Florida Statutes

Fla. Stat. § 39.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 800 cases (50 in the last 5 years), 1953–2026 · leading case: O.I.C.L., a child v. Dep't of Child. & Families, 169 So. 3d 1244 (Fla. 4th DCA 2015).

Sort: Relevance Newest Treatment

O.I.C.L., a child v. Dep't of Child. & Families, 169 So. 3d 1244 (Fla. 4th DCA 2015). · cites it 78× “As courts are likely to continue encountering more of these cases in the future, we believe some guidance on the proper handling of these cases is required.”

O.I.C.L., a Minor Child v. Florida Dep't of Child. & Families, 205 So. 3d 575 (Fla. 2016). · cites it 49× “did “not qualify as dependent under section 39.01 because he left his Mother in Guatemala and he now resides with and is cared for by his Uncle, against whom there are no allegations of abandonment, abuse, or neglect.”

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). · cites it 29× “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

In the Interest of: B.R.C.M., A Minor Child v. Florida Dep't of Child. & Families, 215 So. 3d 1219 (Fla. 2017). · cites it 38× “” Understanding the insufficiency of the claims made on these two grounds requires a journey through the definitional maze of section 39.01. The dependency claim here relates to abandonment and neglect—not to abuse.”

In the Interest Of: S.A.R.D., 182 So. 3d 897 (Fla. 3d DCA 2016). · cites it 24× “He is seeking an order of dependency under section 39.01, Florida Statutes (2015), on the basis of abandonment by his father and neglect by his mother in order to become eligible for a Special Immigrant Juvenile (“SIJ”) status visa under 8 U.”

Dh v. Dep't of Child. & Fam., 769 So. 2d 424 (Fla. 4th DCA 2000). · cites it 19× “Further, while the statutory definition of abandonment would include leaving the child unattended while incarcerated, see section 39.01(1), Florida Statutes (Supp.”

In the Interest of K.B.L v. a Minor, 176 So. 3d 297 (Fla. 3d DCA 2015). · cites it 14× “’s dependency adjudication as an abandoned child within the meaning of section 39.01(1). K.B.L.V. was seventeen years old at the time he filed his petition.”

Florida Dept. of Child. & Families, et.al. v. A.R. & R.L., Parents, 253 So. 3d 1158 (Fla. 3d DCA 2018). · cites it 16× “The parents purportedly “subjected the [c]hild to sexual battery or sexual abuse as defined in Section 39.01, or chronic abuse.” § 39.806(1)(g), Fla.”

DuFresne v. State, 826 So. 2d 272 (Fla. 2002). · cites it 10× “See § 39.01(2), Fla. Stat. (2001). [6] Relatedly, "harm," as defined in section 39.”

AA v. Rolle, 604 So. 2d 813 (Fla. 1992). · cites it 16× “§ 39.01(10), Fla. Stat. (Supp. 1990). The acts of contempt committed by the dependent children in this case constituted running away from home and refusing to go to school.”

In the Interest of B.Y.G.m, a Minor, 176 So. 3d 290 (Fla. 3d DCA 2015). · cites it 12× “is at substantial risk of imminent abuse, abandonment or neglect. She is secure and safe in the custody of her mother who provides supervision and care.”

E.A.R. v. State, 4 So. 3d 614 (Fla. 2009). · cites it 14× “The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.”

Show all 800 citing cases →

— 39.01(01) — 1 case

PD v. Dep't of Child. & Families, 866 So. 2d 100 (Fla. 1st DCA 2004).

— 39.01(1) — 143 cases

In Interest of KAF, 442 So. 2d 365 (Fla. 5th DCA 1983).

In Re Adoption of Baby EAW, 658 So. 2d 961 (Fla. 1995).

J.E. v. Dep't of Child. & Families, 126 So. 3d 424 (Fla. 4th DCA 2013).

O.I.C.L., a child v. Dep't of Child. & Families, 169 So. 3d 1244 (Fla. 4th DCA 2015). “As courts are likely to continue encountering more of these cases in the future, we believe some guidance on the proper handling of these cases is required.”

In the Interest of K.B.L v. a Minor, 176 So. 3d 297 (Fla. 3d DCA 2015). “’s dependency adjudication as an abandoned child within the meaning of section 39.01(1). K.B.L.V. was seventeen years old at the time he filed his petition.”

— 39.01(10) — 52 cases

O.I.C.L., a Minor Child v. Florida Dep't of Child. & Families, 205 So. 3d 575 (Fla. 2016). “did “not qualify as dependent under section 39.01 because he left his Mother in Guatemala and he now resides with and is cared for by his Uncle, against whom there are no allegations of abandonment, abuse, or neglect.”

AA v. Rolle, 604 So. 2d 813 (Fla. 1992). “§ 39.01(10), Fla. Stat. (Supp. 1990). The acts of contempt committed by the dependent children in this case constituted running away from home and refusing to go to school.”

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

In the Interest Of: S.A.R.D., 182 So. 3d 897 (Fla. 3d DCA 2016). “He is seeking an order of dependency under section 39.01, Florida Statutes (2015), on the basis of abandonment by his father and neglect by his mother in order to become eligible for a Special Immigrant Juvenile (“SIJ”) status visa under 8 U.”

— 39.01(10)(a) — 6 cases

Hardy v. Dept. of Hrs, 568 So. 2d 1314 (Fla. 5th DCA 1990).

Denson v. Dept. of Health & Rehab. Serv., 661 So. 2d 934 (Fla. 5th DCA 1995).

Clock v. Clock, 649 So. 2d 312 (Fla. 3d DCA 1995).

Smith v. DHRS, 665 So. 2d 1153 (Fla. 5th DCA 1996).

Gelrod v. Dep't of Health & Rehabilitative Servs., 648 So. 2d 862 (Fla. 3d DCA 1995).

— 39.01(10)(g) — 1 case

In Re Rjc, 300 So. 2d 54 (Fla. 1st DCA 1974).

— 39.01(11) — 20 cases

In Interest of Hutchins, 345 So. 2d 703 (Fla. 1977).

OS v. Dep't of Child. & Families, 821 So. 2d 1145 (Fla. 4th DCA 2002).

D. Child. v. Child. & Fam. Serv., 820 So. 2d 980 (Fla. 4th DCA 2002).

State v. Lindsay, 284 So. 2d 377 (Fla. 1973).

R.F. v. Florida Dep't of Child. & Families, 770 So. 2d 1189 (Fla. 2000).

— 39.01(11)(a) — 1 case

In Re Mf, 770 So. 2d 1189 (Fla. 2000).

