Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE FAST- TRACK REPORT., 249 So. 3d 1175 (Fla. 2018)

. . . (amending 39.402(11)(c), Fla. Stat. (2017) ). . . . (amending § 39.402(11)(c), Fla. Stat. (2017) effective July 1, 2018). . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE- FAST- TRACK REPORT, 235 So. 3d 322 (Fla. 2018)

. . . (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801( . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. P. I. M. H., 219 So. 3d 266 (Fla. Dist. Ct. App. 2017)

. . . Section 39.402(9)(a), Florida Statutes (2016) provides: At any shelter hearing, the department shall . . . absent a clear and convincing showing that visitation is not in the best interest of the child. ... § 39.402 . . .

D. H. L. H. BY AND THROUGH R. H. S. H. v. ADEPT COMMUNITY SERVICES, INC. B. E. A. R. R. B. E. A. R. R. v. D. H. L. H. R. H. S. H., 217 So. 3d 1072 (Fla. Dist. Ct. App. 2017)

. . . See § 39.402(l)(a), Fla. Stat. (2006). . . .

In L. E. H. a N. H. C. H. v. Ad In J. H. La. H. Le. H. Ad v. C. H. N. H., 192 So. 3d 592 (Fla. Dist. Ct. App. 2016)

. . . Under section 39.402(1)(a), Florida Statutes (2015), the trial court may Shelter a child if probable . . . Compare § 39.402 (shelter placement), 'ivith § 39.806 (termination of parental rights); see also Dep’ . . . merely is required to show the probability that [the sibling] is in imminent danger ....”); see also § 39.402 . . . There was evidence sufficient to meet the probable cause requirements of section 39.402 based on testimony . . . See § 39.402(h)(4). This is supported by the trial court’s specific findings in regard to Le.H. . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 191 So. 3d 257 (Fla. 2016)

. . . (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . See §§ 39.401(5) (shelter review hearing if placed with nonrelatives); 39.402 (shelter and shelter review . . . and relay any concerns including those associated with their counsel. §§ 39.001(1X0; 39.013; 39.0134; 39.402 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 158 So. 3d 523 (Fla. 2015)

. . . (amending §§ 39.402(8)(h), (9); Fla. Stat.). . . . (amending §§ 39.402(8)(h), (9); 39.50l(3)(d); 39.701(2)(c), (3)(a), Fla. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. H. M. R. E. R. a, 161 So. 3d 477 (Fla. Dist. Ct. App. 2014)

. . . Section 39.402(l)(a), Florida Statutes (2014), permits the removal and placement of a child in shelter . . . that the provision of appropriate and available services will not eliminate the need for placement.” § 39.402 . . .

G. W. v. DEPARTMENT OF CHILDREN FAMILIES,, 92 So. 3d 307 (Fla. Dist. Ct. App. 2012)

. . . Section 39.402(5)(b)2 of the Florida Statutes (2012) makes it clear that “if indigent, ... parents have . . .

In AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION, FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES OF CRIMINAL PROCEDURE, FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, FLORIDA PROBATE RULES, THE FLORIDA RULES OF TRAFFIC COURT, FLORIDA RULES OF JUVENILE PROCEDURE, FLORIDA RULES OF APPELLATE PROCEDURE, AND FLORIDA FAMILY LAW RULES OF PROCEDURE- COMPUTATION OF TIME, 95 So. 3d 96 (Fla. 2012)

. . . See Sections 39.402(8)(a), 984.14(4), and 985.255(3)(a), Florida Statutes (2011). . . .

S. M. v. R. M., 82 So. 3d 163 (Fla. Dist. Ct. App. 2012)

. . . The majority analyzes the order under review as a shelter order issued pursuant to section 39.402, Florida . . . Section 39.402(1), Florida Statutes (2011) states: Unless ordered by the court under this chapter, a . . . Section 39.402(2) further provides: A child taken into custody may be placed or continued in a shelter . . . Once a child is placed in shelter (with a parent), section 39.402(8)(a) requires a shelter hearing within . . . Sections 39.402(3), (5), and (8) and rule 8.305 set forth all the notices and rights to a hearing for . . . See § 39.402(8)(h)6., Fla. . . . See § 39.402(8)(c)3., Fla. Stat. (2011) (“At the shelter hearing, the court shall ... . . . However, as we held in L.M.B., the right to be heard as provided in section 39.402(8)(c)3. . . . See § 39.402(2), Fla. Stat. (2011). . . . If the evidence presented does not meet one or more of the criteria stated in section 39.402(1), then . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. P. F. K. A. a, 107 So. 3d 1123 (Fla. Dist. Ct. App. 2012)

. . . See §§ 39.401(1), § 39.402(1), 39.402(8)(d), Fla. Stat. (2011). . . .

