025 | Docket: 69844249

Published

motions to dismiss submitted by the appellees. See § 39.01(12), Fla. Stat. (defining “child” and “youth” to

B.D. and T.D. v. C.D.

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899481

Published

they were denied due process, we first note section 39.01(60), Florida Statutes (2024), allows the actual

B.D. and T.D. v. C.D.

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899481

Published

they were denied due process, we first note section 39.01(60), Florida Statutes (2024), allows the actual

B.D. and T.D. v. C.D.

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899483

Published

they were denied due process, we first note section 39.01(60), Florida Statutes (2024), allows the actual

Charles Bechert, III v. Luciana Surban Bechert O/B/o, O.B.

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864392

Published

discipline of a child by a parent.” Id. (citing § 39.01(2), Fla. Stat.). After reviewing the record evidence

Guardian Ad Litem and Department of Children and Families v. L.W., Mother of A.S., a Child and V.S., Father of A.S., a Child

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69738943

Published

return of the children into the home. § 39.01(2), Fla. Stat. (2024). Florida Rule of Juvenile

S.B., the Mother v. Department of Children and Families

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705890

Published

findings of imminent harm, as required by section 39.01(15)(f), Florida Statutes. The trial court held

Florida Department of Children and Families v. Foster Parents of K.J.

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651964

Published

party status, with limited exceptions. See, e.g., § 39.01(58), Fla. Stat. (2023).1 The limited exception

K. M. G., Statewide v. Heart of Adoptions, Inc., Department of Children and Families

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435178

Published

dental, psychiatric, and psychological care." § 39.01(39); see § 63.032(11) (incorporating by reference

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155443

Published

Florida, amended the definition of “party” in section 39.01(61), Florida Statutes (2023), by removing the

O.M., The Father v. Department of Children & Families

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553303

Published

risk of imminent abuse, abandonment, or neglect.” § 39.01(14)(a), (f), Fla. Stat. (2023). To the extent

J. F. v. DEPARTMENT OF CHILDREN & FAMILIES AND STATEWIDE GUARDIAN AD LITEM

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68443713

Published

imminent abuse, abandonment, or neglect”), with § 39.01(14), Fla. Stat. (defining dependent child as, inter

GUARDIAN AD LITEM STATEWIDE v. DEPARTMENT OF CHILDREN & FAMILIES, A. A., THE MOTHER AND J. H., THE FATHER

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 68322326

Published

authority to seek relief on K.H.’s behalf. See § 39.01(58), Fla. Stat. (2022) (defining “party” in the

DEPT OF CHILDREN AND FAMILIES, STATE OF FLORIDA AND THE GUARDIAN AD LITEM OFFICE v. J. B., MATERNAL GREAT-AUNT OF K. M.

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290063

Published

program has been appointed, and the child." § 39.01(58), Fla. Stat. (2023); see also Fla. R. Juv. P

GUARDIAN AD LITEM STATEWIDE v. S. S. AND B. S., PROSPECTIVE ADOPTIVE PARENTS, AND DEPT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249553

Published

Parents were not a party to the action under section 39.01(58), Florida Statutes (2023), and thus lacked

M.K. and JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Department of Children & Families

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68042701

Published

TPR petition, making her a party pursuant to section 39.01(58), Florida Statutes (2022), and Florida Rule

J.M. v. Department of Children and Families

District Court of Appeal of Florida | Filed: Nov 27, 2023 | Docket: 68033828

Published

of a parent to be a parent to that child. See § 39.001(1), Fla. Stat. (enumerating the purposes of the

HAYET NASER MOLINA v. ALFREDO JOSE SALVI FUENMAYOR

District Court of Appeal of Florida | Filed: Nov 1, 2023 | Docket: 67934542

Published

seen her mother 3 Abandonment is defined in § 39.01(1), in relevant part, as follows:

DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM vs R.V. A/K/A R.N., MOTHER OF B.N., A CHILD

District Court of Appeal of Florida | Filed: Oct 19, 2023 | Docket: 68034111

Published

been or is likely to be severely compromised.” § 39.01(34)(g)2., Fla. Stat. (2022). Accordingly, we reverse

GUARDIAN AD LITEM, K.F. AND J.F., ADOPTIVE PARENTS OF RA.W. vs DEPARTMENT OF CHILDREN AND FAMILIES, R.W., JR., AND T.W., BIOLOGICAL/FORMER PARENTS, R.W., SR., AND C.W., MATERNAL GRANDPARENTS/ADOPTIVE PARENTS OF R.W., III

District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 66863863

Published

grandparents legally adopted R.W. III. Under section 39.01(56), Florida Statutes (2021), if a child is

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

expedited timeframe in other contexts. See, e.g., § 39.001(1)(h), Fla. Stat. (2023) (stating that one of

DEPARTMENT OF CHILDREN AND FAMILIES AND STATEWIDE GUARDIAN AD LITEM vs J.J., FATHER OF E.J., AND C.J., CHILDREN

District Court of Appeal of Florida | Filed: Jul 24, 2023 | Docket: 68034426

Published

for Dependency for the Children pursuant to section 39.01(14)(a), (e), and (f), Florida Statutes.

B.W., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419165

Published

abuse, abandonment, or neglect” by the mother. § 39.01(14)(a), (f), Fla. Stat. (2021); see also C.W.,

DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM vs D.H.C. AND W.A.H., PARENTS OF L.H., A.H., AND S.H., CHILDREN

District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 68034618

Published

return of the children into the home. § 39.01(2), Fla. Stat. (2022) (emphasis added).

K.N. and D.N. v. DEPARTMENT OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 66795956

Published

Statutes (2021). T.R.-B., 335 So. 3d at 733; see also § 39.01(58), Fla. Stat. (2021) (defining “party” as “the

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 65358325

Published

trafficking as provided in s. 787.06(3)(g).” See § 39.01(77)(g), Fla. Stat. (2018). 1 Moreover, section

JOHN DOE 1 v. ARCHDIOCESE OF MIAMI, INC.

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 63180115

Published

and not by institutions. We disagree. Section 39.01 is the definitions section for Chapter 39 “Proceedings

K.N. and D.N. v. DEPARTMENT OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795956

Published

Fla. R. Juv. P. 8.210 (emphasis added); see also § 39.01(57), (58), Fla. Stat. (2022). With respect

DEPARTMENT OF CHILDREN AND FAMILIES vs S.T., PATERNAL AUNT, AND P.K., PATERNAL GRANDFATHER

District Court of Appeal of Florida | Filed: Dec 30, 2022 | Docket: 68034876

Published

program has been appointed." Additionally, section 39.01(58), Florida Statutes (2021), defines the term

STATE OF FLORIDA vs CILVIS C. WOODSON

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 65417094

Published

defined an “imminent” risk of child abuse under section 39.01, Florida Statutes, as a danger “about to occur”

STATE OF FLORIDA vs CILVIS C. WOODSON

District Court of Appeal of Florida | Filed: Oct 14, 2022 | Docket: 65417094

Published

defined an “imminent” risk of child abuse under section 39.01, Florida Statutes, as a danger “about to occur”

S.H., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES,et al.

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404734

Published

. . . being returned to the child’s parent.” § 39.01(84), Fla. Stat. (2021). This ground comes with

J.W., FATHER OF J.W., Z.R.W., AND Z.W., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: May 3, 2022 | Docket: 65404748

Published

reasonably resulted in serious injury to the child. See § 39.01(35)(i), Fla. Stat. (2019). We reverse the

K.D. v. IN RE: IN THE INTEREST OF P.P., R.P., and L.P.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180096

Published

children in our state is of paramount concern. See § 39.001(b)1., Fla. Stat. (“The health and safety of the

T.R.-B. v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jan 26, 2022 | Docket: 62628739

Published

appointed.” Fla. R. Juv. P. 8.210(a); see also § 39.01(58), Fla. Stat. (2021). Participants are defined

G.C., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62217976

Published

restrictive means to protect K.C. from harm. See § 39.01(84) Fla. Stat. (2021)(“‘Substantial compliance’

B.V., Father of E.E.V., A Minor Child v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 17, 2021 | Docket: 60393526

Published

is contrary to the purpose of the chapter. See § 39.001(1)(h), Fla. Stat. (A purpose of this chapter is

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

essence for permanency of the children. See, e.g., § 39.001(1)(h), Fla. Stat. (2019) (policy to ensure that

C.P., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60057005

Published

positive relationship with the child, or both.” § 39.01(1), Fla. Stat. (2020). To “establish or maintain

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.970(a)-(f)

Supreme Court of Florida | Filed: Jun 10, 2021 | Docket: 59974791

Published

who qualifies as “fictive kin.” As defined in section 39.01, Florida Statutes, fictive kin means a person

M.K., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739257

Published

2 107, 116 (Fla. 4th DCA 2019) (quoting § 39.01(77), Fla. Stat. (2016)).1 Applying that definition

L.C.A., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739242

Published

with or being returned to the child’s parent.” § 39.01(84), Fla. Stat. Recognizing “that most families

C.J., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241582

Published

or at imminent risk of neglect as defined in section 39.01(50), Florida Statutes (2020). We disagree.

E.H., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45653801

Published

challenged only two of the statutory grounds—(1) section 39.01(35)(g)2., which pertains to “harm” “to a child’s

Acrylicon USA, LLC v. Silikal GMBH

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 2021 | Docket: 43326014

Published

Restatement (Third) of Restitution and Unjust Enrichment § 39(1). The Restatement’s comments make clear that §

Acrylicon USA, LLC v. Silikal GMBH

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 2021 | Docket: 58963037

Published

Restatement (Third) of Restitution and Unjust Enrichment § 39(1). The Restatement’s comments make clear that §

S.C., Father of H.L.S., A Minor Child v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 1, 2020 | Docket: 18197423

Published

the statutory definition for abandonment. See § 39.01(1), Fla. Stat. (2019). Additionally, the court

DEPT. OF CHILDREN & FAMILIES v. F.A.P., The Mother

District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16891209

Published

as the parents’ delay in seeking treatment. See § 39.01(15)(a), Fla. Stat. (defining a dependent child

DEPT. OF CHILDREN & FAMILIES v. F.A.P., The Mother

District Court of Appeal of Florida | Filed: Feb 26, 2020 | Docket: 16891209

Published

as the parents’ delay in seeking treatment. See § 39.01(15)(a), Fla. Stat. (defining a dependent child

M. S. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503202

Published

abandonment, or neglect by the parent or parents." § 39.01(15)(f). Abuse is defined in part as "any

DEPT. OF CHILDREN & FAMILIES v. S. M. AND R. F.

District Court of Appeal of Florida | Filed: Nov 22, 2019 | Docket: 16503207

Published

emotional health to be significantly impaired." § 39.01(2). Sexual abuse of a child is defined as "[t]he

K. E. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Nov 8, 2019 | Docket: 16445595

Published

abandonment, or neglect.' " (citing § 39.01(15)(a), (f), Fla. Stat. (2015))). As additional

Q.L., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211761

Published

with or being returned to the child’s parent.” § 39.01(77), Fla. Stat. (2016). The “circumstances which

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

remains in foster care for more than one year. § 39.001(1)(h), Fla. Stat. (2018). Clearly, at the time

R.L., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

273 So. 3d 1012

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658408

Published

positive relationship with the child, or both.” § 39.01(1), Fla. Stat. (2018). Conduct leading to 1 The

L.J. v. Dept. of Children and Families

273 So. 3d 1123

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071934

Published

child’s parent or parents or legal custodians.” § 39.01(15), Fla. Stat. (2017). “Neglect,” in turn, encompasses

J.C., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

264 So. 3d 973

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549590

Published

(2017), it alleged abandonment as defined in section 39.01(1), in that the mother made no significant contribution

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

268 So. 3d 821

District Court of Appeal of Florida | Filed: Feb 6, 2019 | Docket: 14536978

Published

neglect of the children within the meaning of section 39.01(15)(a), Florida Statutes (2017). We affirm the

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

263 So. 3d 60

District Court of Appeal of Florida | Filed: Jan 2, 2019 | Docket: 8468341

Published

abuse only if the child is present); see also § 39.01(50), Fla. Stat. (2018) (defining “neglect,” in

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

under tight control. *187As pertinent here, section 39.01(47), Florida Statutes (2018), defines "medical

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

under tight control. *187As pertinent here, section 39.01(47), Florida Statutes (2018), defines "medical

P.R. v. Dep't of Children & Families

260 So. 3d 376

District Court of Appeal of Florida | Filed: Nov 16, 2018 | Docket: 64699753

Published

based on abandonment, which is *377defined in section 39.01(1), Florida Statutes (2017), as "a situation

P.R. v. Dep't of Children & Families

260 So. 3d 376

District Court of Appeal of Florida | Filed: Nov 16, 2018 | Docket: 64699752

Published

based on abandonment, which is *377defined in section 39.01(1), Florida Statutes (2017), as "a situation

C.B., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

257 So. 3d 1078

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109850

Published

with or being returned to the child’s parent.” § 39.01(78), Fla. Stat. (2018). “Conversely, the lack of

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

under tight control. As pertinent here, section 39.01(47), Florida Statutes (2018), defines “medical

C.R. v. Dept. of Children and Families

253 So. 3d 97

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619142

Published

reunify the parent and child.” § 39.806(1)(e)1. Section 39.01(78), Florida Statutes (2017)8, provides that

C.H. v. Dept. of Children and Families

246 So. 3d 556

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958939

Published

(1) the mother abandoned L.W., as defined in section 39.01(1); and (2) L.W. is “at a substantial risk of

C.H. v. Dept. of Children and Families

246 So. 3d 556

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958939

Published

(1) the mother abandoned L.W., as defined in section 39.01(1); and (2) L.W. is “at a substantial risk of

B.F., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

237 So. 3d 390

District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 6288120

Published

welfare may support a finding of abandonment. § 39.01(1), Fla. Stat. (2016) (emphasis added). “The

W.K. , M.K. & GUARDIAN AD LITEM v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145375

Published

below, but rather were simply participants. See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v.

