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Florida Statute 39.395 - Full Text and Legal Analysis Florida Statute 39.395 | Lawyer Caselaw & Research
Fla. Stat. § 39.395 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
39.395 Detaining a child; medical or hospital personnel.—Any person in charge of a hospital or similar institution, or any physician or licensed health care professional treating a child may detain that child without the consent of the parents, caregiver, or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such that returning the child to the care or custody of the parents, caregiver, or legal custodian presents an imminent danger to the child’s life or physical or mental health. Any such person detaining a child shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of this chapter and shall make every reasonable effort to immediately notify the parents or legal custodian that such child has been detained. If the department determines, according to the criteria set forth in this chapter, that the child should be detained longer than 24 hours, it shall petition the court through the attorney representing the Department of Children and Families as quickly as possible and not to exceed 24 hours, for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible.
History.—s. 56, ch. 98-403; s. 21, ch. 99-193; s. 19, ch. 2014-19.

Cases Citing F.S. 39.395

Fla. Stat. § 39.395 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Dm v. Jdm Ex Rel. Cf, 814 So. 2d 1112 (Fla. 4th DCA 2002).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 492417

...This rule indicates that a petition for dependency may be filed in any circuit. However, the action should be transferred in accordance with the foregoing section. That is consistent with the statutory provisions respecting sheltering of children. See §§ 39.395-.4086, Fla. Stat. (2001). For instance, any person in charge of a hospital may detain a child and notify DCFS, which may lead to a shelter petition. See § 39.395, Fla....
0 red0 yellow4 green0 procedural
Cited as authorityIn re Teagan K.-O. (2020)
Cited as authorityJ.S. v. Dept. of Children and Families (2018)
CitedStanek-Cousins v. State (2005)
phrase: "see"
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D.M. v. J.D.M. ex rel. C.F., 814 So. 2d 1112 (Fla. 4th DCA 2002).

Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 4275

...This rule indicates that a petition for dependency may be filed in any circuit. However, the action should be transferred in accordance with the foregoing section. That is consistent with the statutory provisions respecting sheltering of children. See §§ 39.395-4086, Fla. Stat. (2001). For instance, any person in charge of a hospital may detain a child and notify DCFS, which may lead to a shelter petition. See § 39.395, Fla....

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.