SLAVEN C. S. A. S. J. S. v. ENGSTROM, a R. a L., 848 F. Supp. 2d 994 (D. Minn. 2012)

. . . . § 39.402(c) ("At the shelter hearing, the court shall ... . . .

K. G. N. G. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 66 So. 3d 366 (Fla. Dist. Ct. App. 2011)

. . . Section 39.402(8)(c)(3), Florida Statutes (2010), requires trial courts at shelter hearings to provide . . .

A. G. N. G. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 65 So. 3d 1180 (Fla. Dist. Ct. App. 2011)

. . . is understood; and (4) determine whether any waiver of counsel is knowing and intelligent • Section 39.402 . . .

A. T. N. D. P. E. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 70 So. 3d 634 (Fla. Dist. Ct. App. 2011)

. . . provisions of this rule, a general magistrate shall not preside over a shelter hearing under section 39.402 . . .

L. T. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 28 So. 3d 978 (Fla. Dist. Ct. App. 2010)

. . . without proper notice to the petitioner mother, contrary to both the due process requirements of § 39.402 . . .

L. M. B. v. DEPARTMENT OF CHILDREN AND FAMILIES S. M. J. L. A. J. a, 28 So. 3d 217 (Fla. Dist. Ct. App. 2010)

. . . See § 39.402, Fla. Stat. (2009). . . . Before entering the order, the trial court conducted a shelter hearing pursuant to section 39.402(8) . . . refused to permit the mother to present evidence on the issue of whether the child should be removed. § 39.402 . . . See also § 39.402(5)(b)l., Fla. . . . (adding the following language to section 39.402(8)(a): “The parents or legal guardians of the child . . .

P. U. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 24 So. 3d 706 (Fla. Dist. Ct. App. 2009)

. . . Section 39.402(l)(a), Florida Statutes (2009), permits the removal of a child and placement of the child . . . Section 39.402(8)(d), Florida Statutes (2009), provides that, to continue the placement in shelter care . . . Here, the Department did not establish probable cause under either subsection 39.402(l)(a) or (8)(d). . . .

DRIESSEN, B. O. d o b B. O. d o b v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, BAL, 351 F. App'x 355 (11th Cir. 2009)

. . . . § 39.402(13), which states, in part, that "A child may not be held in a shelter under an order so directing . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 22 So. 3d 9 (Fla. 2009)

. . . The proposals are in response to recent amendments to sections 39.0016 and 39.402, Florida Statutes, . . . Stat.; creating §§ 39.402(ll)(b)-(ll)(d), Fla. . . . (adding § 39.402(8)(h), Fla. Stat.; providing effective date). . . . The amendments to rule 8.305 (Shelter Hearing, Petition, and Order) implement newly created sections 39.402 . . . The amendments to form 8.961 (Shelter Order) track newly added section 39.402(8)(h)8., Florida Statutes . . .

In D. J. a C. J. v. Ad, 9 So. 3d 750 (Fla. Dist. Ct. App. 2009)

. . . This occurred despite the provisions of sections 39.402(13) and 39.402(14)(f), Florida Statutes (2006 . . . shelter order for more than seven months, rather than the maximum four months provided for by section 39.402 . . .

In C. S. a M. D. v. Ad, 6 So. 3d 115 (Fla. Dist. Ct. App. 2009)

. . . all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402 . . .

KIRTON, v. FIELDS, v. H. v., 997 So. 2d 349 (Fla. 2008)

. . . 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402 . . .

A. P. BAZERMAN, R. K. N. M. R. M. v. FEAVER,, 293 F. App'x 635 (11th Cir. 2008)

. . . . §§ 39.401(3), 39.402(5)(a). . . . Stat. § 39.402(7)(a). . . . Stat. § 39.402(8) (1997). . . . Stat. § 39.402 (setting forth standards for placement of children in shelter care); Fla. . . .

In C. J. a J. C. J. v. Ad, 987 So. 2d 828 (Fla. Dist. Ct. App. 2008)

. . . each stage of the proceedings and to appoint counsel for parents who are unable to afford counsel); § 39.402 . . .

M. B. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 985 So. 2d 1178 (Fla. Dist. Ct. App. 2008)

. . . and care of his mother, the petitioner, and placing the minor child in a shelter, pursuant to section 39.402 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES v. R. A., 980 So. 2d 578 (Fla. Dist. Ct. App. 2008)

. . . See § 39.402(7), Fla. Stat. (2007); E.H. v. . . . Section 39.402(7) provides: A child may not be removed from the home or continued out of the home pending . . .