T.H., THE FATHER AND S.D., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

226 So. 3d 915, 2017 Fla. App. LEXIS 12481

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145378

Published

.. may support a finding of abandonment. § 39.01(1), Fla. Stat. (2015). Here, there was evidence

E.N. v. Department of Children & Families

224 So. 3d 900, 2017 WL 3614134, 2017 Fla. App. LEXIS 12006

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142198

Published

with or being returned to the child’s parent.” § 39.01(77). 7 Thus, substantial compliance

E.N. v. Department of Children & Families

224 So. 3d 900, 2017 WL 3614134, 2017 Fla. App. LEXIS 12006

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142198

Published

with or being returned to the child’s parent.” § 39.01(77). 7 Thus, substantial compliance

In the Interest of: B.R.C.M., A Minor Child v. Florida Department of Children and Families

215 So. 3d 1219, 42 Fla. L. Weekly Supp. 472, 2017 WL 1709786, 2017 Fla. LEXIS 892

Supreme Court of Florida | Filed: Apr 20, 2017 | Docket: 4922800

Published

dependent child on the ground enumerated in section 39.01(15)(e), Florida Statutes (2014)—that is, as

D.H. Ex Rel. R.H. v. Adept Community Services, Inc.

217 So. 3d 1072

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669313

Published

Department and the dependency court. See, e.g., § 39.001(l)(h), (i). Allowing a disappointed former foster

M.S. v. Department of Children & Families

208 So. 3d 1276, 2017 Fla. App. LEXIS 1258

District Court of Appeal of Florida | Filed: Jan 30, 2017 | Docket: 60258183

Published

incarcerated as a result of his arrests. . Section 39.01(30)(g), Florida Statutes (2016), provides that

M.S. v. DCF

District Court of Appeal of Florida | Filed: Jan 30, 2017 | Docket: 4583357

Published

incarcerated as a result of his arrests. 2 Section 39.01(30)(g), Florida Statutes (2016), provides that

M.P.L. v. Department of Children & Families

211 So. 3d 258, 2017 Fla. App. LEXIS 490

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60262562

Published

custodians capable of providing supervision and care.” § 39.01(15)(e), Fla. Stat. (2015). There was undisputed

W.B.A v. v. Department of Children & Families

229 So. 3d 850

District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559179

Published

petitioned for an adjudication of dependency under section 39.01(1-5)(e), Florida Statutes (2016). The petition

Guardian Ad Litem Program v. C.H.

204 So. 3d 122

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539030

Published

abuse, abandonment, or neglect.” See § 39.01(15)(a), (f), Fla. Stat. (2015). We review a dependency

M.C. v. Department of Children & Families

206 So. 3d 798, 2016 Fla. App. LEXIS 16677

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486857

Published

770 So.2d 1189, 1192 (Fla.2000). Section 39.01(41) empowers the circuit court to find a child

R.M. v. State, Department of Children & Families

202 So. 3d 949, 2016 Fla. App. LEXIS 16226

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 60257320

Published

in danger of being significantly impaired. See § 39.01(44), Fla. Stat. (2015); A.W. ex rel. B.W. v. Dep’t

V.L. v. Department of Children and Families

201 So. 3d 1288

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483497

Published

father. See § 39.01(15)(f), Fla. Stat. (2015); see also § 39.01(2) (defining “abuse”

C.B. v. Department of Children & Families

199 So. 3d 528, 2016 Fla. App. LEXIS 13520, 2016 WL 4723698

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 60256626

Published

162 So.3d 335, 339 (Fla. 4th DCA 2015) (citing § 39.01(1), Fla. Stat. (2014)). AFFIRMED, in part, REVERSED

C.B. v. DCF

District Court of Appeal of Florida | Filed: Sep 5, 2016 | Docket: 4422660

Published

162 So. 3d 335, 339 (Fla. 4th DCA 2015) (citing § 39.01(1), Fla. Stat. (2014)). AFFIRMED, in part

Department of Children & Families v. J.D.

198 So. 3d 960, 2016 Fla. App. LEXIS 13808, 2016 WL 4180212

District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 60256518

Published

to exercise jurisdiction under this chapter.” § 39.01(20) Fla. Stat. (2016). Under the circumstances

DCF v. J.D.

District Court of Appeal of Florida | Filed: Aug 1, 2016 | Docket: 4120884

Published

child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat. (2016). 2 The trial

In the Interest Of: F.J.G.M.

196 So. 3d 534, 2016 Fla. App. LEXIS 11078

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112462

Published

minor son, F.J.G.M., dependent as defined in section 39.01(15) of the Florida Statutes. If adjudicated

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

195 So. 3d 356, 2016 WL 3450481

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761

Published

in-effect at the time-of the alleged offense. See § 39.01 Fla.Stcdr Give as applicable.

Department of Children & Families v. B.G., a Child

192 So. 3d 1256, 2016 WL 3186522, 2016 Fla. App. LEXIS 8838

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071338

Published

controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the

F.G. v. Department of Children & Families

192 So. 3d 1250, 2016 WL 3178527, 2016 Fla. App. LEXIS 8782

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071056

Published

neglect and abuse (section "39.01(15)©, Florida Statutes (2015)) and harm (section 39.01(30)(1)). The petition

F.G. v. Dept. of Children and Families

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067233

Published

neglect and abuse (section 39.01(15)(f), Florida Statutes (2015)) and harm (section 39.01(30)(1)). The petition

N.H. v. Department of Children & Families

192 So. 3d 592

District Court of Appeal of Florida | Filed: May 20, 2016 | Docket: 3066080

Published

children within their jurisdiction. See § 39.001(1)(b)(1), Fla. Stat. (2015). With these concerns

E.G. v. Dept. of Children and Familes

193 So. 3d 78, 2016 Fla. App. LEXIS 7151

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3062979

Published

authorized by section 39.001(6)(c), Florida Statutes (2015). However, on its face, section 39.001(6)(c) contains

J.D. v. Department of Children & Families

200 So. 3d 130, 2016 Fla. App. LEXIS 6977, 2016 WL 2609646

District Court of Appeal of Florida | Filed: May 5, 2016 | Docket: 60256794

Published

mother subjected A.D. to abuse as defined by section '39.01(2), Florida Statutes (2015). We agree and reverse

J.D. v. DCF

District Court of Appeal of Florida | Filed: May 2, 2016 | Docket: 3063755

Published

mother subjected A.D. to abuse as defined by section 39.01(2), Florida Statutes (2015). We agree and reverse

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-04

190 So. 3d 614, 2016 WL 1460587

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053709

Published

Raford v. State, 828 So.2d 1012 (Fla.2002). See § 39.01(f9), Florida Statutes, if the defendant’s status

M.D., the Father v. State of Florida, Department of Children and Families

187 So. 3d 1275, 2016 WL 1367007, 2016 Fla. App. LEXIS 5306

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051135

Published

the Father abandoned the child as defined in section 39.01, Florida Statutes, in that he has failed to

J.M., The Mother v. Department of Children and Families and Guardian Ad Litem Program

188 So. 3d 94, 2016 Fla. App. LEXIS 4926

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049147

Published

adversely affected by such usage.’ ” (quoting § 39.01(32)(g)2., Fla. Stat. (2011))). Therefore,

R.J., a child v. Florida Department of Children and Families

187 So. 3d 362, 2016 Fla. App. LEXIS 4110, 2016 WL 1039178

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044824

Published

of child abuse, neglect, and abandonment. § 39.001(l)(a), Fla. Stat. (2014). To that end, chapter

Department of Children & Families v. Statewide Guardian Ad Litem Program

186 So. 3d 1084, 2016 Fla. App. LEXIS 2968, 2016 WL 869317

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 60253692

Published

child remains in foster care longer than 1 year.” § 39.001(l)(h), Fla. Stat. (2015). “An agency granted legal

Department of Children and Families v. S.A.E. Mother of A.A.A.-E.

184 So. 3d 615, 2016 WL 381338

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033832

Published

the ground that the trial court misapplied section 39.01(15)(a), Florida Statutes, to the undisputed

In the Interest Of: S.A.R.D.

182 So. 3d 897, 2016 Fla. App. LEXIS 430, 2016 WL 145999

District Court of Appeal of Florida | Filed: Jan 13, 2016 | Docket: 3027804

Published

He is seeking an order of dependency under section 39.01, Florida Statutes (2015), on the basis of abandonment

In the Interest Of: B.R.C.M.

182 So. 3d 749, 2015 Fla. App. LEXIS 19470

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024838

Published

the purpose of this statute, according to section 39.001 is “to provide for the care, safety, and protection-

In the Interest Of: E.P.N.

180 So. 3d 249, 2015 Fla. App. LEXIS 19471

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024837

Published

abandoned by her father and thus dependent under section 39.01(15)(a), Florida Statutes (2015). She also alleged

Interest of S.F.A.C. v. Department of Children & Families

182 So. 3d 745, 2015 Fla. App. LEXIS 19459, 2015 WL 9584395

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024836

Published

dependency based on three separate subsections of section 39.01(15), *746Florida Statutes (2015), and as to

J. L.-B., Mother of I.L., C.D., H.L., B.B. v. Department of Children and Families

175 So. 3d 944

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991543

Published

in my view, not supported by the evidence. See § 39.01(15)(f), Fla. Stat. (2014). The last verified report

Russell v. Pasik

178 So. 3d 55, 2015 WL 5947198

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919902

Published

Beagle, 678 So. 2d 1271 (Fla. 1996))); see also § 39.01(49), Fla. Stat. (2014) (defining a parent as "a

A.D. v. Department of Children & Families

200 So. 3d 90, 2015 Fla. App. LEXIS 13196, 2015 WL 5163712

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60256907

Published

D. abandoned the child. Abandonment, under section 39.01, Florida Statutes, is defined in pertinent part

O.I.C.L., a child v. Department of Children And Families

169 So. 3d 1244, 2015 Fla. App. LEXIS 11076, 2015 WL 4461164

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679178

Published

custodians capable of providing supervision and care.” § 39.01(15)(a), (e), Fla. Stat. (2014). For the reasons

In the Interest of K.B.L v. a Minor

176 So. 3d 297, 2015 Fla. App. LEXIS 10731

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674009

Published

of abandonment as to his father, pursuant to section 39.01(15), Florida Statutes (2013). We affirm because

In the Interest of B.Y.G.m, a Minor

176 So. 3d 290, 2015 Fla. App. LEXIS 10729, 2015 WL 4268719

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674010

Published

that B.Y.G.M. was not dependent, pursuant to section 39.01(15)(e), Florida Statutes (2013). The court found

In the Interest of Y v. a Minor Child

160 So. 3d 576

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2648055

Published

of caring for them while living elsewhere. Section 39.01 provides a lengthy list of purposes, the first

