Florida Statute 39.013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.013

39.013 Procedures and jurisdiction; right to counsel; guardian ad litem.—

(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in this chapter shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. Parents who are unable to afford counsel must be appointed counsel.

(2) The circuit court has exclusive original jurisdiction of all proceedings under this chapter, of a child voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the department, and of the adoption of children whose parental rights have been terminated under this chapter. Jurisdiction attaches when the initial shelter petition, dependency petition, or termination of parental rights petition, or a petition for an injunction to prevent child abuse issued pursuant to s. 39.504, is filed or when a child is taken into the custody of the department. The circuit court may assume jurisdiction over any such proceeding regardless of whether the child was in the physical custody of both parents, was in the sole legal or physical custody of only one parent, caregiver, or some other person, or was not in the physical or legal custody of any person when the event or condition occurred that brought the child to the attention of the court. When the court obtains jurisdiction of any child who has been found to be dependent, the court shall retain jurisdiction, unless relinquished by its order, until the child reaches 21 years of age, or 22 years of age if the child has a disability, with the following exceptions:

(a) If a young adult chooses to leave foster care upon reaching 18 years of age.

(b) If a young adult does not meet the eligibility requirements to remain in foster care under s. 39.6251 or chooses to leave care under that section.

(c) If a young adult petitions the court at any time before his or her 19th birthday requesting the court’s continued jurisdiction, the juvenile court may retain jurisdiction under this chapter for a period not to exceed 1 year following the young adult’s 18th birthday for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided.

(d) If a petition for special immigrant juvenile status and an application for adjustment of status have been filed on behalf of a foster child and the petition and application have not been granted by the time the child reaches 18 years of age, the court may retain jurisdiction over the dependency case solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. Review hearings for the child shall be set solely for the purpose of determining the status of the petition and application. The court’s jurisdiction terminates upon the final decision of the federal authorities. Retention of jurisdiction in this instance does not affect the services available to a young adult under s. 409.1451. The court may not retain jurisdiction of the case after the immigrant child’s 22nd birthday.

(3) When a child is under the jurisdiction of the circuit court pursuant to this chapter, the circuit court assigned to handle dependency matters may exercise the general and equitable jurisdiction over guardianship proceedings under chapter 744 and proceedings for temporary custody of minor children by extended family under chapter 751.

(4) Orders entered pursuant to this chapter which affect the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for a minor child shall take precedence over other orders entered in civil actions or proceedings. However, if the court has terminated jurisdiction, the order may be subsequently modified by a court of competent jurisdiction in any other civil action or proceeding affecting placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same minor child.

(5) The court shall expedite the resolution of the placement issue in cases involving a child who has been removed from the parent and placed in an out-of-home placement.

(6) The court shall expedite the judicial handling of all cases when the child has been removed from the parent and placed in an out-of-home placement.

(7) Children removed from their homes shall be provided equal treatment with respect to goals, objectives, services, and case plans, without regard to the location of their placement.

(8) For any child who remains in the custody of the department, the court shall, within the month which constitutes the beginning of the 6-month period before the child’s 18th birthday, hold a hearing to review the progress of the child while in the custody of the department.

(9)(a) At each stage of the proceedings under this chapter, the court shall advise the parents of the right to counsel. The court shall appoint counsel for indigent parents. The court shall ascertain whether the right to counsel is understood. When right to counsel is waived, the court shall determine whether the waiver is knowing and intelligent. The court shall enter its findings in writing with respect to the appointment or waiver of counsel for indigent parents or the waiver of counsel by nonindigent parents.

(b) Once counsel has entered an appearance or been appointed by the court to represent the parent of the child, the attorney shall continue to represent the parent throughout the proceedings. If the attorney-client relationship is discontinued, the court shall advise the parent of the right to have new counsel retained or appointed for the remainder of the proceedings.

(c)1. A waiver of counsel may not be accepted if it appears that the parent is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.

2. A waiver of counsel made in court must be of record.

3. If a waiver of counsel is accepted at any hearing or proceeding, the offer of assistance of counsel must be renewed by the court at each subsequent stage of the proceedings at which the parent appears without counsel.

(d) This subsection does not apply to any parent who has voluntarily executed a written surrender of the child and consents to the entry of a court order terminating parental rights.

(10) Court-appointed counsel representing indigent parents at shelter hearings shall be paid from state funds appropriated by general law.

(11) The court shall appoint a guardian ad litem at the earliest possible time to represent a child throughout the proceedings, including any appeals. The guardian ad litem may represent the child in proceedings outside of the dependency case to secure the services and benefits that provide for the care, safety, and protection of the child.

(12) The department shall be represented by counsel in each dependency proceeding. Through its attorneys, the department shall make recommendations to the court on issues before the court and may support its recommendations through testimony and other evidence by its own employees, employees of its contractors, employees of its contractor’s subcontractors, or from any other relevant source.

(13) Except as otherwise provided in this chapter, an individual’s appearance or attendance at dependency proceedings may be through his or her physical appearance or attendance or, by agreement of the parties or at the discretion of the court, through audio or audio-video communication technology, unless the court determines that appearance through audio or audio-video communication technology is inconsistent with the United States Constitution, the State Constitution, a statute, a rule of court, or a court order.

