39.0132 Oaths, records, and confidential information.—
(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.
(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a dependent child until 7 years after the last entry was made, or until the child is 18 years of age, whichever date is first reached, and may then destroy them, except that records of cases where orders were entered permanently depriving a parent of the custody of a juvenile shall be preserved permanently. The court shall make official records, consisting of all petitions and orders filed in a case arising pursuant to this chapter and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein.
(3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter may not be open to inspection by the public. All records may be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to s. 63.162, a child, the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, the department and its designees, and the attorney ad litem, if one is appointed, always have the right to inspect and copy any official record pertaining to the child. The Justice Administrative Commission may inspect court dockets required by this chapter as necessary to audit compensation of court-appointed attorneys. If the docket is insufficient for purposes of the audit, the commission may petition the court for additional documentation as necessary and appropriate. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court may deem proper, and may punish by contempt proceedings any violation of those conditions.
(4)(a)1. All information obtained pursuant to this part in the discharge of official duty by any judge, employee of the court, authorized agent of the department, correctional probation officer, or law enforcement agent is confidential and exempt from s. 119.07(1) and may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, correctional probation officers, law enforcement agents, the guardian ad litem, criminal conflict and civil regional counsels, and others entitled under this chapter to receive that information, except upon order of the court.
2.a. The following information held by a guardian ad litem is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
(I) Medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
(II) Any other information maintained by a guardian ad litem which is identified as confidential information under this chapter.
b. Such confidential and exempt information may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, correctional probation officers, law enforcement agents, guardians ad litem, and others entitled under this chapter to receive that information, except upon order of the court.
(b) The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is an alleged juvenile sex offender, as defined in 1s. 39.01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless of adjudication. Any employee of a district school board who knowingly and willfully discloses such information to an unauthorized person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) All orders of the court entered pursuant to this chapter shall be in writing and signed by the judge, except that the clerk or deputy clerk may sign a summons or notice to appear.
(6) No court record of proceedings under this chapter shall be admissible in evidence in any other civil or criminal proceeding, except that:
(a) Records of proceedings under this chapter forming a part of the record on appeal shall be used in the appellate court in the manner hereinafter provided.
(b) Records necessary therefor shall be admissible in evidence in any case in which a person is being tried upon a charge of having committed perjury.
(c) Records of proceedings under this chapter may be used to prove disqualification pursuant to s. 435.06 and for proof regarding such disqualification in a chapter 120 proceeding.
(d) A final order entered pursuant to an adjudicatory hearing is admissible in evidence in any subsequent civil proceeding relating to placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same child or a sibling of that child.
(e) Evidence admitted in any proceeding under this chapter may be admissible in evidence when offered by any party in a subsequent civil proceeding relating to placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same child or a sibling of that child if:
1. Notice is given to the opposing party or opposing party’s counsel of the intent to offer the evidence and a copy of such evidence is delivered to the opposing party or the opposing party’s counsel; and
2. The evidence is otherwise admissible in the subsequent civil proceeding.
(7) Final orders, records, and evidence in any proceeding under this chapter which are subsequently admitted in evidence pursuant to subsection (6) remain subject to subsections (3) and (4).
1Note.—Prior to amendment by s. 3, ch. 2014-224, s. 39.01(7) defined “alleged juvenile sexual offender” and “juvenile sexual abuse.” Section 3, ch. 2014-224, removed the definition of “alleged juvenile sexual offender.” Section 39.01(7) was redesignated as s. 39.01(38) by s. 3, ch. 2021-51, and further redesignated as s. 39.01(41) by s. 5, ch. 2024-70, and still defines “juvenile sexual abuse.”
Cited 6 times | Published | Supreme Court of Florida | 2007 WL 1012924
...2.420. These rules identify a narrow category of court records where public access is automatically restricted by operation of state or federal law or court rule, see Fla. R. Jud. Admin. 2.420(c)(7)-(8), such as in child dependency cases. See, e.g., § 39.0132(3)-(4), Fla....
...f the Florida Constitution under any of the following statutes or as they may be amended or renumbered: (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla....
...below from Rule 2.420(d)(1)(B), by specifying the location within the document on the space provided: _____ Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla....
...tural parents, or to siblings that are in other *1082 placements and are not in the care of the foster parents. The order in this case did not exclude any such records, thus jeopardizing the constitutional (Art. I, § 23, Fla. Const.) and statutory (§ 39.0132(3), Fla....