In K. M. a D. M. v. T. W. Ad, 978 So. 2d 211 (Fla. Dist. Ct. App. 2008)

. . . 39.01(1) (definition of “abandoned”), 39.201(l)'(a) (requirement for reporting child abuse,, etc.), 39.402 . . .

E. G. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES Ad, 975 So. 2d 1244 (Fla. Dist. Ct. App. 2008)

. . . The court’s authority arises from section 39.402, Florida Statutes (2007). . . . Id. § 39.402(8)(a). . . . A shelter hearing must be held within the time specified by the section 39.402 and Florida Rule of Juvenile . . . A prompt shelter hearing shall be conducted pursuant to section 39.402, Florida Statutes (2007), and . . .

A. W. In B. W. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 969 So. 2d 496 (Fla. Dist. Ct. App. 2007)

. . . See §§ 39.001(1)(h), 39.013(5), 39.402(14)(e) & 39.621(1), Fla. Stat. (2006). . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 952 So. 2d 517 (Fla. 2007)

. . . .” § 39.402(8)(c)(l), Fla. Stat. (2006). . . .

M. L. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 942 So. 2d 977 (Fla. Dist. Ct. App. 2006)

. . . Section 39.402, Florida Statutes, states (1) ... . . . that the provision of appropriate and available services will not eliminate the need for placement. 39.402 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE THREE YEAR CYCLE, 939 So. 2d 74 (Fla. 2006)

. . . (h) of rule 8.257, which would prohibit magistrates from conducting shelter hearings under section 39.402 . . . provisions of this rule, a general magistrate shall not preside over a shelter hearing under section 39.402 . . . Section 39.402 sets forth the factual circumstances which must exist and the procedures which the Department . . .

J. B. D. P. J. P. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 936 So. 2d 665 (Fla. Dist. Ct. App. 2006)

. . . See § 39.402(5)(b)l, Fla. . . . They will be given an opportunity to be heard and to present evidence at the shelter hearing.”); § 39.402 . . . See § 39.402(8)(h), Fla. Stat. (2005). . . .

O. M. A. F. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 932 So. 2d 561 (Fla. Dist. Ct. App. 2006)

. . . See § 39.402(5)(b)1, Fla. Stat. (2005). . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . Section 39.402(8)(c), Florida Statutes (2004), requires the court to appoint a guardian ad litem for . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. R. V. S. V. A. V. R. V. M. V., 917 So. 2d 334 (Fla. Dist. Ct. App. 2005)

. . . See § 39.402, Fla. Stat. (2004). REVERSED and REMANDED. SAWAYA and TORPY, JJ., concur. . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . to clarify that findings need to be made only in an order granting shelter care, pursuant to section 39.402 . . .

D. W. E. W. J. J. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 882 So. 2d 491 (Fla. Dist. Ct. App. 2004)

. . . Instead, this court found that such an award was authorized by section 39.402(11), Florida Statutes, . . .

A. M. T. A. D. T. A. D. T. A. M. T. v. STATE, 883 So. 2d 302 (Fla. Dist. Ct. App. 2004)

. . . Sections 39.401(1) and 39.402(1), Florida Statutes, require that, before a court may order a child taken . . .

R. M. S. M. A. M. J. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 877 So. 2d 797 (Fla. Dist. Ct. App. 2004)

. . . More importantly, section 39.402(11), Florida Statutes, provides: If a child is placed in a shelter pursuant . . . the father had notice of the possible imposition of temporary child support by virtue of subsection 39.402 . . . Under subsection 39.402(11), the shelter hearing is not the hearing at which the amount of temporary . . .

In J. P. G. P. J. P. G. P. v., 875 So. 2d 715 (Fla. Dist. Ct. App. 2004)

. . . Counsel for E.P. again stated that section 39.402, Florida Statutes (2003), required an opportunity to . . . Counsel for G.P. then stated to the court that section 39.402 required a full eviden-tiary hearing and . . . ANALYSIS Section 39.402 sets forth the procedure for conducting shelter hearings after the removal of . . . Section 39.402(5)(b)(l) provides: “The parents or- legal custodians shall be given written notice that . . . CONCLUSION Section 39.402 and rule 8.305 afford parents due process in judicial proceedings in matters . . .

S. C. a v. GUARDIAN AD LITEM,, 845 So. 2d 953 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to section 39.402, Florida Statutes, the Department of Children and Family Services (“the department . . .

AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE AND, 816 So. 2d 536 (Fla. 2002)

. . . time period corresponds to existing provisions in the juvenile statutes and rules, including section 39.402 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. L. G. L. G. M. G. a, 801 So. 2d 1047 (Fla. Dist. Ct. App. 2001)

. . . Thereafter, the Department filed a shelter petition under section 39.402, Florida Statutes (2000), alleging . . .