— 39.01(11)(f) — 1 case

Eddy v. Child. & Fam. Servs., 704 So. 2d 734 (Fla. 5th DCA 1998).

— 39.01(12) — 24 cases

State v. Saunders, 339 So. 2d 641 (Fla. 1976).

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004).

In Interest of Hutchins, 345 So. 2d 703 (Fla. 1977).

Ek v. Dep't of Child. & Fam., 948 So. 2d 54 (Fla. 3d DCA 2007).

— 39.01(12)(a) — 1 case

F. & F. v. Duval Cnty., 273 So. 2d 15 (Fla. 1st DCA 1973).

— 39.01(13) — 8 cases

Contreras v. State, 910 So. 2d 901 (Fla. 4th DCA 2005).

State v. Contreras, 979 So. 2d 896 (Fla. 2008).

Hernandez v. State, 946 So. 2d 1270 (Fla. 2d DCA 2007).

B.C. v. A.P. ex rel. C.P., 538 So. 2d 525 (Fla. 3d DCA 1989).

In the Interest of J.P. v. State, 681 So. 2d 1183 (Fla. 2d DCA 1996).

— 39.01(13)(a) — 2 cases

State v. Lindsay, 284 So. 2d 377 (Fla. 1973).

JDD v. State, 268 So. 2d 457 (Fla. 4th DCA 1972).

— 39.01(14) — 27 cases

BC v. Dep't of Child. & Families, 864 So. 2d 486 (Fla. 5th DCA 2004).

MW v. Davis, 756 So. 2d 90 (Fla. 2000).

In Interest of Kv, 939 So. 2d 200 (Fla. 2d DCA 2006).

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007).

DeBolt v. Dept. of Health & Rehab. Servs., 427 So. 2d 221 (Fla. 1st DCA 1983).

— 39.01(14)(a) — 51 cases

BC v. Dep't of Child. & Families, 864 So. 2d 486 (Fla. 5th DCA 2004).

In Interest of Ps, 825 So. 2d 530 (Fla. 2d DCA 2002).

RS v. Dep't of Child. & Families, 881 So. 2d 1130 (Fla. 4th DCA 2004).

Dh v. Dep't of Child. & Fam., 769 So. 2d 424 (Fla. 4th DCA 2000). “Further, while the statutory definition of abandonment would include leaving the child unattended while incarcerated, see section 39.01(1), Florida Statutes (Supp.”

In the Interest of T.B. v. Dep't of Child. & Fam. Servs., 939 So. 2d 1192 (Fla. 2d DCA 2006).

— 39.01(14)(e) — 4 cases

Flm v. Dep't of Child. & Fams., 912 So. 2d 1264 (Fla. 4th DCA 2005).

C.D. v. Dep't of Child. & Families, 816 So. 2d 1229 (Fla. 5th DCA 2002).

L.T. Ex Rel. K.S.L. v. Dep't of Child. & Families, 48 So. 3d 928 (Fla. 5th DCA 2010).

Dep't of Child. & Families & Statewide Guardian Ad Litem Vs J.j., Father of E.j., & C.j., Child. (Fla. 5th DCA 2023).

— 39.01(14)(f) — 50 cases

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1246 (Fla. 2d DCA 2007).

Dep't of Child. & Families v. BB, 824 So. 2d 1000 (Fla. 5th DCA 2002).

In Interest of Ps, 825 So. 2d 530 (Fla. 2d DCA 2002).

MN v. Dep't of Child. & Families, 826 So. 2d 445 (Fla. 5th DCA 2002).

— 39.01(15) — 18 cases

In the Interest of: B.R.C.M., A Minor Child v. Florida Dep't of Child. & Families, 215 So. 3d 1219 (Fla. 2017). “” Understanding the insufficiency of the claims made on these two grounds requires a journey through the definitional maze of section 39.01. The dependency claim here relates to abandonment and neglect—not to abuse.”

In the Interest of B.Y.G.m, a Minor, 176 So. 3d 290 (Fla. 3d DCA 2015). “is at substantial risk of imminent abuse, abandonment or neglect. She is secure and safe in the custody of her mother who provides supervision and care.”

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

— 39.01(15)(a) — 23 cases

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

In the Interest Of: F.J.G.M., 196 So. 3d 534 (Fla. 3d DCA 2016).

— 39.01(15)(e) — 12 cases

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

— 39.01(15)(f) — 25 cases

SS v. Dep't of Child. & Families, 81 So. 3d 618 (Fla. 1st DCA 2012).

S.T. v. Dep't of Child. & Fam. Servs., 87 So. 3d 827 (Fla. 2d DCA 2012).

In the Interest of Y v. a Minor Child, 160 So. 3d 576 (Fla. 1st DCA 2015).

— 39.01(15)(g) — 2 cases

A.M. v. Dep't of Child. & Families, 140 So. 3d 696 (Fla. 3d DCA 2014).

M.P.L. v. Dep't of Child. & Families, 211 So. 3d 258 (Fla. 4th DCA 2017).

— 39.01(16) — 9 cases

RBS v. Capri, 384 So. 2d 692 (Fla. 3d DCA 1980).

RW v. Soud, 639 So. 2d 25 (Fla. 1994).

AA v. Rolle, 580 So. 2d 282 (Fla. 3d DCA 1991).

State v. E.D.P., 724 So. 2d 1144 (Fla. 1998).

— 39.01(16)(a) — 1 case

C.J. v. Rolle, 608 So. 2d 117 (Fla. 3d DCA 1992).

— 39.01(16)(b) — 2 cases

Dep't of Health & Rehabilitative Servs. v. State, 599 So. 2d 123 (Fla. 5th DCA 1992).

DHRS v. State, 599 So. 2d 123 (Fla. 5th DCA 1992).

— 39.01(17) — 3 cases

DS v. Dep't of Child. & Families, 900 So. 2d 628 (Fla. 5th DCA 2005).

Div. of Fam. Servs. v. State, 319 So. 2d 72 (Fla. 1st DCA 1975).

T. B. v. State, 306 So. 2d 183 (Fla. 2d DCA 1975).

— 39.01(18) — 4 cases

WW v. Dept. of Child. & Families, 811 So. 2d 791 (Fla. 4th DCA 2002).

B.H. v. State, 645 So. 2d 987 (Fla. 1994).

AH v. Dep't of Child. & Families, 63 So. 3d 874 (Fla. 1st DCA 2011).

BH v. State, 645 So. 2d 987 (Fla. 1994).

