Florida Statute 39.0136 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 39.0136

Arrestable Offenses / Crimes under Fla. Stat. 39.0136

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.0136.

Annotations, Discussions, Cases:

Cases Citing Statute 39.0136

Total Results: 13

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

Court: District Court of Appeal of Florida | Date Filed: 2022-01-12

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

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2021-09-02

Snippet: security for the children. See §§ 39.001(1)(h), 39.0136, Fla. Stat. (2019). As we stated, in Department

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

Court: District Court of Appeal of Florida | Date Filed: 2021-01-27

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

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-09

Snippet: 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e)

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

Court: District Court of Appeal of Florida | Date Filed: 2017-07-19

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

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

M.L. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-05-03

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

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

S.L. v. Department of Children & Families

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

Citation: 182 So. 3d 744, 2015 WL 9487592

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-04-01

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2009-05-19

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2009-05-08

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

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

In Re DJ

Court: District Court of Appeal of Florida | Date Filed: 2009-05-08

Citation: 9 So. 3d 750, 2009 WL 1260109

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

RS v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-05-23

Citation: 956 So. 2d 1242

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

Board Public Instruction v. First National Bank

Court: Supreme Court of Florida | Date Filed: 1932-10-08

Citation: 143 So. 738, 111 Fla. 4, 1932 Fla. LEXIS 1539

Snippet: Instruction Flagler County v. McKenzie, 103 Fla. 39, 136 So.2d 899. In the case of the Board of Public Instruction