...below from Rule 2.420(d)(1)(B), by specifying the location within the document on the space provided: _____ Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla....
...came under the supervision of the Department of Children and Family Services in a dependency proceeding. The City filed a motion in the dependency proceeding seeking to inspect the court records concerning J.B. By statute, dependency court records are not public. Section 39.0132(3), Florida Statutes (2011), provides in pertinent part as follows: The clerk shall keep all court records required by this chapter separate from other records of the circuit court....
...After a hearing, the dependency court denied the motion. The court reasoned that the City “failed to put forth any compelling reason for the release of the confidential records sought which would outweigh the privacy interests of [the child].” 1 Case law addressing confidential records under section 39.0132(3) is scant, and no authority directly answers the questions posed in this case....
...of mandamus directing the dependency court to grant him access to the child’s court records. The R.L.F. court observed that a step-parent is not among those to whom the statute gives an absolute entitlement to the records. 63 So.3d at 904 (citing section 39.0132(3), which lists those who “shall always have the right to inspect and copy” the otherwise confidential records)....
...” (quoting in part Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990)) (internal quotation marks omitted)). In this ease, the dependency court abused its discretion by failing to apply the test established in section 39.0132(3)....
...As for R.L.F.'s request for access to confidential information, R.L.F. alleges *904 that he attempted to obtain access to investigative reports from DCF, but the trial court ruled that he lacked standing to obtain the reports because he is not a parent. Section 39.0132 of the Florida Statutes governs access to court records: 39.0132 Oaths, records, and confidential information. * * * (3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court....
...s. 63.162, a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. . . . § 39.0132(3), Fla....
...However, it
held that the mother’s attorney was her attorney “in the context of
the adoption case, not the dependency case,” and “[i]t would not be
appropriate to grant [counsel] access to the dependency file
because [counsel] did not act as [the mother’s] attorney in the
dependency case.”
Section 39.0132(3), Florida Statutes, is the operative statute,
but nothing in the statute limits which attorney of the parent has
access to the dependency file. Moreover, it is conceivable that once
the mother was given access to the dependency file, she would
simply turn the information over to her present counsel. Appellee
defends the court’s decision on the basis of the language in section
39.0132(3) subjecting the right to access the records to “the
provisions of section 63.162 ....
...tradition of the juvenile justice system and furthers the sound and practical
purposes of that system.")
The confidentiality of the records at issue in such cases must be
maintained at all times unless exempt from disclosure as set forth by law.3
3
For example, section 39.0132(3) and (4), Florida Statutes (2021) provide:
(3) The clerk shall keep all court records required by this chapter
separate from other records of the circuit court....
...departs from the essential requirements of the law—the first task
is to determine whether irreparable harm has been shown to
trigger our jurisdiction. See DecisionHR USA, Inc. v. Mills, 341
So. 3d 448, 452 (Fla. 2d DCA 2022).
3
Section 39.0132(3), Florida Statutes (2021), governs the
inspection of court records in dependency cases....
...to the
provisions of s. 63.162, a child and the
parents of the child and their attorneys . .
. shall always have the right to inspect and
copy any official record pertaining to the
child.
§ 39.0132(3), Fla....
...1983)).
Critically, certiorari is not to be used to redress mere legal error;
rather, it applies to correct a miscarriage of justice when no other
4
remedy is available. Allstate Ins. v. Kaklamanos, 843 So. 2d 885,
889 (Fla. 2003).
Pertinent here, section 39.0132(3), Florida Statutes, makes
clear that dependency court records are accessible only by court
order and only to parents of the child and their attorneys 2 or to
persons deemed by the court to have a “proper interest” in the
records....
...III. We find no error in this ruling. The
paternal grandparents legally adopted R.W. III. Under section
39.01(56), Florida Statutes (2021), if a child is legally adopted, the
term “parent” means the adoptive mother or father of the child.
2 Section 39.0132(3) names other entities that “always have
the right to inspect” such records (e.g., law enforcement agencies),
but those provisions are not pertinent to the instant proceedings
because neither the birth parents nor the paternal g...
...that culminated in their losing their parental rights to the
children. The birth parents asserted that this interest differs
significantly from that of the public at large and thus justified the
dependency court granting them access to the records.
4 Section 39.0132(3) contains a proviso that the parents’ right
to access the dependency court records is subject to section 63.162
(pertaining to the confidentiality of adoption records), but
application of that condition is not material to the resolution of the
instant proceedings.