— 39.01(19) — 2 cases

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).

In re Stand. Jury Instructions in Crim. Cases-Report 2011-02, 75 So. 3d 207 (Fla. 2011).

— 39.01(2) — 125 cases

In Interest of DJS, 563 So. 2d 655 (Fla. 1st DCA 1990).

In Interest of JLP, 416 So. 2d 1250 (Fla. 4th DCA 1982).

Raford v. State, 828 So. 2d 1012 (Fla. 2002).

AA v. Dep't of Child. & Families, 908 So. 2d 585 (Fla. 5th DCA 2005).

In Interest of Gdh, 498 So. 2d 676 (Fla. 1st DCA 1986).

— 39.01(20) — 4 cases

Mahmood v. Mahmood, 15 So. 3d 1 (Fla. 4th DCA 2009).

Ag v. Dept. of Child. & Fam. Serv., 716 So. 2d 792 (Fla. 4th DCA 1998).

Dcf v. J.D. (Fla. 5th DCA 2016).

Dep't of Child. & Families v. J.D., 198 So. 3d 960 (Fla. 5th DCA 2016).

— 39.01(21) — 7 cases

E.A.R. v. State, 4 So. 3d 614 (Fla. 2009). “The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.”

Ag v. Dept. of Child. & Fam. Serv., 716 So. 2d 792 (Fla. 4th DCA 1998).

EAR v. State, 4 So. 3d 614 (Fla. 2009).

Hroncich v. Dep't of Health, 667 So. 2d 804 (Fla. 5th DCA 1996).

State v. F.G., 630 So. 2d 581 (Fla. 3d DCA 1993).

— 39.01(21)(a) — 1 case

State v. G. D. M., 394 So. 2d 1017 (Fla. 1981).

— 39.01(24) — 3 cases

In the Interest of T.J., 59 So. 3d 1187 (Fla. 3d DCA 2011).

In Re Tj, 59 So. 3d 1187 (Fla. 3d DCA 2011).

S.M., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2024).

— 39.01(25) — 6 cases

Div. of Fam. Servs. v. State, 319 So. 2d 72 (Fla. 1st DCA 1975).

R.A.H. v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993).

State v. In the Interest of C. B. K., 362 So. 2d 354 (Fla. 1st DCA 1978).

RAH v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993).

In the Interest of C.D. v. State, 624 So. 2d 867 (Fla. 1st DCA 1993).

— 39.01(26) — 9 cases

Yem v. State, Dept. of H & R Serv., 462 So. 2d 1147 (Fla. 3d DCA 1984).

Eh v. State, Dept. of H & R Servs., 443 So. 2d 1083 (Fla. 3d DCA 1984).

In Interest of AB, 444 So. 2d 981 (Fla. 1st DCA 1983).

In Interest of DJS, 563 So. 2d 655 (Fla. 1st DCA 1990).

In the Interest of J.H. v. State, 480 So. 2d 680 (Fla. 1st DCA 1985).

— 39.01(27) — 22 cases

It v. State, Dept. of Health & Rehab. Serv., 532 So. 2d 1085 (Fla. 3d DCA 1988).

In Interest of Gdh, 498 So. 2d 676 (Fla. 1st DCA 1986).

In Interest of JLP, 416 So. 2d 1250 (Fla. 4th DCA 1982).

Kh v. State, Dept. of Health & Rehab. Serv., 527 So. 2d 230 (Fla. 1st DCA 1988).

In Interest of TD, 537 So. 2d 173 (Fla. 1st DCA 1989).

— 39.01(28) — 4 cases

E.A.R. v. State, 4 So. 3d 614 (Fla. 2009). “The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.”

EAR v. State, 4 So. 3d 614 (Fla. 2009).

F.A.T. v. State, 690 So. 2d 1347 (Fla. 1st DCA 1997).

FAT v. State, 690 So. 2d 1347 (Fla. 1st DCA 1997).

— 39.01(29) — 1 case

State v. In the Interest of C. B. K., 362 So. 2d 354 (Fla. 1st DCA 1978).

— 39.01(3) — 6 cases

Doerr v. State, 383 So. 2d 905 (Fla. 1980).

Doerr v. State, 348 So. 2d 938 (Fla. 2d DCA 1977).

A.R. v. Dep't of Child. & Fam. Servs., 876 So. 2d 647 (Fla. 2d DCA 2004).

Dcf v. J.D. (Fla. 5th DCA 2016).

Dep't of Child. & Families v. J.D., 198 So. 3d 960 (Fla. 5th DCA 2016).

— 39.01(3)(g) — 2 cases

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1240 (Fla. 2d DCA 2007).

In Re Lc, 947 So. 2d 1240 (Fla. 2d DCA 2007).

— 39.01(3)(i) — 1 case

C.C. v. Dep't of Child. & Families, 946 So. 2d 548 (Fla. 5th DCA 2006).

— 39.01(30) — 34 cases

DD v. Dept. of Child. & Families, 773 So. 2d 615 (Fla. 5th DCA 2000).

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1246 (Fla. 2d DCA 2007).

B.J. v. Dep't of Child. & Families, 190 So. 3d 191 (Fla. 3d DCA 2016).

— 39.01(30)(1) — 1 case

F.G. v. Dep't of Child. & Families, 192 So. 3d 1250 (Fla. 3d DCA 2016).

— 39.01(30)(4) — 1 case

Garrett v. State, 978 So. 2d 214 (Fla. 5th DCA 2008).

— 39.01(30)(I) — 2 cases

WV v. Dep't of Child. & Families, 840 So. 2d 430 (Fla. 5th DCA 2003).

JBPF v. Dep't of Child. & Families, 837 So. 2d 1108 (Fla. 4th DCA 2003).

— 39.01(30)(a) — 24 cases

TG v. Dep't of Child. & Families, 927 So. 2d 104 (Fla. 1st DCA 2006).

AA v. Dep't of Child. & Families, 908 So. 2d 585 (Fla. 5th DCA 2005).

JC v. Dept. of Child. & Families, 773 So. 2d 1220 (Fla. 4th DCA 2000).

Bc v. Dep't of Child. & Families, 846 So. 2d 1273 (Fla. 4th DCA 2003).

RM v. Dep't of Child. & Families, 886 So. 2d 329 (Fla. 5th DCA 2004).

— 39.01(30)(a)(1)(a) — 2 cases

L.M.C. v. Dep't of Child. & Fam. Servs., 934 So. 2d 623 (Fla. 2d DCA 2006).