Graham v. State

169 So. 3d 123, 2015 Fla. App. LEXIS 3400, 2015 WL 1044221

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640562

Published

vulnerable child a safe home, subject to court review. § 39.01(59), Fla. Stat. (2000). In the performance of its

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-02

152 So. 3d 475, 2014 WL 4458879

Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212085

Published

State, 828 So.2d 1012 (Fla.2002). See § 39.01(1.9), Florida Statutes, if the defendant’s status

V.C.B. and E.G.B. v. Sultan Shakir

145 So. 3d 967, 2014 Fla. App. LEXIS 13445, 2014 WL 4209216

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1145910

Published

positive relationship with the child, or both. § 39.01(30)(e), Fla. Stat. As can be seen, the definition

E.R., the mother v. Department of Children And Families

143 So. 3d 1131, 2014 WL 3843064, 2014 Fla. App. LEXIS 12032

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 844243

Published

suffers “physical, mental, or emotional injury.” § 39.01(32)(a) Fla. Stat. (2013). “Neglect” occurs when

N.J. v. Department of Children & Families

143 So. 3d 1109, 2014 WL 3765949

District Court of Appeal of Florida | Filed: Aug 1, 2014 | Docket: 462492

Published

See id. at 834; see also § 39.01(15)(a),(f). The trial court’s finding of abuse

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

141 So. 3d 243, 2014 WL 2874745, 2014 Fla. App. LEXIS 9612

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241831

Published

based on a finding of “abuse” as defined in section 39.01(2), Florida Statutes (2013). We reverse. In

A.M. v. Department of Children & Families

140 So. 3d 696, 2014 WL 2609348, 2014 Fla. App. LEXIS 8929

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241592

Published

the child dependent as to A.M. pursuant to section 39.01(15)(g), Florida Statutes (2013). As noted by

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

135 So. 3d 541, 2014 WL 1379859

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60239689

Published

abandonment, or neglect by the parent or parents.” § 39.01(15)(a), (f), Fla. Stat. (2013). There being no

W.R. v. Department of Children & Families

137 So. 3d 1078, 2014 WL 1225310, 2014 Fla. App. LEXIS 4367

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240161

Published

emotional health to be significantly impaired.” § 39.01(2), Fla. Stat. (2013). “Harm” is defined as occurring

A.J. v. Department of Children & Families

111 So. 3d 980, 2013 WL 1844221, 2013 Fla. App. LEXIS 7156

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60230940

Published

condition or to alleviate immediate pain of a child.” § 39.01(43), Fla. Stat. (2011). The testimony reflected

A.J. v. Department of Children & Families

126 So. 3d 1212, 2012 WL 5232322, 2012 Fla. App. LEXIS 18506

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236266

Published

sufficient evidence that sexual abuse, as defined in section 39.01(67), Florida Statutes (2010), occurred. However

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

99 So. 3d 578, 2012 Fla. App. LEXIS 18109

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60313108

Published

court’s finding of dependency.” We agree. “Under section 39.01(14)(f), a child may be found dependent if the

T.L. v. Department of Children & Families

98 So. 3d 785, 2012 Fla. App. LEXIS 18101, 2012 WL 4900434

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312580

Published

endangered by the return of the child to the home. Section 39.01(73), Florida Statutes (2011), provides that

Feil v. Pollock

98 So. 3d 160, 2012 WL 3763678, 2012 Fla. App. LEXIS 14642

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60312194

Published

definition of “abandoned” or “abandonment” in section 39.01(1), Florida Statutes, that was in effect at

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

87 So. 3d 827, 2012 WL 1698760

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308060

Published

an abuse of discretion). VI. Applicable Law Section 39.01(15)(f), Florida Statutes (2010), requires a

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

86 So. 3d 1144, 2012 WL 1414337, 2012 Fla. App. LEXIS 6383

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60307551

Published

by the parent or parents or legal custodians.” § 39.01(15)(f), Fla. Stat. (2011). The order in this case

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

84 So. 3d 1136, 2012 WL 1020012, 2012 Fla. App. LEXIS 4775

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306601

Published

*1139Servs., 901 So.2d 324, 326 (Fla. 3d DCA 2005). Section 39.01(15)(a),(f), Florida Statutes (2011), defines

G.U. v. Department of Children & Families

81 So. 3d 585, 2012 Fla. App. LEXIS 3147, 2012 WL 634851

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60305953

Published

health in danger of significant impairment. See § 39.01(44), Fla. Stat. (2009). Accordingly, we affirm

R.B. v. Department of Children & Families

80 So. 3d 1078, 2012 WL 469856, 2012 Fla. App. LEXIS 2274

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60305631

Published

parental rights because R.B. abandoned A.N.B. Section 39.01(1), Florida Statutes (2010), provides: “Abandoned”

In re Standard Jury Instructions in Criminal Cases-Report 2011-02

75 So. 3d 207, 36 Fla. L. Weekly Supp. 589, 2011 Fla. LEXIS 2450, 2011 WL 4835653

Supreme Court of Florida | Filed: Oct 13, 2011 | Docket: 60303662

Published

when it does not result in harm to the child.] § 39.01(32), Florida Statutes. “Harm” means (insert specific

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

71 So. 3d 924, 2011 Fla. App. LEXIS 16063

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303175

Published

evidence of abandonment, abuse, or neglect. Section 39.01(1) provides that “[t]he incarceration of a parent

D.M.M. v. J.M.M.

63 So. 3d 910, 2011 Fla. App. LEXIS 9598

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301203

Published

neglected the child, as those terms are defined in section 39.01(2) and (44), Florida Statutes (2009). Some of

In Re Amm

63 So. 3d 910, 2011 WL 2462959

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 2363742

Published

neglected the child, as those terms are defined in section 39.01(2) and (44), Florida Statutes (2009). Some of

M.S. v. Department of Children & Families

60 So. 3d 573, 2011 Fla. App. LEXIS 6669, 2011 WL 1773469

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300287

Published

substantial evidence. We agree with the mother. Section 39.01(44), Florida Statutes (2010), defines “neglect”

In the Interest of T.J.

59 So. 3d 1187, 2011 Fla. App. LEXIS 5568

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60299579

Published

interpreted to provide an avenue for such use. See § 39.001(1), Fla. Stat. (2010) (stating generally the purpose

CJ v. State

58 So. 3d 392, 2011 WL 1376688

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 2590083

Published

sufficient to prove dependency pursuant to section 39.01(15), Florida Statutes (2010). See Dep't of Children

I.Z. v. B.H.

53 So. 3d 406, 2011 Fla. App. LEXIS 1904, 2011 WL 520547

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 60298106

Published

substantial and positive relationship with a child. § 39.01(1), Fla. Stat. (2010). The trial court found that

Burke v. State

48 So. 3d 943, 2010 Fla. App. LEXIS 18294, 2010 WL 4861711

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296659

Published

(Fla. 2d DCA 2001). “Abuse,” as defined in section 39.01(2), Florida Statutes (2007), includes “any willful

Department of Children and Families v. KD

45 So. 3d 46, 2010 Fla. App. LEXIS 15135, 2010 WL 3418911

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2401257

Published

Florida Legislature for consideration. [2] Section 39.01(31), Florida Statutes (2009), defines "foster

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

42 So. 3d 938, 2010 Fla. App. LEXIS 12700

District Court of Appeal of Florida | Filed: Aug 27, 2010 | Docket: 60295381

Published

“physical, mental or sexual injury” to the child. § 39.01(32)(i), (j), Fla. Stat. (2009). Here, the only

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

41 So. 3d 1116, 2010 Fla. App. LEXIS 12292

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 60295202

Published

PER CURIAM. Affirmed. See § 39.01(15)(f), Fla. Stat. (2009); C.J. v. Dep’t of Children & Families, 968

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

40 So. 3d 917, 2010 Fla. App. LEXIS 11087

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 60295188

Published

determination was based on prospective neglect, § 39.01(15)(f), Fla. Stat. (2009), the circuit court finding

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

33 So. 3d 710, 2010 Fla. App. LEXIS 3924

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 60289948

Published

or *720being returned to the child's parent.” § 39.01(71) (emphasis added); see also R.F. v. Dep’t of

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

19 So. 3d 450, 2009 Fla. App. LEXIS 16071, 2009 WL 3446754

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 323488

Published

imminent risk of prospective abuse or neglect.[1]See § 39.01(15)(f), Fla. Stat. (2008). The Department of Children

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

16 So. 3d 948, 2009 Fla. App. LEXIS 11578, 2009 WL 2513826

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1641240

Published

adjudication of dependency on the ground of neglect. See § 39.01(14)(a), Fla. Stat. (2007). The applicable statutory

Department of Children and Families v. SE

12 So. 3d 902, 2009 Fla. App. LEXIS 8737, 2009 WL 1872414

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1647119

Published

the suit becomes frivolous). *904 Pursuant to section 39.01(14)(f), Florida Statutes (2006), a child can

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

9 So. 3d 750, 2009 Fla. App. LEXIS 4253

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 60309080

Published

relationship with the Mother, in violation of section 39.001(l)(b)(2), which states that the Department

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

12 So. 3d 253, 2009 Fla. App. LEXIS 4247

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 60233781

Published

intervene as a participant in accordance with section 39.01(49) and Florida Rule of Juvenile Procedure 8

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

10 So. 3d 186, 2009 Fla. App. LEXIS 2872, 2009 WL 928495

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1642203

Published

termination of parental rights through abandonment. Section 39.01(1), Florida Statutes (2007), defines abandonment

KG v. Department of Children and Families

10 So. 3d 166, 2009 Fla. App. LEXIS 2484, 2009 WL 763609

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 2251583

Published

court may declare the child to be abandoned.” Id. § 39.01(1). I am skeptical that the record adequately supports

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

997 So. 2d 513, 2008 Fla. App. LEXIS 20342

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 64857286

Published

emotional health to be significantly impaired.” § 39.01(2). Pursuant to subsections 39.01(31)(a) and (j)

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

were not parties to the proceeding below. See § 39.01(50), Fla. Stat. (2007) (limiting the definition

T.B. v. Department of Children & Families

985 So. 2d 1210, 2008 Fla. App. LEXIS 10536, 2008 WL 2695916

District Court of Appeal of Florida | Filed: Jul 10, 2008 | Docket: 64855212

Published

settled purpose to assume all parental duties.” § 39.01(1), Fla. Stat. (2008). Ordinarily, a finding that

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

984 So. 2d 618, 2008 Fla. App. LEXIS 8470

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 64855119

Published

imminent abuse, abandonment, or neglect by B.A. See § 39.01(14)(f), Fla. Stat. (2007); R.F. v. Fla., Dep’t

Baker v. State

980 So. 2d 616, 2008 Fla. App. LEXIS 8084, 2008 WL 1958630

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 64854704

Published

278-79 (Fla.2002), held that the definition in section 39.01 could be used, as the two statutes should be

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

979 So. 2d 1202, 2008 Fla. App. LEXIS 5912

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 64854650

Published

Mother, constituting dependency pursuant to section 39.01(14)(a), Florida Statutes (2006), and that each

KS v. Department of Children & Families

979 So. 2d 1182, 2008 Fla. App. LEXIS 5876, 2008 WL 1806127

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1406992

Published

of imminent threat of harm as defined in Florida Statute 39.01(31); or imminent threat of physical/emotional

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

979 So. 2d 1075, 2008 Fla. App. LEXIS 4832

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 64854633

Published

child, as that term is defined in section 39.01(1). Section 39.01(1) defines “abandoned” as a situation

D.M. v. Department of Children & Families

978 So. 2d 211, 2008 Fla. App. LEXIS 4339

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854388

Published

the program has been appointed, and the child. § 39.01(50). Rather, a legal custodian is included under

Mbt v. Dept. of Children and Familes

976 So. 2d 623, 2008 WL 536638

District Court of Appeal of Florida | Filed: Feb 25, 2008 | Docket: 1679943

Published

placement may be achieved as soon as possible. See § 39.001(1)(h), Fla. Stat. (2002). At all stages of the

N.L.E. v. Department of Children & Family Services

970 So. 2d 486, 2007 Fla. App. LEXIS 19787

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 64853433

Published

to DCF, D.G. suffered from medical neglect. Section 39.01(31), Florida Statutes (2006), provides: “Harm”

Bryant v. State

971 So. 2d 818, 2007 WL 2935447

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1446765

Published

age of seventeen at the time of the crime. See § 39.01(6), Fla. Stat. (1967). A person who had attained

Bryant v. State

971 So. 2d 818, 2007 WL 2935447

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1446765

Published

age of seventeen at the time of the crime. See § 39.01(6), Fla. Stat. (1967). A person who had attained

State v. Grayson

965 So. 2d 334, 2007 WL 2735807

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1509242

Published

child abuse is guilty of a third-degree felony. Section 39.01(27) defines "false report" as "a report of abuse

Department of Children & Families v. ST

963 So. 2d 314, 2007 WL 2317091

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1328529

Published

with or being returned to the child's parent." § 39.01(71), Fla. Stat. (2006).