6
In finding that the birth parents established the requisite
“proper interest” under section 39.0132(3) to access and inspect the
court records in case numbers 2017-DP-140 and 2019-DR-168, the
dependency court relied upon the Second District Court of Appeal’s
opinion In re J.B., 101 So....
...is father was
thereafter incarcerated for the murder. Id. at 408–410.
The City moved to inspect the dependency court records
concerning the child, but its motion was denied. Id. at 409. The
Second District Court reversed, finding that under section
39.0132(3), the City had established the requisite proper interest
to inspect these court records that differed from that of the public
at large....
...n authorized by Chapter 39, Florida Statutes, and to provide that upon commencement of any proceeding, the clerk shall open a file and assign a case number. 3 Rule 8.260 (Orders) is amended to clarify that all orders must be signed by the judge, see section 39.0132(5), Florida Statutes (2012), and to list the types of orders over which a dependency order takes precedence, see section 39.013(4), Florida Statutes (2012)....
...ted; and (g) Involved professionals and district legal counsel, if available. Fla. Admin. Code R. 65C-13.020(2). However, all records and proceedings regarding dependency and termination proceedings are confidential and exempt from disclosure. See §§ 39.0132(4) and 39.809(4), Fla....
...The official action is the filing of the petition to terminate parental rights, which is confidential. Thus, for this reason alone, the staffings are not subject to the Sunshine Law. However, even if the staff was exercising decision-making authority at the staffing meeting as contemplated by the Sunshine Law, sections 39.0132(4) and 39.809(4), when read together, make these meetings confidential and closed to the public. Section 39.809(4), which applies to adjudicatory hearings in termination of parental rights cases, provides that "[a]ll hearings involving termination of parental rights are confidential and closed to the public." Section 39.0132(4)(a) provides that all information obtained in dependency and termination proceedings may not be disclosed to anyone other than the authorized personnel of the court or the department, law enforcement, guardian ad litem, and others entitled under chapter 39 to receive such information....
...Plaintiffs responded and filed a seven volume appendix in support of their Opposition to Defendants' Motion for Summary Judgment. Defendants Preston and Corsino then moved to Strike Plaintiffs' Appendix claiming that the documents in the appendix are inadmissible based on (1) Fla. Stat. §§ 39202 and 39.0132; (2) hearsay; and (3) failure to authenticate (DE # 699)....
...All Defendants have adopted or joined in the motions of Co-Defendants. The motions, as well as the responses and replies contain overlapping arguments with respect to various exhibits and objections. This Order addresses the confidentiality issues and the admissibility of records under Fla. Stat. §§ 39.202 and 39.0132....
...of an issue before the court; however, such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it. Section 39.0132, entitled, "Oaths, records, and confidential information," provides similar confidentiality with respect to records maintained by the courts, including information held by a guardian ad litem. In addition, section 39.0132(6) expressly provides that "[n]o court record of proceedings under this chapter shall be admissible in evidence in any other civil or criminal proceeding," with certain exceptions, including: (e) Evidence admitted in any proceeding un...
...ally, that the provision regarding the inadmissibility of court records should not apply to the present action. II. The Records At Issue The documents in the Appendix that Defendants specifically seek to exclude under Florida Statute §§ 39.202 and 39.0132 are: 8A: DCF Progress Notes re: AP 8B: Police Report 8/29/97 9A: DCF Progress Notes re: DL 9B: Incident Report re: DL 9C: Requiest for Funds re: DL 9D: Memo from Calhoun foster mom, 10/21/98 re: 11A: DCF Progress Notes re...
...n federal court); Farley v. Farley, 952 F.Supp. 1232, 1236 (M.D.Tenn.1997); Van Emrik v. Chentitug County Dep't of Social Servs., 121 F.R.D. 22 (W.D.N.Y.1988) (confidentiality provisions of state law did riot create evidentiary privilege). Moreover, § 39.0132(6), which makes court records governed by this section inadmissible in subsequent civil or criminal matters, contains an exception which is applicable to this case. Specifically, *1296 § 39.0132(6)(e) provides that "evidence admitted in any proceeding under this chapter may be admissible in evidence when offered by any party in a subsequent civil proceeding relating to the placement of, access to, parental time with, adoption of,...
...39 records relating to dependency matters.” Chapter 39 courtroom proceedings are
open to the public but court records in Chapter 39 proceedings are not accessible to
the public except “upon order of the court by persons deemed by the court to have
a proper interest therein.” § 39.0132(3), Fla....