In Re Oc, 934 So. 2d 623 (Fla. 2d DCA 2006).

— 39.01(30)(a)(1)(i) — 1 case

In Re St, 940 So. 2d 571 (Fla. 2d DCA 2006).

— 39.01(30)(a)(3) — 3 cases

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1246 (Fla. 2d DCA 2007).

L.M.C. v. Dep't of Child. & Fam. Servs., 934 So. 2d 623 (Fla. 2d DCA 2006).

In Re Oc, 934 So. 2d 623 (Fla. 2d DCA 2006).

— 39.01(30)(a)(4) — 6 cases

AA v. Dep't of Child. & Families, 908 So. 2d 585 (Fla. 5th DCA 2005).

SL v. Dept. of Child. & Families, 787 So. 2d 973 (Fla. 5th DCA 2001).

Pc v. Dep't of Child. & Fam., 898 So. 2d 195 (Fla. 2d DCA 2005).

L.M.C. v. Dep't of Child. & Fam. Servs., 934 So. 2d 623 (Fla. 2d DCA 2006).

Garrett v. State, 978 So. 2d 214 (Fla. 5th DCA 2008).

— 39.01(30)(a)(4)(k) — 2 cases

L.M.C. v. Dep't of Child. & Fam. Servs., 934 So. 2d 623 (Fla. 2d DCA 2006).

In Re Oc, 934 So. 2d 623 (Fla. 2d DCA 2006).

— 39.01(30)(a)(l)(i) — 1 case

M.C. v. Dep't of Child. & Fam. Servs., 940 So. 2d 571 (Fla. 2d DCA 2006).

— 39.01(30)(b) — 4 cases

Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004).

D. Child. v. Child. & Fam. Serv., 820 So. 2d 980 (Fla. 4th DCA 2002).

Ts v. Florida Dept. of Child. & Fam., 935 So. 2d 626 (Fla. 1st DCA 2006).

E.N. v. Dep't of Child. & Families, 224 So. 3d 900 (Fla. 2d DCA 2017).

— 39.01(30)(e) — 1 case

V.C.B. & E.G.B. v. Sultan Shakir, 145 So. 3d 967 (Fla. 4th DCA 2014).

— 39.01(30)(f) — 5 cases

State v. J.P., 907 So. 2d 1101 (Fla. 2004).

AD v. Dep't of Child. & Families, 837 So. 2d 1078 (Fla. 5th DCA 2003).

WV v. Dep't of Child. & Families, 840 So. 2d 430 (Fla. 5th DCA 2003).

State v. JP, 907 So. 2d 1101 (Fla. 2004).

— 39.01(30)(g) — 18 cases

TG v. Dep't of Child. & Families, 927 So. 2d 104 (Fla. 1st DCA 2006).

CA v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007).

PD v. Dep't of Child. & Families, 866 So. 2d 100 (Fla. 1st DCA 2004).

B.J. v. Dep't of Child. & Families, 190 So. 3d 191 (Fla. 3d DCA 2016).

R.W.W. v. State, Dep't of Child. & Families, 788 So. 2d 1020 (Fla. 2d DCA 2001).

— 39.01(30)(g)(1) — 1 case

Dep't of Child. & Families v. B.G., a Child, 192 So. 3d 1256 (Fla. 4th DCA 2016).

— 39.01(30)(g)(2) — 2 cases

D.G. v. Dep't of Child. & Families, 835 So. 2d 408 (Fla. 2d DCA 2003).

Pc v. Dep't of Child. & Fam., 898 So. 2d 195 (Fla. 2d DCA 2005).

— 39.01(30)(i) — 15 cases

TR v. Dep't of Child. & Families, 864 So. 2d 1278 (Fla. 5th DCA 2004).

CJ v. Dep't of Child. & Families, 968 So. 2d 121 (Fla. 4th DCA 2007).

FR v. Dep't of Child. & Families, 826 So. 2d 449 (Fla. 5th DCA 2002).

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1240 (Fla. 2d DCA 2007).

— 39.01(30)(j) — 4 cases

In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 947 So. 2d 1240 (Fla. 2d DCA 2007).

G.R. v. Dep't of Child. & Fam. Servs., 937 So. 2d 1257 (Fla. 2d DCA 2006).

In Re Cr, 937 So. 2d 1257 (Fla. 2d DCA 2006).

In Re Lc, 947 So. 2d 1240 (Fla. 2d DCA 2007).

— 39.01(30)(k) — 1 case

B.J. v. Dep't of Child. & Families, 190 So. 3d 191 (Fla. 3d DCA 2016).

— 39.01(31) — 7 cases

CW v. Dep't of Child. & Families, 10 So. 3d 136 (Fla. 1st DCA 2009).

N.L.E. v. Dep't of Child. & Fam. Servs., 970 So. 2d 486 (Fla. 2d DCA 2007).

In Re Dg, 970 So. 2d 486 (Fla. 2d DCA 2007).

Dep't of Child. & Families v. KD, 45 So. 3d 46 (Fla. 5th DCA 2010).

RMP v. Jones, 392 So. 2d 301 (Fla. 1st DCA 1980).

— 39.01(31)(4) — 1 case

Garrett v. State, 978 So. 2d 214 (Fla. 5th DCA 2008).

— 39.01(31)(a) — 3 cases

CA v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007).

Moore v. Pattin, 983 So. 2d 663 (Fla. 4th DCA 2008).

Burke v. State, 48 So. 3d 943 (Fla. 2d DCA 2010).

— 39.01(31)(a)(l) — 1 case

Burke v. State, 48 So. 3d 943 (Fla. 2d DCA 2010).

— 39.01(31)(a)(l)(a) — 1 case

Burke v. State, 48 So. 3d 943 (Fla. 2d DCA 2010).

— 39.01(31)(g) — 1 case

MF v. Dep't of Child. & Families, 975 So. 2d 622 (Fla. 4th DCA 2008).

— 39.01(31)(g)(2) — 2 cases

CA v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007).

N.E.R. v. Dep't of Child. & Fam. Servs., 11 So. 3d 1013 (Fla. 2d DCA 2009).

— 39.01(31)(i) — 3 cases

CJ v. Dep't of Child. & Families, 968 So. 2d 121 (Fla. 4th DCA 2007).

J.C. v. Dep't of Child. & Fam. Servs., 6 So. 3d 643 (Fla. 2d DCA 2009).

In Re Gc, 6 So. 3d 643 (Fla. 2d DCA 2009).

— 39.01(31)(j) — 1 case

KS v. Dep't of Child. & Families, 979 So. 2d 1182 (Fla. 4th DCA 2008).