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

962 So. 2d 980, 2007 Fla. App. LEXIS 11695, 2007 WL 2188630

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851822

Published

on the ground of prospective neglect under section 39.01(14)(f) of the Florida Statutes. The substance

J.W.H. v. Department of Children & Family Services

956 So. 2d 1210, 2007 Fla. App. LEXIS 7579, 2007 WL 1452172

District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 64850785

Published

of necessary food and medical treatment.2 See § 39.01(43), Fla. Stat. (2006). At the hearing on the petition

T.P. v. Department of Children & Families

954 So. 2d 677, 2007 Fla. App. LEXIS 5427, 2007 WL 1093590

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 64850290

Published

Chapter 39 of the Florida Statutes. Specifically, section 39.01(2), Florida Statutes (2005), provides, “Corporal

SH v. Department of Children and Families

949 So. 2d 356, 2007 Fla. App. LEXIS 2745, 2007 WL 601521

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1719955

Published

emotional health to be significantly impaired." See § 39.01(43), Fla. Stat. (2005). However, "the foregoing

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

947 So. 2d 1246, 2007 Fla. App. LEXIS 1056, 2007 WL 258145

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64848796

Published

supervision, § 39.01(30)(a)(3), Fla. Stat. (2005); and violence, § 39.01(30)®. *1248See § 39.01(14)(f). The

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

947 So. 2d 1240, 2007 Fla. App. LEXIS 1047

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64848795

Published

bases: violence, § 39.01(30)(i), Fla. Stat. (2005); failure to protect the children, § 39.01(30)®; substance

MM v. Department of Children & Families

946 So. 2d 1287, 2007 Fla. App. LEXIS 1097, 2007 WL 247921

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 1771356

Published

child may be found to be dependent if, under section 39.01(14), Florida Statutes, the child is found by

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

946 So. 2d 650, 2007 Fla. App. LEXIS 903, 2007 WL 188412

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848590

Published

be in danger of being significantly impaired.” § 39.01(45). In this case, the court concluded that the

Department of Children & Family Services v. Heart of Adoptions, Inc.

947 So. 2d 1212

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848781

Published

within one year of her placement into foster care. § 39.001(l)(h). The Florida Legisla*1219ture has also decreed

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

946 So. 2d 1214, 2006 Fla. App. LEXIS 21783

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848625

Published

permanency for every child in the dependency system. § 39.001(l)(h). When it is determined that reunification

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

944 So. 2d 1171, 2006 Fla. App. LEXIS 20806, 2006 WL 3615194

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 64848323

Published

corporal discipline, as testified to by the child. Section 39.01(30)(a)4, Florida Statutes (2005), states that

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

940 So. 2d 571, 2006 Fla. App. LEXIS 17955

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 64847497

Published

Mother: (1) abuse against D.Y., pursuant to section 39.01(2), Florida Statutes; and (2) prospective abuse

Y.P. v. Department of Children & Family Services

939 So. 2d 1118, 2006 Fla. App. LEXIS 16449, 2006 WL 2819583

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 64847341

Published

(Fla. 3d DCA 2006) (table). . Pursuant to section 39.01(30)(i), Florida Statutes (2005), “harm” can

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

937 So. 2d 1257, 2006 Fla. App. LEXIS 16231

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 64846902

Published

child’s parent or parents or legal custodians[.]” § 39.01(14)(a). “ ‘Abuse’ means any willful act or threatened

State v. Coleman

937 So. 2d 1226, 2006 WL 2714277

District Court of Appeal of Florida | Filed: Sep 25, 2006 | Docket: 1513166

Published

injury" was defined in a closely related statute, section 39.01(44), Florida Statutes (Supp.1998), which under

J.C.J. v. Heart of Adoptions, Inc.

942 So. 2d 906, 2006 Fla. App. LEXIS 15505

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64848004

Published

a definition of parent but rather refers to section 39.01(49), Florida Statutes (2004), which defines

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

937 So. 2d 1196, 2006 Fla. App. LEXIS 15176, 2006 WL 2613513

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 64846884

Published

with or being returned to the children’s parent. § 39.01(68), Fla. Stat. (2003). Here, DCF removed the children

C.C. v. Department of Children & Families

946 So. 2d 548, 2006 Fla. App. LEXIS 14617, 2006 WL 2516495

District Court of Appeal of Florida | Filed: Aug 31, 2006 | Docket: 64848553

Published

emotional health to be significantly impaired.” § 39.01(2), Fla. Stat. (2005). Domestic violence between

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

936 So. 2d 764, 2006 Fla. App. LEXIS 14430

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 64846354

Published

of a "child who is found to be dependent” in section 39.01(14)(f), Florida Statutes (2003), includes children

J.C. v. Florida Department of Children & Family Services

937 So. 2d 184, 2006 Fla. App. LEXIS 14060

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846586

Published

“preserve and strengthen the child’s family ties.” § 39.001(l)(f), Fla. Stat. (2005). It is our duty to preserve

TS v. Department of Children and Families

944 So. 2d 1049, 2006 Fla. App. LEXIS 13624, 2006 WL 2355369

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1155425

Published

of imminent threat of harm as defined in Florida Statute 39.01(30)." In both counts, DCF made the following

Morcroft v. J.H.

935 So. 2d 588, 2006 Fla. App. LEXIS 13040, 2006 WL 2191246

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 64846107

Published

abandonment or neglect by the parent or parents.” § 39.01 (14)(a)(f), Fla. Stat. (2005). “Abuse” is defined

In Re OC

934 So. 2d 623, 2006 WL 2061282

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1460820

Published

defined in section 39.01(2) or "neglect" as defined in section 39.01(45). Pursuant to section 39.01(2), "abuse"

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

934 So. 2d 623, 2006 Fla. App. LEXIS 12342

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64845870

Published

defined in section 39.01(2) or “neglect” as defined in section 39.01(45). Pursuant to section 39.01(2), “abuse”

Morcroft v. Department of Children & Families

929 So. 2d 51, 2006 Fla. App. LEXIS 7241, 2006 WL 1288630

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64844656

Published

Her argument is based upon the provisions of section 39.01(49)-(51), Florida Statutes (2005), and Florida

Department of Children and Families v. HG

922 So. 2d 1072, 2006 Fla. App. LEXIS 3688, 2006 WL 663890

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 1282740

Published

merely participants to the proceeding under section 39.01(50), Florida Statutes (2002). H.G. and J.G.

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

923 So. 2d 1201, 2006 Fla. App. LEXIS 3698

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 64843056

Published

that J.R. had abandoned his son as defined in section 39.01(1), which states: “The incarceration of a parent

Womancare of Orlando, Inc. v. Agwunobi

448 F. Supp. 2d 1309, 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765

District Court, N.D. Florida | Filed: Feb 10, 2006 | Docket: 1883404

Published

of families and children, see, e.g., Fla. Stat. § 39.001(1)(b) (among other things, the purpose of Florida's

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

913 So. 2d 1237, 2005 Fla. App. LEXIS 17675, 2005 WL 2993839

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 64840829

Published

both required to support a finding of dependency. § 39.01(2),2 (14)(a),3 (45),4 Fla. Stat. (2003); see G

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

903 So. 2d 1034, 2005 Fla. App. LEXIS 9392

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 64838968

Published

children — was abuse of the children. See § 39.01(2);6 see also § 39.01(30)(a), (i);7 D.D. v. Dep’t of Children

S.J.C. v. State

906 So. 2d 1115, 2005 Fla. App. LEXIS 7220

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64839596

Published

is lawful unless it crosses the line to abuse. § 39.01(2), Fla. Stat. (2003); Raford v. State, 828 So

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

898 So. 2d 1194, 2005 Fla. App. LEXIS 4743

District Court of Appeal of Florida | Filed: Apr 8, 2005 | Docket: 64837472

Published

undertaken when a child is abandoned as defined by section 39.01. A trial court may consider a parent’s criminal

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

892 So. 2d 1155, 2005 Fla. App. LEXIS 264

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835831

Published

grandfather for child support arrearages he owed. Section 39.01(1), Florida Statutes (2003) defines abandonment

S.H. v. Department of Children & Families

880 So. 2d 1279, 2004 Fla. App. LEXIS 12866, 2004 WL 1933184

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 64832329

Published

dependency under section 39.01(14), Florida Statutes (2003) is defined under section 39.01(1): “Abandoned”

A.M.T. v. State

883 So. 2d 302, 2004 Fla. App. LEXIS 12480

District Court of Appeal of Florida | Filed: Aug 25, 2004 | Docket: 64833057

Published

by the parent or parents or legal custodians.” § 39.01(14), Fla. Stat. (2003). These are not generic terms

AMT v. State

883 So. 2d 302, 2004 WL 1881750

District Court of Appeal of Florida | Filed: Aug 25, 2004 | Docket: 1369806

Published

by the parent or parents or legal custodians." § 39.01(14), Fla. Stat. (2003). These are not generic terms

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

876 So. 2d 647, 2004 Fla. App. LEXIS 8550

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 64831358

Published

the child was “abandoned, abused, or neglected,” § 39.01(14)(a), Fla. Stat. (2003), or that the child is

M.B. v. Department of Children & Families

872 So. 2d 948, 2004 Fla. App. LEXIS 4295, 2004 WL 690053

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64830493

Published

PER CURIAM. AFFIRMED. See § 39.01(30)(g)l., Fla. Stat. (2002). “Harm” to a child’s health or welfare

State v. White

867 So. 2d 594, 2004 Fla. App. LEXIS 2685, 2004 WL 401743

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828656

Published

abuse” is guilty of a third-degree felony. Section 39.01(27) defines “false report” as “a report of abuse

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

866 So. 2d 770, 2004 Fla. App. LEXIS 2152, 2004 WL 360888

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 64828367

Published

safety and well-being and may constitute harm. § 39.01(30), Fla. Stat. (2001) (defining harm). Four home

D.A. v. Dept. of Children & Family Services

863 So. 2d 1284, 2004 Fla. App. LEXIS 612, 2004 WL 134031

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827593

Published

PER CURIAM. Affirmed. § 39.01(60), Fla. Stat. (1998); D.P. v. Department of Children & Families, 786

J.L. v. G.L.

863 So. 2d 428, 2003 Fla. App. LEXIS 19741, 2003 WL 23095276

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827483

Published

relationship to the child has been legally terminated ... § 39.01(49), Fla. Stat. (2003) (emphasis added). Therefore

Levy v. Guardianship of Levy

861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64826945

Published

son was not a “child” within the meaning of section 39.01(12), Florida Statutes (2000) at the time of

State, Department of Children & Families v. Guardian Ad Litem of C.R.