History.—s. 20, ch. 78-414; s. 5, ch. 84-311; s. 4, ch. 87-289; s. 4, ch. 90-306; s. 2, ch. 92-158; s. 3, ch. 94-164; s. 5, ch. 95-228; s. 8, ch. 98-280; s. 24, ch. 98-403; s. 7, ch. 99-193; s. 16, ch. 2000-139; s. 1, ch. 2002-216; s. 1, ch. 2005-179; s. 3, ch. 2005-239; s. 3, ch. 2006-86; s. 5, ch. 2006-194; s. 2, ch. 2012-178; s. 2, ch. 2013-178; s. 4, ch. 2014-224; s. 3, ch. 2017-151; s. 2, ch. 2023-77; s. 1, ch. 2023-302; s. 6, ch. 2024-70.

Note.—Former s. 39.40.

F.S. 39.013 on Google Scholar

F.S. 39.013 on Casetext

Amendments to 39.013

Arrestable Offenses / Crimes under Fla. Stat. 39.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.013.

Annotations, Discussions, Cases:

Cases Citing Statute 39.013

Total Results: 20

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-09-12

Snippet: chapter 2024-70, Laws of Florida, amended section 39.013(11), Florida Statutes (2023), to now require a

DEPT OF CHILDREN AND FAMILIES, STATE OF FLORIDA AND THE GUARDIAN AD LITEM OFFICE v. J. B., MATERNAL GREAT-AUNT OF K. M.

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: Procedure." S.T., 353 So. 3d at 1247; see also § 39.013; Fla. R. Juv. P. 8.000. The statute and rule "limit[]

In Re: Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation

Court: Supreme Court of Florida | Date Filed: 2023-12-07

Snippet: 1 The amendments reflect changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506, 39.521, and

K.R., THE FATHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-07-26

Snippet: 338 So. 3d 6, 9 (Fla. 3d DCA 2022). Section 39.013, Florida Statutes (2022), governs a parent’s right

K.N. and D.N. v. DEPARTMENT OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-02-08

Snippet: governed by the Florida Rules of Juvenile Procedure. § 39.013(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.000. This

K.D. v. IN RE: IN THE INTEREST OF P.P., R.P., and L.P.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: section 61.517(1), Florida Statutes, and section 39.013(2), Florida Statutes. Id. at 546–47. In accord

Jonathan Huey Lawrence v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2020-10-29

Snippet: W.2d 338, 347-48 (S.D. 2014); Tenn. Code Ann. § 39-13-206(c)(1)(D) (West 2020); State v. Jones, 568 S

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 258 So. 3d 1254

Snippet: of birth)..... request the court, under section 39.013(2), Florida Statutes to ..... extend jurisdiction

J. S. H. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 268 So. 3d 186

Snippet: -4- 39.013(4), Florida Statutes (2017), orders of the dependency

B.S., Grandmother of P.S.A. and W.H.A., etc. v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 246 So. 3d 479

Snippet: governed by the Rules of Juvenile Procedure. See § 39.013(1), Fla. Stat. (“All procedures, including petitions

In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 322

Snippet: section 3, Laws of Florida, which amended section 39.013(2), Florida .Statutes (2016), to extend the court’s

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 322

Snippet: 10, 12-13, 17, 21, 46, Laws of Fla. (amending §§ 39.013(2), 39.402(8)(c), 39.507(7)(b), 39.521(1)(a), 39

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

Court: Supreme Court of Florida | Date Filed: 2017-03-23

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

Snippet: right to appointed counsel is governed by sections 39,013(9)a. and 27.511, Florida Statutes. RULE 8.525 ADJUDICATORY

Department of Children & Families v. J.D.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-05

Citation: 198 So. 3d 960, 2016 Fla. App. LEXIS 13808, 2016 WL 4180212

Snippet: 39.504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s

DCF v. J.D.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-01

Snippet: 504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s

D v. the Father v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Citation: 186 So. 3d 1101, 2016 Fla. App. LEXIS 3111

Snippet: 1060, 1068 (Fla.2000). Pursuant to section 39.013, Florida Statutes (2015): (9)(a) At

In the Interest Of: B.R.C.M.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

Citation: 182 So. 3d 749, 2015 Fla. App. LEXIS 19470

Snippet: or the child’s twenty second (22nd) birthday. § 39.013(2)(d), Fla. Stat.(2013). So there can be no doubt

J.B., Etc. v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2015-07-09

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: those associated with their counsel. §§ 39.001(1X0; 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla

Department of Children And Families and A.H., a child v. T.S., the Mother and R.H., the Father

Court: District Court of Appeal of Florida | Date Filed: 2015-01-21

Citation: 154 So. 3d 1223, 2015 Fla. App. LEXIS 696

Snippet: [twenty-one] years of age,” subject to a few exceptions. § 39.013(2), Fla. Stat. (2014). Had the trial court eventually

E.M.J. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2013-08-20

Citation: 124 So. 3d 246, 2013 Fla. App. LEXIS 12965, 2013 WL 4436215

Snippet: the trial court had jurisdiction under section 39.013(2), Florida Statutes (2012), to hear the Department’s