— 39.01(32) — 4 cases

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).

S.T. v. Dep't of Child. & Fam. Servs., 87 So. 3d 827 (Fla. 2d DCA 2012).

R.C. v. State, 461 So. 2d 215 (Fla. 1st DCA 1984).

In re Stand. Jury Instructions in Crim. Cases-Report 2011-02, 75 So. 3d 207 (Fla. 2011).

— 39.01(32)(a) — 3 cases

E.R., the mother v. Dep't of Child. & Families, 143 So. 3d 1131 (Fla. 4th DCA 2014).

E.H., the mother v. Dep't of Child. & Families, 147 So. 3d 616 (Fla. 4th DCA 2014).

W.R. v. Dep't of Child. & Families, 137 So. 3d 1078 (Fla. 4th DCA 2014).

— 39.01(32)(f) — 1 case

J.P. v. Dep't of Child. & Fam. Servs., 135 So. 3d 541 (Fla. 2d DCA 2014).

— 39.01(32)(g) — 3 cases

SS v. Dep't of Child. & Families, 81 So. 3d 618 (Fla. 1st DCA 2012).

S.T. v. Dep't of Child. & Fam. Servs., 87 So. 3d 827 (Fla. 2d DCA 2012).

J.M., The Mother v. Dep't of Child. & Families & Guardian Ad Litem Prog., 188 So. 3d 94 (Fla. 4th DCA 2016).

— 39.01(32)(g)(2) — 2 cases

R.M. v. Dep't of Child. & Fam. Servs., 40 So. 3d 917 (Fla. 2d DCA 2010).

In Re Jb, 40 So. 3d 917 (Fla. 2d DCA 2010).

— 39.01(32)(i) — 2 cases

S.D. v. Dep't of Child. & Fam. Servs., 42 So. 3d 938 (Fla. 2d DCA 2010).

In Re Jd, 42 So. 3d 938 (Fla. 2d DCA 2010).

— 39.01(33) — 9 cases

Drudge v. City of Kissimmee, 581 F. Supp. 2d 1176 (M.D. Fla. 2008).

G.R. v. Dep't of Child. & Fam. Servs., 937 So. 2d 1257 (Fla. 2d DCA 2006).

G.A. v. State, 391 So. 2d 720 (Fla. 5th DCA 1980).

In re W.L.B., 502 So. 2d 50 (Fla. 1st DCA 1987).

State v. J. M. Z., 408 So. 2d 1063 (Fla. 1st DCA 1982).

— 39.01(34) — 8 cases

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009).

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005).

— 39.01(34)(a) — 1 case

J. F. v. Dep't of Child. & Families & Statewide Guardian Ad Litem (Fla. 5th DCA 2024).

— 39.01(34)(g) — 2 cases

Dep't of Child. & Families & Guardian Ad Litem Vs R.V. a/k/a R.n., Mother of B.n., a Child (Fla. 5th DCA 2023).

O.M., The Father v. Dep't of Child. & Families (Fla. 4th DCA 2024).

— 39.01(35) — 5 cases

In re Stand. Jury Instructions in Crim. Cases—Report No. 2012-09, 122 So. 3d 263 (Fla. 2013).

In the Interest of T.J., 59 So. 3d 1187 (Fla. 3d DCA 2011).

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-02, 152 So. 3d 475 (Fla. 2014).

In Re Tj, 59 So. 3d 1187 (Fla. 3d DCA 2011).

In re Stand. Jury Instructions in Crim. Cases-Report 2011-02, 75 So. 3d 207 (Fla. 2011).

— 39.01(35)(a)(1)(b) — 1 case

Dept. of Child. & Families v. F.a.p., the Mother (Fla. 4th DCA 2020).

— 39.01(35)(g) — 1 case

E.h., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2021).

— 39.01(35)(i) — 2 cases

E.h., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2021).

J.w., Father of J.w., Z.r.w., & Z.w., Child. Vs Dep't of Child. & Families (Fla. 5th DCA 2022).

— 39.01(35)(t) — 1 case

E.h., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2021).

— 39.01(36) — 4 cases

MFG v. Dept. of Child. & Families, 723 So. 2d 290 (Fla. 3d DCA 1998).

Brown v. Feaver, 726 So. 2d 322 (Fla. 3d DCA 1999).

Dep't of Child. & Families v. MB, 717 So. 2d 607 (Fla. 4th DCA 1998).

P. A. C. v. State, 391 So. 2d 364 (Fla. 1st DCA 1980).

— 39.01(37) — 12 cases

In Interest of DJS, 563 So. 2d 655 (Fla. 1st DCA 1990).

Brown v. Dept. of Health & Rehab. Serv., 582 So. 2d 113 (Fla. 3d DCA 1991).

Williams v. DHRS, 648 So. 2d 841 (Fla. 5th DCA 1995).

Caso v. Dept. of Health & Rehab. Servs., 569 So. 2d 466 (Fla. 3d DCA 1990).

Dep't of HRS v. PH, 659 So. 2d 1375 (Fla. 1st DCA 1995).

— 39.01(37)(j) — 1 case

Dep't of Child. & Families & Guardian Ad Litem v. K.W., & D.G., Parents of A.W., A.G., & D.G., Child. (Fla. 5th DCA 2025).

— 39.01(38) — 1 case

McGillis v. Dep't of Child. & Fam. Servs., 719 So. 2d 967 (Fla. 3d DCA 1998).

— 39.01(39) — 4 cases

C.M. v. State, 676 So. 2d 498 (Fla. 1st DCA 1996).

McGillis v. Dep't of Child. & Fam. Servs., 719 So. 2d 967 (Fla. 3d DCA 1998).

K. M. G., Statewide v. Heart of Adoptions, Inc., Dep't of Child. & Families (Fla. 2d DCA 2024).

CM v. State, 676 So. 2d 498 (Fla. 1st DCA 1996).

— 39.01(4) — 5 cases

Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979).

GLS v. Dept. of Child. & Families, 724 So. 2d 1181 (Fla. 1998).

Griffith v. State, 654 So. 2d 936 (Fla. 4th DCA 1995).

Hubbard v. State, 411 So. 2d 1312 (Fla. 1st DCA 1982).

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002).

— 39.01(40) — 1 case

Jimenez v. Dep't of Health & Rehabilatative Servs., 619 So. 2d 405 (Fla. 3d DCA 1993).

— 39.01(41) — 4 cases

Baker v. State, 980 So. 2d 616 (Fla. 4th DCA 2008).