855 So. 2d 688, 2003 Fla. App. LEXIS 14914, 2003 WL 22259828

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825553

Published

well-being of all children under the state’s care.” § 39.001(l)(a), Fla. Stat. (2002). We therefore follow

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

858 So. 2d 1087, 2003 Fla. App. LEXIS 14777

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 64826367

Published

the care, safety, and protection of children. § 39.001(l)(a), Fla. Stat. (2001). While pursuing this

D. M. v. Department of Children & Families

849 So. 2d 423, 2003 Fla. App. LEXIS 10368, 2003 WL 21554548

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 64823956

Published

abandonment, abuse, and neglect, as defined in section 39.01, Florida Statutes (2002), was not supported

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

846 So. 2d 636, 2003 Fla. App. LEXIS 7980, 2003 WL 21241354

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 64823218

Published

In re M.F., 770 So.2d 1189, 1192 (Fla.2000). Section 39.01(1), Florida Statutes (2001), defines “abandoned”

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

844 So. 2d 765, 2003 Fla. App. LEXIS 7009

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64822753

Published

risk of imminent abuse, abandonment, or neglect. § 39.01(14), Fla. Stat. (2000); In the Interest of D.J

WV v. Department of Children and Families

840 So. 2d 430, 2003 WL 1386707

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 1464097

Published

emotional health to be significantly impaired. § 39.01(2), Fla. Stat. "Harm" includes engaging in violent

B.M. v. Department of Children & Families

842 So. 2d 936, 2003 Fla. App. LEXIS 3486, 2003 WL 1203660

District Court of Appeal of Florida | Filed: Mar 18, 2003 | Docket: 64822177

Published

guardian, is not a “party,” which is defined in section 39.01(51), Florida Statutes (2000), as “the parent

D.G. v. Department of Children & Families

835 So. 2d 408, 2003 Fla. App. LEXIS 1117, 2003 WL 245322

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820101

Published

drug usage, thus causing harm to the children. § 39.01(30)(g)(2), Fla. Stat. (2001). D.G. admitted some

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

835 So. 2d 381, 2003 Fla. App. LEXIS 758, 2003 WL 188198

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 64820096

Published

youngest child, S.B., is a dependent child. *384See § 39.01(14), Fla. Stat. (2002) (defining dependent child

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

834 So. 2d 415, 2003 Fla. App. LEXIS 296

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819884

Published

child’s parent or parents or legal custodians.” § 39.01(14)(a), Fla. Stat. (2001). “[T]he trial court’s

B.L. v. Department of Children & Families

830 So. 2d 904, 2002 Fla. App. LEXIS 17503, 2002 WL 31779973

District Court of Appeal of Florida | Filed: Nov 19, 2002 | Docket: 64819052

Published

PER CURIAM. See § 39.01(8)(i), Fla. Stat. (2001); F.R. v. Dep’t of Children and Families, 826 So.2d

A.S. v. Biddle

829 So. 2d 1004, 2002 Fla. App. LEXIS 16968, 2002 WL 31526132

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 64818803

Published

has provided a lengthy definition of harm in section 39.01(30), Florida Statutes (2002). Through chapter

Y.G. v. Department of Children & Families

830 So. 2d 212, 2002 Fla. App. LEXIS 16142, 2002 WL 31487160

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818949

Published

end her troubled relationship with the paramour. § 39.01(45), Fla. Stat. (2001); D.D. v. Department of Children

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

824 So. 2d 1023, 2002 Fla. App. LEXIS 12548

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 64817162

Published

abuse, abandonment, or neglect by his parents. See § 39.01(14)(a), (f), Fla. Stat. (2001). The trial court

D.E. v. Department of Children & Families

823 So. 2d 864, 2002 Fla. App. LEXIS 12083, 2002 WL 1939940

District Court of Appeal of Florida | Filed: Aug 23, 2002 | Docket: 64816883

Published

parent(s) have abandoned the child as defined in F.S. 39.01(1) or the identity or location of the father

B.A.L. v. Department of Children & Families of Florida

824 So. 2d 241, 2002 Fla. App. LEXIS 10330, 2002 WL 1626171

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64817047

Published

child’s siblings.” 770 So.2d at 1194; see also § 39.01(11), Fla. Stat. (2001). The court held that the

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

before us does not support such a conclusion. See § 39.01(1), Fla. Stat. *1067(2000); Webb v. Blancett, 473

L.D. v. Department of Children & Families

818 So. 2d 706, 2002 Fla. App. LEXIS 8586

District Court of Appeal of Florida | Filed: Jun 21, 2002 | Docket: 64815750

Published

PER CURIAM. Appeal No. 5D01-2520 AFFIRMED. See § 39.01(30)(i), Fla Stat. (2000); D.D. v. D.C.F., 773 So

C.D. v. Department of Children & Families

816 So. 2d 1229, 2002 Fla. App. LEXIS 7617, 2002 WL 1070551

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 64815371

Published

been offered to and rejected by such person.” § 39.01(45), Fla. Stat. (2001). In the instant case, the

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

816 So. 2d 830, 2002 Fla. App. LEXIS 7209, 2002 WL 1040470

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 64815241

Published

consent to the surgery on L.B.’s behalf. Under section 39.01(70), Florida Statutes (2001), DCF has “the right

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

reflected in section 39.001. In particular, the legislative directive set out in section 39.001(l)(h), that

In Re MAD

812 So. 2d 509, 2002 WL 429071

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

Published

reflected in section 39.001. In particular, the legislative directive set out in section 39.001(1)(h), that

J.M.H. v. Department of Children & Families

805 So. 2d 1061, 2002 Fla. App. LEXIS 1096, 2002 WL 257639

District Court of Appeal of Florida | Filed: Jan 29, 2002 | Docket: 64812023

Published

PER CURIAM. AFFIRMED. See § 39.01(1), Fla. Stat. (1999). THOMPSON, C.J., SHARP, W. and HARRIS, JJ.,

E.M.A. v. Department of Children & Families

795 So. 2d 183, 2001 Fla. App. LEXIS 9867, 2001 WL 817637

District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 64808790

Published

court misconstrued the findings required under section 39.01(14)(f), Florida Statutes (1999), and that the

McGillis v. Florida Department of Children & Family Services

826 So. 2d 1028, 2001 Fla. App. LEXIS 13183, 2001 WL 1093099

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 64817720

Published

Family Servs., 719 So.2d 967 (Fla. 3d DCA 1998); § 39.01(50), Fla. Stat. (2000). See generally, Gott v.

Ago

Florida Attorney General Reports | Filed: Aug 2, 2001 | Docket: 3258445

Published

Family Services] pursuant to this chapter[.]" 12 Section 39.01(12), Fla. Stat., defines a "[c]hild" or "youth"

KR v. Dept. of Children and Families

784 So. 2d 594, 2001 Fla. App. LEXIS 6955, 2001 WL 527643

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744178

Published

abandonment, or neglect by the parent or parents ...." § 39.01(14)(a) and (f), Fla. Stat. (1999) (emphasis added)

D.P. v. Department of Children & Families

786 So. 2d 600, 2001 Fla. App. LEXIS 4523, 2001 WL 329539

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 64805783

Published

motion seeking participant status as defined in section 39.01(50) of the Florida Statutes (2000), a motion

Johnson v. Sackett

793 So. 2d 20, 2001 WL 293233

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1677950

Published

that the child *25 was dependent as defined in section 39.01(10), Florida Statutes (1987), and also decided

R.W.W. v. State, Department of Children & Families

788 So. 2d 1020, 2001 Fla. App. LEXIS 2922

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 64806544

Published

Mother had harmed the child as a matter of law. § 39.01(30)(g), Fla.Stat. (1999) (defining “harm” as including

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

787 So. 2d 875, 2001 Fla. App. LEXIS 1407

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64806219

Published

abandonment notwithstanding his earlier lapses. See § 39.01(1), Fla. Stat. (1999); In the Interest of M.R.L

F.C. v. State, Department of Children & Families

780 So. 2d 159, 2001 Fla. App. LEXIS 143

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 64804317

Published

the court may declare the child to be abandoned. § 39.01(1), Fla. Stat. (1999). We first note that the evidence

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

770 So. 2d 733, 2000 Fla. App. LEXIS 14631, 2000 WL 1671433

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801552

Published

conduct such as to constitute neglect under section 39.01, Florida Statutes (1997). The record includes

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

involving juvenile sexual abuse as defined in section 39=01-(-76)985.03(33), Florida Statutes. Placement

In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a)

770 So. 2d 152, 25 Fla. L. Weekly Supp. 606, 2000 Fla. LEXIS 1461, 2000 WL 963895

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 64801320

Published

first set should take precedence. . See, e.g., § 39.001 (h) — (j), Fla.Stat. (1999) (recognizing permanent

S.J. ex rel. M.W. v. W.L.

755 So. 2d 753, 2000 Fla. App. LEXIS 3682

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64796746

Published

possible, to maintain sibling groups. See also § 39.001 (k), Fla. Stat. .(1997) (providing that the Department

Ago

Florida Attorney General Reports | Filed: Jul 8, 1999 | Docket: 3258299

Published

Florida Statutes. As the Legislature stated in section 39.001(6), Florida Statutes (1998 Supplement): "The

Wimer v. Vila

37 F. Supp. 2d 1351, 1999 U.S. Dist. LEXIS 9694, 1999 WL 133054

District Court, M.D. Florida | Filed: Mar 3, 1999 | Docket: 2287808

Published

into custody or, as that term is defined in section 39.01(70), Florida Statutes, "temporary physical control

J.L.O. v. State

721 So. 2d 440, 1998 Fla. App. LEXIS 15256

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 64784549

Published

by her prior history in the juvenile system. Section 39.01(59)(d), Florida Statutes (Supp.1996), provides

M.S. v. Phelps

726 So. 2d 309, 1998 Fla. App. LEXIS 15047

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 64786225

Published

based on abandonment' of M.K.S. by her father. Section 39.01, Florida Statutes (1995), defines abandonment

McGillis v. Department of Children & Family Services

719 So. 2d 967, 1998 Fla. App. LEXIS 12831, 1998 WL 712788

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64783825

Published

as he does not fall within the parameters of section 39.01(39), Florida Statutes (1997). See also J.L.

Porter v. Department of Children & Families

718 So. 2d 382, 1998 Fla. App. LEXIS 12719, 1998 WL 698249

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 64783240

Published

children were being supervised by the Department. Section 39.01(1), Florida Statutes (1997), defines abandonment

State v. E.D.P.

724 So. 2d 1144, 23 Fla. L. Weekly Supp. 524, 1998 Fla. LEXIS 1897

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64785829

Published

other local community nonresidential programs. § 39.01(59)(a), Fla. Stat. (Supp.1996) (emphasis added)

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

agreement/permanent placement plan. as defined in section 39.01, Florida Statutes, has been offered-to the-parents

Q.L.J. v. State

714 So. 2d 628, 1998 Fla. App. LEXIS 9486

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 64781873

Published

protect the community from the child. Moreover, section 39.001(l)(c), Florida Statutes (Supp.1996), identifies

J.K. v. State

695 So. 2d 868, 1997 Fla. App. LEXIS 6700

District Court of Appeal of Florida | Filed: Jun 18, 1997 | Docket: 64774346

Published

by section 775.089 Florida Statutes (1995). See § 39.001(l)(e), Fla. Stat. (1995) (identifying as a purpose

J.C.C. v. State

694 So. 2d 784, 1997 Fla. App. LEXIS 6210, 1997 WL 304502

District Court of Appeal of Florida | Filed: Jun 9, 1997 | Docket: 64774074

Published

residential” commitment facilities, as defined in section 39.01(59)(b), Florida Statutes (1995); and (2) whether

Department of Health & Rehabilitative Services v. M.B.

701 So. 2d 1155, 22 Fla. L. Weekly Supp. 295, 1997 Fla. LEXIS 719, 1997 WL 280066

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 64776994

Published

testimony has been - raised in this case. . Section 39.01(10), Florida Statutes (1993), defines "Child

D.M.L. v. State

694 So. 2d 782, 1997 Fla. App. LEXIS 4877, 1997 WL 222393

District Court of Appeal of Florida | Filed: May 6, 1997 | Docket: 64774073

Published

residential” commitment facilities, as defined in section 39.01(59)(b), Florida Statutes (Supp.1996), or, if

F.A.T. v. State

690 So. 2d 1347, 1997 Fla. App. LEXIS 2739

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 64772229

Published

Chapter 39 governing juvenile proceedings. First, section 39.01(28), Florida Statutes (1995), defines disposition

T.M. v. State

689 So. 2d 443, 1997 Fla. App. LEXIS 2478

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 64771677

Published

specific rehabilitation needs of the child-”. § 39.001(l)(e), Fla. Stat.(1995). The act further provides

J.O.S. v. State

689 So. 2d 1061, 22 Fla. L. Weekly Supp. 118, 1997 Fla. LEXIS 308

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 64771769

Published

restitution by a preponderance of the evidence. . Section 39.1 l(l)(g) stated, in pertinent part, that: [The

T.S. v. State

682 So. 2d 1202, 1996 Fla. App. LEXIS 11928

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769018

Published

noninstitutional quarters or to the child’s home. § 39.01(16), Fla.Stat. (1995). Electronic monitoring is

P.W.G. v. State

682 So. 2d 1203, 1996 Fla. App. LEXIS 11920

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769019

Published

to be the only “training schools” in Florida. § 39.01(74), Fla.Stat. (1995). It is clear that the Manatee

In the Interest of J.P. v. State

681 So. 2d 1183, 1996 Fla. App. LEXIS 10780, 1996 WL 592694

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768539

Published

D. v. State, 412 So.2d 70 (Fla. 1st DCA 1982); § 39.01(13), Fla. Stat. (1995). While we recognize that

State v. J.C.

