Florida Statute 39.136 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.0136

39.0136 Time limitations; continuances.—

(1) The Legislature finds that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party except as provided in this section.

(2)(a) All parties and the court must work together to ensure that permanency is achieved as soon as possible for every child through timely performance of their responsibilities under this chapter.

(b) The department shall ensure that parents have the information necessary to contact their case manager. When a new case manager is assigned to a case, the case manager must make a timely and diligent effort to notify the parent and provide updated contact information.

(3) The time limitations in this chapter do not include:

(a) Periods of delay resulting from a continuance granted at the request of the child’s counsel, guardian ad litem, or attorney ad litem, if one is appointed. The court must consider the best interests of the child when determining periods of delay under this section.

(b) Periods of delay resulting from a continuance granted at the request of any party if the continuance is granted:

1. Because of an unavailability of evidence that is material to the case if the requesting party has exercised due diligence to obtain evidence and there are substantial grounds to believe that the evidence will be available within 30 days. However, if the requesting party is not prepared to proceed within 30 days, any other party may move for issuance of an order to show cause or the court on its own motion may impose appropriate sanctions, which may include dismissal of the petition.

2. To allow the requesting party additional time to prepare the case and additional time is justified because of an exceptional circumstance.

(c) Reasonable periods of delay necessary to accomplish notice of the hearing to the child’s parent or legal custodian; however, the petitioner shall continue regular efforts to provide notice to the parents during the periods of delay.

(4) Notwithstanding subsection (3), in order to expedite permanency for a child, the total time allowed for continuances or extensions of time, including continuances or extensions by the court on its own motion, may not exceed 60 days within any 12-month period for proceedings conducted under this chapter. A continuance or extension of time may be granted only for extraordinary circumstances in which it is necessary to preserve the constitutional rights of a party or if substantial evidence exists to demonstrate that without granting a continuance or extension of time the child’s best interests will be harmed.

(5) Notwithstanding subsection (3), a continuance or an extension of time is limited to the number of days absolutely necessary to complete a necessary task in order to preserve the rights of a party or the best interests of a child.

History.—s. 4, ch. 2006-86; s. 2, ch. 2019-128; s. 9, ch. 2024-70.

F.S. 39.0136 on Google Scholar

F.S. 39.0136 on CourtListener

Amendments to 39.0136

Annotations, Discussions, Cases:

Cases Citing Statute 39.0136

Total Results: 11

In Re DJ

9 So. 3d 750, 2009 WL 1260109

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

Cited 6 times | Published

all but the most exceptional circumstances. See § 39.0136. The actions and attitudes displayed by the Department

A.M., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

223 So. 3d 312, 2017 WL 3085350, 2017 Fla. App. LEXIS 10455

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122343

Cited 2 times | Published

3d 780, 792 (Fla. 2015); see also § 39.0136(1), Fla. Stat. (2015) (“The Legislature finds

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

162 So. 3d 335, 2015 Fla. App. LEXIS 4764

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679426

Cited 1 times | Published

permanency for a child in the dependency system.” § 39.0136(1), Fla. Stat. (2014). Our resolution of this

D.H. Ex Rel. J.R. v. Department of Children & Families

12 So. 3d 266, 2009 Fla. App. LEXIS 5803, 2009 WL 1383344

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1646752

Cited 1 times | Published

orally denied the motion for continuance. See § 39.0136(1), (2)(b)1. & (3), Fla. Stat. (2007); R.S. v

RS v. Department of Children and Families

956 So. 2d 1242

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1740383

Cited 1 times | Published

any party except as provided in this section. § 39.0136(1), Fla. Stat. (2006). The statute specifies that:

Florida Department of Children and Families v. Foster Parents of K.J.

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651964

Published

child in the dependency system.” Id. (quoting § 39.0136(1), Fla. Stat.). We have jurisdiction.

G.C., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62217976

Published

placement should be achieved within one year); § 39.0136(1), Fla. Stat. (stating “time is of the essence

B.A., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654232

Published

emphasis on an expeditious process. See, e.g., § 39.0136(1), Fla. Stat. (2019) (“The Legislature finds

M.L. v. Department of Children & Families

227 So. 3d 142, 2017 WL 1718807, 2017 Fla. App. LEXIS 6187

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60276784

Published

spent his entire life in the dependency system. § 39.0136(1), Florida Statutes (2016). He deserved permanency

S.L. v. Department of Children & Families

182 So. 3d 744, 2015 WL 9487592

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024825

Published

proceedings. See Fla. R. Jud. Adm. 2.215(g); § 39.0136(1), Fla. Stat. (2014) (“[T]ime is of the essence

C.J. v. Department of Children & Family Services

9 So. 3d 750, 2009 Fla. App. LEXIS 4253

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 60309080

Published

all but the most exceptional circumstances. See § 39.0136. The actions and attitudes displayed by the Department