Morcroft v. Dep't of Child. & Families, 929 So. 2d 51 (Fla. 5th DCA 2006).

M.C. v. Dep't of Child. & Families, 206 So. 3d 798 (Fla. 3d DCA 2016).

Burke v. State, 48 So. 3d 943 (Fla. 2d DCA 2010).

— 39.01(42) — 6 cases

Burrows v. State, 62 So. 3d 1258 (Fla. 3d DCA 2011).

C.J. v. Dep't of Child. & Fam. Servs., 9 So. 3d 750 (Fla. 2d DCA 2009).

N.L.E. v. Dep't of Child. & Fam. Servs., 970 So. 2d 486 (Fla. 2d DCA 2007).

In Re Dg, 970 So. 2d 486 (Fla. 2d DCA 2007).

In re Stand. Jury Instructions in Crim. Cases-Report 2011-02, 75 So. 3d 207 (Fla. 2011).

— 39.01(43) — 25 cases

DuFresne v. State, 826 So. 2d 272 (Fla. 2002). “See § 39.01(2), Fla. Stat. (2001). [6] Relatedly, "harm," as defined in section 39.”

CJ v. Dep't of Child. & Families, 968 So. 2d 121 (Fla. 4th DCA 2007).

Zerbe v. State, 944 So. 2d 1189 (Fla. 4th DCA 2006).

King v. State, 903 So. 2d 954 (Fla. 2d DCA 2005).

SS v. Dep't of Child. & Families, 81 So. 3d 618 (Fla. 1st DCA 2012).

— 39.01(44) — 25 cases

DuFresne v. State, 826 So. 2d 272 (Fla. 2002). “See § 39.01(2), Fla. Stat. (2001). [6] Relatedly, "harm," as defined in section 39.”

SS v. Dep't of Child. & Families, 81 So. 3d 618 (Fla. 1st DCA 2012).

E.R., the mother v. Dep't of Child. & Families, 143 So. 3d 1131 (Fla. 4th DCA 2014).

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). “As to abandonment, section 39.01 of the Florida Statutes states: petition filed in the circuit court.”

— 39.01(45) — 30 cases

J.C. v. Florida Dep't of Child. & Fam. Servs., 937 So. 2d 184 (Fla. 3d DCA 2006).

Jbm v. Dep't of Child. & Fam., 870 So. 2d 946 (Fla. 1st DCA 2004).

In the Interest of T.B. v. Dep't of Child. & Fam. Servs., 939 So. 2d 1192 (Fla. 2d DCA 2006).

CA v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007).

— 39.01(46) — 10 cases

In Interest of Dd, 564 So. 2d 1224 (Fla. 4th DCA 1990).

In Re Petition of Florida Bar, 589 So. 2d 818 (Fla. 1991).

E.M.A. v. Dep't of Child. & Families, 795 So. 2d 183 (Fla. 1st DCA 2001).

GV v. Dep't of Child. & Families, 795 So. 2d 1043 (Fla. 3d DCA 2001).

Drudge v. City of Kissimmee, 581 F. Supp. 2d 1176 (M.D. Fla. 2008).

— 39.01(46)(a) — 1 case

DF, JR. v. State, 650 So. 2d 1097 (Fla. 2d DCA 1995).

— 39.01(47) — 12 cases

& SC16-400 Elizabeth White v. Mederi Caretenders Visiting Servs. of Se. Florida, LLC., & Americare Home Therapy, Inc., etc. v. Carla Hiles, 226 So. 3d 774 (Fla. 2017).

State v. Nowlin, 50 So. 3d 79 (Fla. 1st DCA 2010).

State v. Christie, 939 So. 2d 1078 (Fla. 3d DCA 2005).

— 39.01(48) — 3 cases

Just. Admin. Com'n v. Peterson, 989 So. 2d 663 (Fla. 2d DCA 2008).

Ponton v. Tabares, 711 So. 2d 125 (Fla. 3d DCA 1998).

SL v. Dep't of Child. & Families, 852 So. 2d 372 (Fla. 5th DCA 2003).

— 39.01(49) — 21 cases

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007).

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013).

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006).

Russell v. Pasik, 178 So. 3d 55 (Fla. 2d DCA 2015).

E.M.A. v. Dep't of Child. & Families, 795 So. 2d 183 (Fla. 1st DCA 2001).

— 39.01(50) — 20 cases

CA v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007).

NS v. Dep't of Child. & Families, 857 So. 2d 1000 (Fla. 5th DCA 2003).

J.R-P. v. Dep't of Child. & Families, 228 So. 3d 628 (Fla. 2d DCA 2017).

J.d., the Mother v. Dept. of Child. & Families, 263 So. 3d 60 (Fla. 4th DCA 2019).

D.C. v. J.M., 133 So. 3d 1080 (Fla. 3d DCA 2014).

— 39.01(51) — 17 cases

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007).

State v. F.T.H., 579 So. 2d 911 (Fla. 5th DCA 1991).

In Re Anthony R., 763 A.2d 136 (Md. 2000).

J.R-P. v. Dep't of Child. & Families, 228 So. 3d 628 (Fla. 2d DCA 2017).

W.K. , M.K. & Guardian Ad Litem v. Dept. of Child. & Families, 230 So. 3d 905 (Fla. 4th DCA 2017).

— 39.01(52) — 3 cases

J.C. v. Florida Dep't of Child. & Fam. Servs., 937 So. 2d 184 (Fla. 3d DCA 2006).

M.C. v. Dep't of Child. & Fam. Servs., 940 So. 2d 571 (Fla. 2d DCA 2006).

In Re St, 940 So. 2d 571 (Fla. 2d DCA 2006).

— 39.01(54) — 1 case

J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009).

— 39.01(55) — 1 case

State, Dep't of Child. & Families v. Interest of B.D., 102 So. 3d 707 (Fla. 1st DCA 2012).

— 39.01(56) — 3 cases

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006).

Guardian Ad Litem, K.F. & J.f., Adoptive Parents of Ra.w. Vs Dep't of Child. & Families, R.w., Jr., & T.w., biological/former Parents, R.w., Sr., & C.w., Maternal grandparents/adoptive Parents of R.w., III (Fla. 1st DCA 2023).

In re Stand. Jury Instructions in Crim. Cases-Report 2011-02, 75 So. 3d 207 (Fla. 2011).

— 39.01(57) — 5 cases

Dep't of Child. & Families Vs S.t., Paternal Aunt, & P.k., Paternal Grandfather (Fla. 5th DCA 2022).