677 So. 2d 959, 1996 Fla. App. LEXIS 7969

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 64766484

Published

“taken into custody” within the meaning of section 39.01(51), Florida Statutes (1993), and the delinquency

C.M. v. State

676 So. 2d 498, 1996 Fla. App. LEXIS 6870

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 64766088

Published

“parent” did not include a legal guardian. See § 39.01(39), Fla. Stat. (1993) (“‘Parent’ means the natural

J.M. v. State

677 So. 2d 890, 1996 Fla. App. LEXIS 6691

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64766469

Published

is a “low-risk residential” classification. Id. § 39.01(61)(b).7 J.M. has appealed. At oral argument of

A.S. v. State

667 So. 2d 994, 1996 Fla. App. LEXIS 1028

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 64762233

Published

Statutes (1993) (amended and renumbered 1994, see § 39.01(59), Fla.Stat. (1995)) defines "restrictiveness

Guerrero v. Department of Health & Rehabilitation Services

661 So. 2d 421, 1995 Fla. App. LEXIS 10920, 1995 WL 610615

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759262

Published

Ago

Florida Attorney General Reports | Filed: Aug 28, 1995 | Docket: 3257056

Published

intentionally left the established area of custody.3 Section 39.01(29), Florida Statutes (1994 Supp.), defines

G.W.B. v. J.S.W.

658 So. 2d 961, 20 Fla. L. Weekly Supp. 376, 1995 Fla. LEXIS 1167

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 64758093

Published

line of cases, and, indeed, made explicit in section 39.01(1), Florida Statutes (1993), abandonment means

I.T. v. State

657 So. 2d 1241, 1995 Fla. App. LEXIS 7331

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 64757854

Published

properly limited to adult criminal cases. See § 39.01(9), Fla.Stat. (1993) (adjudication of delinquency

Gelrod v. Department of Health & Rehabilitative Services

648 So. 2d 862, 1995 Fla. App. LEXIS 600, 1995 WL 36176

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64753475

Published

adjudication of dependency in accordance with section 39.01(37), Florida Statutes (1993). We disagree. “An

J.M. v. State, Department of Health & Rehabilitative Services

646 So. 2d 793, 1994 Fla. App. LEXIS 11863

District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 64752753

Published

prospective abuses and neglect, as defined in Section 39.01(1), (2), and (37), Florida Statutes. C. The

G.W.B. v. J.S.W.

647 So. 2d 918, 1994 Fla. App. LEXIS 11522

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 64753043

Published

the first two sentences had long been part of section 39.01(1), as indeed the court in Doe itself observed

M.H. v. State

637 So. 2d 25, 1994 Fla. App. LEXIS 4429, 1994 WL 178058

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 64748388

Published

into custody” is set forth in Florida Statutes Section 39.-01(51): “Taken into custody” means the status

In the Interest of A.L.O.

637 So. 2d 15, 1994 Fla. App. LEXIS 4437, 1994 WL 177848

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 64748385

Published

of C.M.H., 413 So.2d 418 (Fla. 1st DCA 1982); § 39.01(1), (37), Fla.Stat. (1993). DELL, C.J., and HERSEY

State v. C.S.

636 So. 2d 109, 1994 Fla. App. LEXIS 3378, 1994 WL 123548

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64748134

Published

into custody” on May 4 within the meaning of section 39.01(51), Florida Statutes (1993). “Taken into custody

State v. C.S.

636 So. 2d 109, 1994 Fla. App. LEXIS 3378, 1994 WL 123548

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64748134

Published

into custody” on May 4 within the meaning of section 39.01(51), Florida Statutes (1993). “Taken into custody

D.V.S. v. State

632 So. 2d 221, 1994 Fla. App. LEXIS 1212

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 64746481

Published

“commitment to the custody of the department.” Section 39.01(12), Fla.Stat. (1991). Therefore, even if section

Herrera v. Department of Health & Rehabilitative Services

631 So. 2d 385, 1994 Fla. App. LEXIS 1005, 1994 WL 45353

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746128

Published

Department of HRS, 577 So.2d 565, 571 (Fla.1991); § 39.01(10) Fla.Stat. (1993). Accordingly, the order under

Salinas v. Mason

627 So. 2d 525, 1993 Fla. App. LEXIS 10659, 1993 WL 414201

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 64744381

Published

section 95.11, Florida Statutes, refers to section 39.01(2) of the Juvenile Justice Act, I perceive a

In the Interest of C.D. v. State

624 So. 2d 867, 1993 WL 405182

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743123

Published

Duval House, a halfway house, as defined in section 39.01(25), Florida Statutes (1989). The issue on appeal

J.Y. v. State

635 So. 2d 34, 1993 Fla. App. LEXIS 9829, 1993 WL 382994

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 64747660

Published

amendments effective October 1, 1992. See § 39.061 and § 39.01(61)(c) and (d), Fla.Stat. (Supp.1992). . Section

B.J.M. v. State, Department of Health & Rehabilitative Services

627 So. 2d 512, 1993 Fla. App. LEXIS 9612

District Court of Appeal of Florida | Filed: Sep 28, 1993 | Docket: 64744379

Published

the child and the best interests of the state.” § 39.-001(2)(d), Fla.Stat. (1991). B.J.M. has alleged that

State v. Y.H.

622 So. 2d 1159, 1993 Fla. App. LEXIS 8639, 1993 WL 314299

District Court of Appeal of Florida | Filed: Aug 20, 1993 | Docket: 64698261

Published

a summons triggered the “speedy file” rule. Section 39.01(51), Florida Statutes (1991), defines “taken

Coy v. Department of Health & Rehabilitative Services

623 So. 2d 792, 1993 Fla. App. LEXIS 8633, 1993 WL 315981

District Court of Appeal of Florida | Filed: Aug 20, 1993 | Docket: 64698526

Published

custody of all children in the state’s care. Section 39.001(2)(b), Fla.Stat. (1991). It appears that, because

State v. A.S.

622 So. 2d 1127, 1993 Fla. App. LEXIS 8388, 1993 WL 303087

District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 64698251

Published

unconstitutional. The Court ruled that section 39.061 and section 39.01(61), Florida Statutes (Supp. 1990), defining

State v. F.G.

630 So. 2d 581, 1993 Fla. App. LEXIS 8337

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 64745832

Published

expressed at various points in the Chapter. In Section 39.01(21) "Disposition hearing” is defined as "a hearing

C.L.K. v. State, Department of Health & Rehabilitative Services

622 So. 2d 29, 1993 Fla. App. LEXIS 7054, 1993 WL 242717

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697981

Published

several bases for dependency as enumerated in section 39.-01(10), Florida Statutes (Supp.1990). It contains

T.J. v. State

619 So. 2d 425, 1993 Fla. App. LEXIS 6087

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 64696611

Published

delinquency by the state attorney” (emphasis added). Section 39.01(9) states: “ ‘Child who has been found to have

Jimenez v. Department of Health & Rehabilatative Services

619 So. 2d 405, 1993 Fla. App. LEXIS 6058, 1993 WL 182690

District Court of Appeal of Florida | Filed: Jun 1, 1993 | Docket: 64696605

Published

the ‘meaningful document’ contemplated by [section 39.01(40), Florida statutes]” because it failed to

R.A.H. v. State

614 So. 2d 1189, 1993 Fla. App. LEXIS 2355

District Court of Appeal of Florida | Filed: Feb 26, 1993 | Docket: 64694736

Published

delinquents that is operated by the department.” § 39.01(25), Fla.Stat. (1991). . Section 39.112 provides:

In the Interest of F.A.K.

613 So. 2d 609, 1993 Fla. App. LEXIS 2035, 1993 WL 40422

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 64694021

Published

behavior and, therefore, dependent pursuant to section 39.01(10)(a), Florida Statutes (1987). More than two

C.J. v. Rolle

608 So. 2d 117, 1992 Fla. App. LEXIS 11351, 1992 WL 317825

District Court of Appeal of Florida | Filed: Nov 3, 1992 | Docket: 64691782

Published

definition of the term “disposition hearing,” in section 39.01(21), Florida Statutes (1991),3 C.J. maintains

Interest of A.A. v. State

605 So. 2d 106, 1992 Fla. App. LEXIS 8918

District Court of Appeal of Florida | Filed: Aug 13, 1992 | Docket: 64669975

Published

“nonresidential, residential, and secure residential.” Section 39.-01(61) Fla.Stat. (Supp.1990). Moreover, because

In the Interest of D.P. v. State

597 So. 2d 952, 1992 Fla. App. LEXIS 5097

District Court of Appeal of Florida | Filed: May 11, 1992 | Docket: 64666886

Published

term “restrictiveness level” is defined in Section 39.01(61), as follows: “Restrictiveness level” means

Department of Health & Rehabilitative Services v. State

599 So. 2d 123, 1992 Fla. App. LEXIS 2901

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64667522

Published

contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare § 39.01(9), Fla.Stat. (1989). The new contempt provision

Wolf v. Department of Health & Rehabilitative Services

588 So. 2d 335, 1991 Fla. App. LEXIS 11042, 1991 WL 227661

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 64662727

Published

“habitually *336truant from school” as defined in section 39.01(8), Florida Statutes. Thereafter, an Order for

In the Interest of J.P.

586 So. 2d 485, 1991 Fla. App. LEXIS 9841, 1991 WL 192031

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 64661786

Published

families and children in need of services. Section 39.01(8), Florida Statutes (1989), defines a “child

K.A.N. v. State

582 So. 2d 57, 1991 Fla. App. LEXIS 7021

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 64659971

Published

944.40 and is a felony of the third degree.2 Section 39.01(61) defines “restrictiveness level” as: the

State v. F.T.H.

579 So. 2d 911, 1991 Fla. App. LEXIS 4832, 1991 WL 87965

District Court of Appeal of Florida | Filed: May 30, 1991 | Docket: 64658843

Published

constituted a “taking into custody” comes from section 39.01(51), Florida Statutes: “Taken into custody”

In the Interest of M.L. v. State

578 So. 2d 464, 1991 Fla. App. LEXIS 3849, 1991 WL 59998

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658269

Published

supplied.) “Community control” is defined in section 39.01(12), Florida Statutes (1989), as: ... the legal

In the Interest of M.L. v. State

578 So. 2d 464, 1991 Fla. App. LEXIS 3849, 1991 WL 59998

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658269

Published

supplied.) “Community control” is defined in section 39.01(12), Florida Statutes (1989), as: ... the legal

State, Department of Health & Rehabilitative Services v. Brooke

573 So. 2d 363, 1991 Fla. App. LEXIS 45

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 64655932

Published

1975), this court addressed the intent behind section 39.01(9), Florida Statutes (Supp.1974), which contains

In the Interest of C.G.

570 So. 2d 1136, 1990 Fla. App. LEXIS 9280, 15 Fla. L. Weekly Fed. D 2983

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 64654840

Published

meet the definition of neglect abuse found in section 39.01(37), Florida Statutes (1989): “Neglect” occurs

Interest of V.C.F. v. State

569 So. 2d 1364, 1990 Fla. App. LEXIS 8734, 1990 WL 178664

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 64654576

Published

appeal the lower court’s denial of this motion. Section 39.01(51), Florida Statutes (1989), defines the term

M.F. v. State

562 So. 2d 724, 1990 Fla. App. LEXIS 2813

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 64651025

Published

as the basis for a finding of delinquency. Section 39.01(9), Florida Statutes (Supp. 1988), defines a

Doe v. Department of Health & Rehabilitative Services

563 So. 2d 655

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 64651274

Published

unreasonable as a matter of law. CHILD ABUSE Section 39.01(2), Florida Statutes,14 defines child abuse

Interest of R.F.R. v. State

558 So. 2d 1084, 1990 Fla. App. LEXIS 1925

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 64649171

Published

consistent with public policy as articulated in Section 39.001(2)(a), Florida Statutes (1987).3 He was given

G.C. v. State

560 So. 2d 1186, 1990 Fla. App. LEXIS 564, 1990 WL 6486

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 64650332

Published

delinquency is affirmed on an alternative ground. See § 39.01(9), Fla.Stat. (1989). . In Harris v. State, 438

In Interest of C.C. v. Department of Health & Rehabilitative Services

556 So. 2d 416, 14 Fla. L. Weekly 2652, 1989 Fla. App. LEXIS 6467

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 64647968

Published

The statutory definition of abuse is found in section 39.01(2) and means “any willful act that results in

In the Interest of A.N.J. v. State

554 So. 2d 531, 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 4992

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64647214

Published

followed if the commitment resource is available. Section 39.001(3), Florida Statutes (1987), provides that

In the Interest of L.N.S.