Dept of Child. & Families, State of Florida & the Guardian Ad Litem Off. v. J. B., Maternal Great-aunt of K. M. (Fla. 2d DCA 2024).

T.r.-b. v. Dep't of Child. & Families (Fla. 3d DCA 2022).

K.N. & D.N. v. Dep't of Child. & Families (Fla. 4th DCA 2023).

Guardian Ad Litem Statewide v. S. S. & B. S., Prospective Adoptive Parents, & Dept of Child. & Families (Fla. 2d DCA 2024).

— 39.01(58) — 8 cases

Dept of Child. & Families, State of Florida & the Guardian Ad Litem Off. v. J. B., Maternal Great-aunt of K. M. (Fla. 2d DCA 2024).

M.K. & JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Dep't of Child. & Families (Fla. 4th DCA 2023).

Guardian Ad Litem Statewide v. S. S. & B. S., Prospective Adoptive Parents, & Dept of Child. & Families (Fla. 2d DCA 2024).

T.r.-b. v. Dep't of Child. & Families (Fla. 3d DCA 2022).

K.N. & D.N. v. Dep't of Child. & Families (Fla. 4th DCA 2023).

— 39.01(59) — 8 cases

Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015).

A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

State v. E.D.P., 724 So. 2d 1144 (Fla. 1998).

State v. EDP, 724 So. 2d 1144 (Fla. 1998).

J.E. v. State, 676 So. 2d 39 (Fla. 3d DCA 1996).

— 39.01(59)(a) — 2 cases

State v. E.D.P., 724 So. 2d 1144 (Fla. 1998).

State v. EDP, 724 So. 2d 1144 (Fla. 1998).

— 39.01(59)(b) — 4 cases

State v. E.D.P., 724 So. 2d 1144 (Fla. 1998).

State v. EDP, 724 So. 2d 1144 (Fla. 1998).

D.M.L. v. State, 694 So. 2d 782 (Fla. 1st DCA 1997).

J.C.C. v. State, 694 So. 2d 784 (Fla. 1st DCA 1997).

— 39.01(59)(c) — 4 cases

A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

Q.L.J. v. State, 714 So. 2d 628 (Fla. 1st DCA 1998).

As v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

QLJ v. State, 714 So. 2d 628 (Fla. 1st DCA 1998).

— 39.01(59)(d) — 4 cases

J.L.O. v. State, 721 So. 2d 440 (Fla. 5th DCA 1998).

Q.L.J. v. State, 714 So. 2d 628 (Fla. 1st DCA 1998).

JLO v. State, 721 So. 2d 440 (Fla. 5th DCA 1998).

QLJ v. State, 714 So. 2d 628 (Fla. 1st DCA 1998).

— 39.01(59)(e) — 2 cases

A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

As v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

— 39.01(6) — 7 cases

State v. Robinson, 336 So. 2d 437 (Fla. 2d DCA 1976).

Johnson v. State, 314 So. 2d 573 (Fla. 1975).

Willie Carl Singleton, a Minor by Neva Singleton, His Mother & Next Friend v. Bd. of Commissioners of State Institutions, 356 F.2d 771 (5th Cir. 1966).

Bryant v. State, 971 So. 2d 818 (Fla. 3d DCA 2007).

Moss v. Weaver, 383 F. Supp. 130 (S.D. Fla. 1974).

— 39.01(60) — 6 cases

B.D. & T.D. v. C.D. (Fla. 4th DCA 2025).

D.P. v. Dep't of Child. & Families, 786 So. 2d 600 (Fla. 5th DCA 2001).

— 39.01(61) — 22 cases

E.A.R. v. State, 4 So. 3d 614 (Fla. 2009). “The definitions provided in section 39.01, Florida Statutes (Supp.1990), and section 985.”

Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998).

B.H. v. State, 645 So. 2d 987 (Fla. 1994).

J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996).

In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992).

— 39.01(61)(b) — 3 cases

J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996).

JM v. State, 677 So. 2d 890 (Fla. 3d DCA 1996).

State v. A.S., 622 So. 2d 1127 (Fla. 1st DCA 1993).

— 39.01(61)(c) — 4 cases

A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

As v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

J.Y. v. State, 635 So. 2d 34 (Fla. 5th DCA 1993).

State v. A.S., 622 So. 2d 1127 (Fla. 1st DCA 1993).

— 39.01(63) — 1 case

PM v. Dept. of Child. & Families, 865 So. 2d 8 (Fla. 5th DCA 2003).

— 39.01(63)(d) — 3 cases

Kitts v. State, 766 So. 2d 1067 (Fla. 5th DCA 2000).

Ts v. Florida Dept. of Child. & Fam., 935 So. 2d 626 (Fla. 1st DCA 2006).

Louis v. State, 764 So. 2d 930 (Fla. 4th DCA 2000).

— 39.01(64) — 2 cases

Henry & Rilla White Found. v. Migdal, 720 So. 2d 568 (Fla. 4th DCA 1998).

Bb v. Dept. of Child. & Fam., 731 So. 2d 30 (Fla. 4th DCA 1999).

— 39.01(65) — 1 case

— 39.01(67) — 2 cases

ID v. Dep't of Child. & Families, 13 So. 3d 1117 (Fla. 3d DCA 2009).

A.J. v. Dep't of Child. & Families, 126 So. 3d 1212 (Fla. 4th DCA 2012).

— 39.01(68) — 12 cases

BL v. Dep't of Child. & Families, 950 So. 2d 1264 (Fla. 5th DCA 2007).

Dept. of Child. & Fam. Servs. v. Ad, 904 So. 2d 480 (Fla. 1st DCA 2005).

SD v. Dep't of Child. & Fam., 805 So. 2d 10 (Fla. 3d DCA 2001).

JJ v. Dep't of Child. & Families, 886 So. 2d 1046 (Fla. 4th DCA 2004).

DS v. Dep't of Child. & Families, 900 So. 2d 628 (Fla. 5th DCA 2005).

— 39.01(69) — 1 case

MW v. Davis, 756 So. 2d 90 (Fla. 2000).

— 39.01(7) — 6 cases

State v. Cain, 381 So. 2d 1361 (Fla. 1980).

Southland Corp. v. Bartsch, 522 So. 2d 1053 (Fla. 5th DCA 1988).

Griffith v. State, 654 So. 2d 936 (Fla. 4th DCA 1995).

Brown v. State, 427 So. 2d 304 (Fla. 3d DCA 1983).