546 So. 2d 808, 14 Fla. L. Weekly 1823, 1989 Fla. App. LEXIS 4307, 1989 WL 85237

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 64643867

Published

Interest of R.V.F, 437 So.2d 713 (Fla. 2d DCA 1983); § 39.01(1), Fla.Stat. (1987). ANSTEAD, DELL and STONE,

Doe v. Roe

543 So. 2d 741, 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327

Supreme Court of Florida | Filed: Apr 13, 1989 | Docket: 64642693

Published

to provide for and communicate with the child. § 39.01(1), Fla.Stat. The natural father here filed an

State v. M.G.

550 So. 2d 1122, 14 Fla. L. Weekly 683, 1989 Fla. App. LEXIS 1369

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64645799

Published

is rehabilitation rather than retribution. See § 39.001(2), Fla.Stat. (1985). The Act’s procedures expedite

B.C. v. A.P. ex rel. C.P.

538 So. 2d 525, 14 Fla. L. Weekly 472, 1989 Fla. App. LEXIS 698, 1989 WL 11224

District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 64640387

Published

psychological records is not at issue. . Section 39.01(13), Florida Statutes (Supp. 1988), states that

In the Interest of J.H.

535 So. 2d 669, 14 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 5678, 1988 WL 137222

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 64639258

Published

dangerous environment making him dependent under section 39.-01(9)(a), Florida Statutes (1985). The court combined

Ago

Florida Attorney General Reports | Filed: May 19, 1988 | Docket: 3257425

Published

Robert A. Butterworth Attorney General (ls) 1 Section 39.01(9), F.S., defines "[c]hild who has committed

Russell v. Wanicka

524 So. 2d 1077, 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062

District Court of Appeal of Florida | Filed: Apr 22, 1988 | Docket: 64634720

Published

has not been prosecuted as an adult case....” § 39.01(9), Fla.Stat. (1985). A minor who has committed

Roe v. Doe

524 So. 2d 1037, 13 Fla. L. Weekly 782, 1988 Fla. App. LEXIS 1157

District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 64634708

Published

of “abandonment” in Florida is that found in section 39.01(1), Florida Statutes (1985): (1) “Abandoned”

Jones v. In the Interest of A.W.

519 So. 2d 1141, 13 Fla. L. Weekly 441, 1988 Fla. App. LEXIS 563, 1988 WL 9052

District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 64632651

Published

court’s order adjudicating them dependent under section 39.01(27), Florida Statutes (1985). We agree with

Florida Bar re Advisory Opinion Hrs Nonlawyer Counselor

518 So. 2d 1270, 13 Fla. L. Weekly 68, 1988 Fla. LEXIS 158, 1988 WL 9838

Supreme Court of Florida | Filed: Feb 4, 1988 | Docket: 64632147

Published

A child who is found to be dependent is, under § 39.01, Florida Statute, a minor who has been abandoned

In the Interest of R.D.D.

518 So. 2d 411

District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 64631990

Published

provide a complete analysis of this situation. Section 39.01(27), Florida Statutes (1985) defines neglect

In the Interest of J.V. v. State

516 So. 2d 1133, 13 Fla. L. Weekly 14, 1987 Fla. App. LEXIS 11735

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631549

Published

authorization of blood transfu*1134sions to the child. Section 39.01(30), Florida Statutes (Supp.1986), defining

Meredith v. Smith

515 So. 2d 1386, 1987 WL 2331

District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631163

Published

erred in determining that Denise was abandoned. Section 39.01(1), Florida Statutes (Supp. 1986), defines “abandoned”

Scott v. Department of Health & Rehabilitative Services

509 So. 2d 1230, 1987 Fla. App. LEXIS 12381

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 64628415

Published

an abandonment as that term was defined in section 39.01(1), Florida Statutes (1984). The abandonment

Ago

Florida Attorney General Reports | Filed: Apr 14, 1987 | Docket: 3255691

Published

offense is appropriate in all cases." (e.s.) Section 39.001(2)(a), F.S. See also, ss. 39.02(5); 39.04;

In re W.L.B.

502 So. 2d 50, 12 Fla. L. Weekly 446, 1987 Fla. App. LEXIS 6622

District Court of Appeal of Florida | Filed: Feb 4, 1987 | Docket: 64624873

Published

custody. “Taken into custody” is defined by Section 39.01(33), Florida Statutes (1985), as meaning the

McCutcheon v. Trettis

501 So. 2d 710, 12 Fla. L. Weekly 427, 1987 Fla. App. LEXIS 6507

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624670

Published

child was a “dependent child” as defined by section 39.01(9), Florida Statutes (1985). Prior to any valid

Wirsing v. Department of Health & Rehabilitative Services

498 So. 2d 946, 11 Fla. L. Weekly 649, 1986 Fla. LEXIS 2950

Supreme Court of Florida | Filed: Dec 18, 1986 | Docket: 64623642

Published

abandoned, abused, or neglected the child. Section 39.01(1), Florida Statutes (1983) defines abandonment

In the Interest of D.W.K.

492 So. 2d 1360, 11 Fla. L. Weekly 1743, 1986 Fla. App. LEXIS 9266

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64621227

Published

The Florida Juvenile Justice Act was created, Section 39.001, Florida Statutes (Supp.1978), and provided

Anderson v. Department of Health & Rehabilitative Services

485 So. 2d 849, 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 64618279

Published

phrases (abuse against a child as defined in section 39.01) is susceptible to judicial determination and

In the Interest of S.J.W.

480 So. 2d 262, 11 Fla. L. Weekly 145, 1986 Fla. App. LEXIS 5886

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 64616283

Published

ability to care for the children were raised. Section 39.01(1) defines “abandoned” as a period of six months

In the Interest of J.H. v. State

480 So. 2d 680, 11 Fla. L. Weekly 36, 1985 Fla. App. LEXIS 16887

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 64616392

Published

appellant had neglected the children pursuant to section 39.01(26), Florida Statutes (1983)1. As grounds for

In Interest of Nc

479 So. 2d 200, 10 Fla. L. Weekly 2623

District Court of Appeal of Florida | Filed: Nov 22, 1985 | Docket: 463528

Published

disposition was made with respect to the third child. Section 39.001(2)(d), Florida Statutes (1983), recognizes

Weaver v. State, Department of Health & Rehabilitative Services

478 So. 2d 97, 10 Fla. L. Weekly 2463, 1985 Fla. App. LEXIS 16623

District Court of Appeal of Florida | Filed: Nov 1, 1985 | Docket: 64615343

Published

that the mother had abandoned the children, section 39.01(1), Florida Statutes (1983), had failed to substantially

Monteiro v. State

477 So. 2d 45, 10 Fla. L. Weekly 2398, 1985 Fla. App. LEXIS 16418

District Court of Appeal of Florida | Filed: Oct 22, 1985 | Docket: 64614806

Published

State, 383 So.2d 934 (Fla. 5th DCA 1980). See also § 39.001(2)(d), Fla.Stat. (1983); In re A.D.J., 466 So

Jones v. Florida Department of Health & Rehabilitative Services

475 So. 2d 1019, 10 Fla. L. Weekly 2627, 1985 Fla. App. LEXIS 16043

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 64614342

Published

dependent but did not specify grounds contained in section 39.-01(9), Florida Statutes (Supp.1984), and (2) reserved

F.B. v. State

474 So. 2d 1221, 27 Educ. L. Rep. 627, 10 Fla. L. Weekly 1964, 1985 Fla. App. LEXIS 14897

District Court of Appeal of Florida | Filed: Aug 15, 1985 | Docket: 64613913

Published

nonenrollment or nonattendance after enrollment. (See § 39.01(9)(d) and § 232.19(1) and (3)(a), Fla.Stat. (1984

In the Interest of T.S. v. State, Department of Health & Rehabilitative Services

464 So. 2d 677, 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 64610344

Published

sufficient evidence of abandonment as defined in section 39.01(1), Florida Statutes. The trial court accepted

In the Interest of T.S. v. State, Department of Health & Rehabilitative Services

464 So. 2d 677, 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 64610344

Published

sufficient evidence of abandonment as defined in section 39.01(1), Florida Statutes. The trial court accepted

In the Interest of L.M.H.

462 So. 2d 1210, 10 Fla. L. Weekly 337, 1985 Fla. App. LEXIS 12299

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 64609623

Published

committed a delinquent act in violation of section 39.01(8), Florida Statutes (1983), and committed her

R.C. v. State

461 So. 2d 215, 9 Fla. L. Weekly 2651, 1984 Fla. App. LEXIS 16326

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 64608965

Published

The phrase “taken into custody” is defined in section 39.01(32) as meaning ... the status of a child immediately

In the Interest of A.G.N.

460 So. 2d 498, 9 Fla. L. Weekly 2578, 1984 Fla. App. LEXIS 16649

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64608629

Published

N., Jr., is a dependent child as defined by section 39.01(9). Cognizant of the outstanding purposes of

A.O. v. State

456 So. 2d 1173, 9 Fla. L. Weekly 422, 1984 Fla. LEXIS 3420

Supreme Court of Florida | Filed: Sep 27, 1984 | Docket: 64607215

Published

Appeal affirmed the adjudication of delinquency. Section 39.01(9), Florida Statutes (1981), defines a dependent

Department of Health & Rehabilitative Services ex rel. M.H. v. State

447 So. 2d 359, 1984 Fla. App. LEXIS 12141

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 64603703

Published

dependency under Florida’s Juvenile Justice Act (Section 39.01(9)), they should be consistently treated as

Carnrike v. Department of Health & Rehabilitative Services

442 So. 2d 1093, 1983 Fla. App. LEXIS 25287

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601833

Published

does not support “abandonment” as defined in section 39.01(1), Florida Statutes (1981). However, it reflects

Carnrike v. Department of Health & Rehabilitative Services

442 So. 2d 1093, 1983 Fla. App. LEXIS 25287

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601833

Published

does not support “abandonment” as defined in section 39.01(1), Florida Statutes (1981). However, it reflects

A.O. v. State

433 So. 2d 22, 1983 Fla. App. LEXIS 19633

District Court of Appeal of Florida | Filed: Jun 14, 1983 | Docket: 64597578

Published

be adjudicated delinquent. It is true that Section 39.01(9), Florida Statutes (1981) provides that truancy

State, Department of Health & Rehabilitative Services v. Lancione

430 So. 2d 970, 1983 Fla. App. LEXIS 19281

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 64596835

Published

strengthen the child’s family ties whenever possible.” § 39.001(2)(c), Fla.Stat. (1981). Hard cases make bad law

Gamble v. Wells

436 So. 2d 173, 1983 Fla. App. LEXIS 19168

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64599000

Published

because the definition of “legal custody” at section 39.01(9), Florida Statutes (1975), does not expressly

Brown v. State

427 So. 2d 304

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 2568682

Published

"child" at the time of the alleged violation, see § 39.01(7), Fla. Stat. (1981), is convicted upon retrial

Brown v. State

427 So. 2d 304

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 2568682

Published

"child" at the time of the alleged violation, see § 39.01(7), Fla. Stat. (1981), is convicted upon retrial

V., S.R., P., S.L. v. State , Department of Health & Rehabilitative Services

427 So. 2d 1082, 1983 Fla. App. LEXIS 20201

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 64595534

Published

abandoned the children within the meaning of Section 39.01, Florida Statutes (1981). See In the Interest

In the Interest of A.T.P. v. State

427 So. 2d 355, 1983 Fla. App. LEXIS 19137

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 64595301

Published

filed against her was insufficient. We agree. Section 39.01(9), Florida Statutes, (1981), provides in relevant

In the Interest of T. C.

417 So. 2d 775, 1982 Fla. App. LEXIS 20762

District Court of Appeal of Florida | Filed: Aug 3, 1982 | Docket: 64591524

Published

or (c) abuse, as those terms are defined in Section 39.01, Florida Statutes (1979), was not sufficient

B. D. v. State

412 So. 2d 70, 1982 Fla. App. LEXIS 19758

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589070

Published

State, 401 So.2d 1131 (Fla. 4th DCA 1981). . Section 39.01(8).

State v. J. M. Z.

408 So. 2d 1063, 1982 Fla. App. LEXIS 18868

District Court of Appeal of Florida | Filed: Jan 5, 1982 | Docket: 64587396

Published

Chapter 80-290, Laws of Florida (1980). . Section 39.01(33), Florida Statutes. . Sections 39.01(21)

State v. M.T.S.

408 So. 2d 662, 1981 Fla. App. LEXIS 22084

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587310

Published

State v. M. M.

407 So. 2d 987, 1981 Fla. App. LEXIS 21942

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 64587071

Published

was “a dependent child [within the purview of Section 39.01(9)(d)] for reason of . . . persistent truancy”

Interest of R.D.B. v. State

404 So. 2d 136, 1981 Fla. App. LEXIS 20923

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 64585227

Published

“as part of the community control program.” Section 39.01(10) describes “community control” for purposes

G. E. J. v. State

401 So. 2d 1325, 1981 Fla. LEXIS 2772

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 64584504

Published

are aware that the 1980 legislature amended section 39.01, Florida Statutes, to include a definition of

In the Interest of S. M. v. McCormack

398 So. 2d 511, 1981 Fla. App. LEXIS 19938

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64582665

Published

control. We answer the question in the negative. Section 39.01(10), Florida Statutes (1979), defines “community

G. D. W. v. State

395 So. 2d 638, 1981 Fla. App. LEXIS 18954

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64581158

Published

constitutional standard of fundamental fairness.” § 39.-001(2Xe), Fla.Stat. (1979). The requirement unquestionably

T.E.C. v. State

395 So. 2d 282, 1981 Fla. App. LEXIS 28295

District Court of Appeal of Florida | Filed: Mar 17, 1981 | Docket: 64581020

Published

nom. Porter v. State, 340 So.2d 1163 (Fla.1976); § 39.01(8), Fla.Stat. (1979).

State v. G. D. M.

394 So. 2d 1017, 1981 Fla. LEXIS 2573

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 64580796

Published

juvenile, in which the trial judge found that section 39.01, Florida Statutes (1979), is: violative of due

P. A. C. v. State

391 So. 2d 364, 1980 Fla. App. LEXIS 18246

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 64579275

Published

legislative act creating § 39.112 also amended § 39.01(10), Florida Statutes, defining “community control”

G.A. v. State

391 So. 2d 720, 1980 Fla. App. LEXIS 18269

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 64579372

Published

541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966); Section 39.001(2), Fla.Stat. (1978 Supp.). The legislature

J. M. J. v. State

389 So. 2d 1208, 1980 Fla. App. LEXIS 18000

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 64578717

Published

designating truant and runaway behavior as dependency. § 39.01(9), Fla.Stat. (Supp.1978).1 The state responds

R.P. v. State

389 So. 2d 658, 1980 Fla. App. LEXIS 18052

District Court of Appeal of Florida | Filed: Sep 30, 1980 | Docket: 64578561

Published

By that enactment, the Legislature amended Section 39.01 by adding subsection (36) defining “training

J.C. v. State

377 So. 2d 731, 1979 Fla. App. LEXIS 16159

District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 64573102

Published

with directions to discharge him. Reversed. . § 39.01(10), Fla.Stat. (1977). ‘“Delinquent child’ means

J.C. v. State

377 So. 2d 731, 1979 Fla. App. LEXIS 16159

District Court of Appeal of Florida | Filed: Nov 20, 1979 | Docket: 64573102

Published

with directions to discharge him. Reversed. . § 39.01(10), Fla.Stat. (1977). ‘“Delinquent child’ means

Office of the Public Defender of the Ninth Judicial Circuit v. Baker

371 So. 2d 684, 1979 Fla. App. LEXIS 14751

District Court of Appeal of Florida | Filed: May 31, 1979 | Docket: 64570484

Published

charge is within the definitions contained in Section 39.01(9) of the 1978 Florida Juvenile Justice Act

State v. In the Interest of C. B. K.

362 So. 2d 354, 1978 Fla. App. LEXIS 17188

District Court of Appeal of Florida | Filed: Aug 14, 1978 | Docket: 64565967

Published

support adjudication of delinquency. West’s F.S.A. § 39.01(29).’ The Court having considered the aforesaid

State v. Borgen

350 So. 2d 516, 1977 Fla. App. LEXIS 16467

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 64560475

Published

above certified question. Effective July 1, 1974, § 39.01, Florida Statutes, changed the definition of “child”

In the Interest of D. T. H. v. State

348 So. 2d 1155, 1977 Fla. LEXIS 3976

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 64559751

Published

County, upholding the constitutional validity of Section 39.01(11), Florida Statutes, thereby vesting jurisdiction

In the Interest of C. F.

345 So. 2d 709, 1977 Fla. LEXIS 3866

Supreme Court of Florida | Filed: Mar 24, 1977 | Docket: 64558422

Published

indigent juve*710niles in proceedings under Section 39.01(11), Florida Statutes. It appears that the question

State v. Saunders

339 So. 2d 641, 1976 Fla. LEXIS 4602

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 64555999

Published

as “a child who commits a violation of law.” Section 39.-01(12), Florida Statutes (1975). . The first

C. W. C. v. State

334 So. 2d 275, 1976 Fla. App. LEXIS 15695

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554322

Published

juvenile traffic offense as defined in Florida Statute 39.-01(29). Thus, we are solely concerned with

McCraw v. State

330 So. 2d 48, 1976 Fla. App. LEXIS 14100

District Court of Appeal of Florida | Filed: Jan 26, 1976 | Docket: 64553210

Published

pursuant to ch. 73-231, § 23, Fla.Laws, which amended § 39.01(6), F.S.1973, to extend jurisdiction to 17 year-olds

A. D. T. v. State

318 So. 2d 478, 1975 Fla. App. LEXIS 15202

District Court of Appeal of Florida | Filed: Aug 28, 1975 | Docket: 64549035

Published

expressed by the Florida *480Legislature in F.S. 39.001. The four purposes listed are: “(1) To protect

F. B. v. State

319 So. 2d 77, 1975 Fla. App. LEXIS 15263

District Court of Appeal of Florida | Filed: Aug 26, 1975 | Docket: 64549246

Published

authority on F.S. 39.-11(2) (c), which incorporated F.S. 39.01(9). We there held that a careful reading of that

Ago

Florida Attorney General Reports | Filed: Apr 15, 1975 | Docket: 3258411

Published

accordance with Ch. 39, F.S. Section 39.06(7). Section 39.01(30) defines "taken into custody" as ". . . the

T. B. v. State

306 So. 2d 183, 1975 Fla. App. LEXIS 14713

District Court of Appeal of Florida | Filed: Jan 17, 1975 | Docket: 64543794

Published

concur. . “Detention care” is defined in Fla.Stat. § 39.01(17) (1973) as “the temporary care of children in

In re Transition Rule 18

297 So. 2d 5, 1974 Fla. LEXIS 3697

Supreme Court of Florida | Filed: Jul 10, 1974 | Docket: 64539918

Published

Florida, effective July 1, 1974, amending Fla. Stat. § 39.01(6), F.S.A., and changing the definition of “child”

State ex rel. Price v. Duncan

280 So. 2d 422, 1973 Fla. LEXIS 5042

Supreme Court of Florida | Filed: Jun 27, 1973 | Docket: 64533383

Published

need of supervision”, as defined in Fla.Stat. § 39.-01(10) (a), F.S.A. Respondents have refused to exercise

K. M. v. State

277 So. 2d 577, 1973 Fla. App. LEXIS 6773

District Court of Appeal of Florida | Filed: May 4, 1973 | Docket: 64532227

Published

Stat. § 26.012 (2) (c), F.S.A., and Fla.Stat. § 39.01(1), F.S.A., which implement the new language of

D. M. M. v. State

275 So. 2d 308, 1973 Fla. App. LEXIS 7065

District Court of Appeal of Florida | Filed: Mar 28, 1973 | Docket: 64531216

Published

child who commits a violation of law.” See, F.S. § 39.01(11) (1971), F.S.A. It therefore follows that, if

In the Interest of J. D. D. v. State

268 So. 2d 457

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 64528442

Published

regardless of where the violation occurred”. Section 39.01(11), F.S. 1971, F.S.A. A violation of law is

In the Interest of G. K. L.

194 So. 2d 36, 1967 Fla. App. LEXIS 5215

District Court of Appeal of Florida | Filed: Jan 24, 1967 | Docket: 64499431

Published

adjudicated the child dependent. See Fla.Stat.1965, § 39.01(10), F.S.A. The Juvenile Court awarded temporary

In the Interest of S. T. P.

194 So. 2d 29

District Court of Appeal of Florida | Filed: Jan 10, 1967 | Docket: 64499427

Published

dependent children within the meaning of Fla. Stat. § 39.01(10), F. S. A. On this appeal, it is first urged

In re C. P.

193 So. 2d 33

District Court of Appeal of Florida | Filed: Dec 20, 1966 | Docket: 64499094

Published

the child was a dependent within the purview of § 39.01(10), Florida Statutes, F.S.A. We agree that the

In the Interest of D. A. W.

178 So. 2d 745, 1965 Fla. App. LEXIS 3689

District Court of Appeal of Florida | Filed: Oct 6, 1965 | Docket: 64494240

Published

finding that the child was dependent under F.S. § 39.-01(10), F.S.A. This adjudication was not challenged

Conrad v. Rose

173 So. 2d 762, 1965 Fla. App. LEXIS 4508

District Court of Appeal of Florida | Filed: Apr 9, 1965 | Docket: 64492687

Published

court .is in existence in Charlotte County. Section 39.01(10), F.S.A., defines a dependent child as one

In the Interest of W. S. B.

157 So. 2d 548

District Court of Appeal of Florida | Filed: Nov 19, 1963 | Docket: 60216561

Published

involved are dependent children within the meaning of § 39.01, Fla.Stat., F.S.A. Appellant urges that such a

In re J. S. D.

156 So. 2d 780

District Court of Appeal of Florida | Filed: Oct 11, 1963 | Docket: 60215916

Published

adjudged delinquent within the meaning of Fla.Stat. § 39.01(11), F.S.A. and was ordered committed. The adjudication

ANE v. State

156 So. 2d 525

District Court of Appeal of Florida | Filed: Sep 25, 1963 | Docket: 446124

Published

Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. § 39.01 et seq. Brinkhoff's said petition is in two counts

A. N. E. v. State

156 So. 2d 525

District Court of Appeal of Florida | Filed: Sep 13, 1963 | Docket: 60215585

Published

Chapter 26880, Laws of Florida, Acts of 1951, F.S.A. § 39.01 et seq. Brinkhoff’s said petition is in two counts

Perdue v. Perdue

155 So. 2d 665, 1963 Fla. App. LEXIS 3433

District Court of Appeal of Florida | Filed: May 9, 1963 | Docket: 60214525

Published

the said minors were dependent children under Section 39.-01, Florida Statutes, F.S.A., and placed them

State v. Hazellief

148 So. 2d 28

District Court of Appeal of Florida | Filed: Dec 19, 1962 | Docket: 60209114

Published

exceeding one thousand dollars.” . Fla.Stat. § 39.01 F.S.A.

In re C. E. S.

106 So. 2d 610

District Court of Appeal of Florida | Filed: Nov 18, 1958 | Docket: 60191196

Published

was a “dependent” child within the meaning of Section 39.01(10), Florida Statutes, F.S.A., and that the

State v. J. K.

104 So. 2d 113, 1958 Fla. App. LEXIS 2949

District Court of Appeal of Florida | Filed: Jun 25, 1958 | Docket: 60190391

Published

Statutes, F.S.A., provides for juvenile courts. Section 39.01 provides that a juvenile court means any court

Ponce v. Children's Home Society of Florida

97 So. 2d 194

Supreme Court of Florida | Filed: Sep 25, 1957 | Docket: 64489474

Published

Chapter 26880, Sec. 3, Laws of Florida 1951, F.S.A. § 39.01 note. The acts which apply to the Juvenile and