Anderson v. Dep't of Health & Rehabilitative Servs., 485 So. 2d 849 (Fla. 1st DCA 1986).

— 39.01(70) — 9 cases

MW v. Davis, 756 So. 2d 90 (Fla. 2000).

B.G. v. Dep't of Child. & Families, 189 So. 3d 305 (Fla. 4th DCA 2016).

Dep't of Child. & Fam. Servs. v. G.M., 816 So. 2d 830 (Fla. 5th DCA 2002).

State v. S.C.W., 718 So. 2d 320 (Fla. 2d DCA 1998).

Dcf v. Gm, 816 So. 2d 830 (Fla. 5th DCA 2002).

— 39.01(71) — 11 cases

NS v. Dep't of Child. & Families, 36 So. 3d 776 (Fla. 3d DCA 2010).

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007).

Florida Dept. of Child. & Families, et.al. v. A.R. & R.L., Parents, 253 So. 3d 1158 (Fla. 3d DCA 2018). “The parents purportedly “subjected the [c]hild to sexual battery or sexual abuse as defined in Section 39.01, or chronic abuse.” § 39.806(1)(g), Fla.”

J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009).

L.A.G. v. Dep't of Child. & Fam. Servs., 963 So. 2d 725 (Fla. 3d DCA 2007).

— 39.01(71)(d) — 1 case

— 39.01(73) — 6 cases

D.G. v. Dep't of Child. & Families, 77 So. 3d 201 (Fla. 4th DCA 2011).

A. H. v. Florida Dep't of Child. & Fam. Servs., 85 So. 3d 1213 (Fla. 1st DCA 2012).

In the Interest of N.F. v. Dep't of Child. & Fam. Servs., 82 So. 3d 1188 (Fla. 2d DCA 2012).

T.L. v. Dep't of Child. & Families, 98 So. 3d 785 (Fla. 4th DCA 2012).

J.Z. v. Dep't of Child. & Fam. Servs., 106 So. 3d 976 (Fla. 2d DCA 2013).

— 39.01(73)(b) — 1 case

E.N. v. Dep't of Child. & Families, 224 So. 3d 900 (Fla. 2d DCA 2017).

— 39.01(74) — 2 cases

P.W.G. v. State, 682 So. 2d 1203 (Fla. 1st DCA 1996).

PWG v. State, 682 So. 2d 1203 (Fla. 1st DCA 1996).

— 39.01(75) — 1 case

Dept. of Child. & Fam. v. Aa St. M., 706 So. 2d 367 (Fla. 5th DCA 1998).

— 39.01(77) — 3 cases

Q.l., the Mother v. Dept. of Child. & Families (Fla. 4th DCA 2019).

M.k., the Father v. Dep't of Child. & Families (Fla. 4th DCA 2021).

E.N. v. Dep't of Child. & Families, 224 So. 3d 900 (Fla. 2d DCA 2017).

— 39.01(77)(d) — 1 case

Dept. of Child. & Families v. S. M. & R. F. (Fla. 2d DCA 2019).

— 39.01(77)(g) — 1 case

Juan Cresencio Matos v. State of Florida (Fla. 4th DCA 2023).

— 39.01(78) — 2 cases

C.b., the Mother v. Dept. of Child. & Families, 257 So. 3d 1078 (Fla. 4th DCA 2018).

C.R. v. Dept. of Child. & Families, 253 So. 3d 97 (Fla. 3d DCA 2018).

— 39.01(8) — 21 cases

Dep't of Health & Rehabilitative Servs. ex rel. M.H. v. State, 447 So. 2d 359 (Fla. 1st DCA 1984).

J. M. J. v. State, 389 So. 2d 1208 (Fla. 1st DCA 1980).

Dykes v. Hosemann, 776 F.2d 942 (11th Cir. 1985).

Clements v. Banks, 159 So. 2d 892 (Fla. 3d DCA 1964).

A.O. v. State, 433 So. 2d 22 (Fla. 3d DCA 1983).

— 39.01(8)(a) — 1 case

— 39.01(8)(i) — 1 case

B.L. v. Dep't of Child. & Families, 830 So. 2d 904 (Fla. 5th DCA 2002).

— 39.01(80) — 1 case

E.N. v. Dep't of Child. & Families, 224 So. 3d 900 (Fla. 2d DCA 2017).

— 39.01(84) — 7 cases

Q.l., the Mother v. Dept. of Child. & Families (Fla. 4th DCA 2019).

L.c.a., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2021).

M.k., the Father v. Dep't of Child. & Families (Fla. 4th DCA 2021).

C.p., the Father v. Dep't of Child. & Families (Fla. 4th DCA 2021).

G.c., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2022).

— 39.01(9) — 40 cases

J. M. J. v. State, 389 So. 2d 1208 (Fla. 1st DCA 1980).

Div. of Fam. Servs. v. State, 319 So. 2d 72 (Fla. 1st DCA 1975).

Peltier v. State, 808 P.2d 373 (Idaho 1991).

A.O. v. State, 456 So. 2d 1173 (Fla. 1984).

— 39.01(9)(a) — 7 cases

In Interest of Cw, 490 So. 2d 175 (Fla. 5th DCA 1986).

In the Interest of T.S. v. State, Dep't of Health & Rehabilitative Servs., 464 So. 2d 677 (Fla. 5th DCA 1985).

Wright v. State, 409 So. 2d 1183 (Fla. 4th DCA 1982).

In the Interest of J.H., 535 So. 2d 669 (Fla. 2d DCA 1988).

In the Interest of J.V. v. State, 516 So. 2d 1133 (Fla. 1st DCA 1987).

— 39.01(9)(b) — 1 case

In Interest of IBJ, 497 So. 2d 1265 (Fla. 5th DCA 1986).

— 39.01(9)(d) — 3 cases

State v. M. M., 407 So. 2d 987 (Fla. 4th DCA 1981).

F.B. v. State, 474 So. 2d 1221 (Fla. 5th DCA 1985).

State v. MM, 407 So. 2d 987 (Fla. 4th DCA 1981).

— 39.01(H) — 1 case

In the Interest of D. T. H. v. State, 348 So. 2d 1155 (Fla. 1977).

— 39.01(f9) — 1 case

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-04, 190 So. 3d 614 (Fla. 2016).

— 39.01(l) — 1 case

In the Interest of D.W.K., 492 So. 2d 1360 (Fla. 1st DCA 1986).

— 39.01(ll)(a) — 1 case

R.F. v. Florida Dep't of Child. & Families, 770 So. 2d 1189 (Fla. 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.