AMENDMENTS TO THE RULES OF JUVENILE PROCEDURE, 796 So. 2d 468 (Fla. 2001)

. . . intent of the Legislature that children who are maintained in out-of-home care by court order under s. 39.402 . . .

M. W. a v. DAVIS,, 756 So. 2d 90 (Fla. 2000)

. . . See §§ 39.401(3), 39.402(8)(a), Fla. Stat. (Supp. 1998). . . . See § 39.402(l)-(2), Fla. Stat. (Supp.1998). . . . See § 39.402(13). . . .

B. B. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, A. s C. II, s D. M., 731 So. 2d 30 (Fla. Dist. Ct. App. 1999)

. . . On July 23, the Department filed an emergency motion for continuance under, section 39.402(10)(b)2, Florida . . . (Supp.1998); § 39.402(14), Fla. Stat. . . . Department’s argument that this case presents an “exceptional circumstance” under sections S9.013(9)(b)2 and 39.402 . . . This case is properly analyzed under sections 39.013(9)(b)l and 39.402(14)(b)l, which provide for a continuance . . . continuance, which suspends the running of Chapter 39 time limitations under sections 39.013(9) and 39.402 . . .

BROWN, v. Ed FEAVER,, 726 So. 2d 322 (Fla. Dist. Ct. App. 1999)

. . . See §§ 39.401r-39.402, Fla. Stat. (1997). . . . as to the “reasonableness” of the services provided when the state seeks custody of a child, see § 39.402 . . . the child’s best interest to be removed from his or her custodian’s custody), see §§ 39.401(l)(b)l, 39.402 . . . determining whether the Department has made reasonable efforts to prevent the need for foster care, see § 39.402 . . . custody of his or her child where there is no abuse, neglect, or abandonment, see §§ 39.401(l)(b)l, 39.402 . . .

HENRY RILLA WHITE FOUNDATION, INC. v. MIGDAL,, 720 So. 2d 568 (Fla. Dist. Ct. App. 1998)

. . . (Supp.1996), §§ 39.402(11), 39.41(2)(a)9.a., Fla. Stat. (1995). . . .

IN RE AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 725 So. 2d 296 (Fla. 1998)

. . . (amending section 39.402(7)(b), Florida Statutes (1997), to appear as section 39.402(8)©). . . .

K. C. B. C. B. C. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA,, 764 So. 2d 4 (Fla. Dist. Ct. App. 1998)

. . . See § 39.402(6), Fla. Stat. (1997). STONE, C.J., and GROSS and TAYLOR, JJ., concur. . . .

W. R. B. R. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 701 So. 2d 651 (Fla. Dist. Ct. App. 1997)

. . . See §§ 415.508, 39.402(7)(a) and 39.465(2) and Fla.R.Juv.P. 8.215(b). . . .

L. W. D. W. T. W. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 695 So. 2d 724 (Fla. Dist. Ct. App. 1996)

. . . The motion for emergency hearing alleged numerous violations of the time constraints of sections 39.402 . . . days, and T.W. had been held in emergency shelter care for sixty-seven days, in violation of section 39.402 . . .

JORDAN, JORDAN, v. D. JACKSON, L., 15 F.3d 333 (4th Cir. 1994)

. . . . § 39.402 (West 1988 & Supp.1993) (hearing within 24 hours); N.H.Rev.Stat.Ann. § 169-C:6 (1990) (hearing . . .

GRIGLEY, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 625 So. 2d 132 (Fla. Dist. Ct. App. 1993)

. . . effort to prevent or eliminate the need for removal of the child from her home, as required by section 39.402 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. HONEYCUTT,, 609 So. 2d 596 (Fla. 1992)

. . . B.A.H. was placed in custody with HRS for the twenty-one-day period permitted by section 39.402(9), Florida . . .

MARION COUNTY, v. JOHNSON,, 586 So. 2d 1163 (Fla. Dist. Ct. App. 1991)

. . . .); § 39.402(11), Fla.Stat. (1989) (Child shall not be held in a shelter on a dependency petition more . . .

PATTERSON v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 548 So. 2d 1200 (Fla. Dist. Ct. App. 1989)

. . . by findings nor evidence of the criteria required for the continuation of shelter care under section 39.402 . . .

In UNKNOWN P., 546 So. 2d 21 (Fla. Dist. Ct. App. 1989)

. . . child’s counsel or the child’s guardian ad litem, if one has been appointed by the court,” Section 39.402 . . . his case and additional time is justified because of the exceptional circumstances of the case.” § 39.402 . . . means at hand to extend the twenty-one day time period in the interests of the child under Section 39.402 . . . circumstances” sufficient to satisfy the statute and to justify extending the twenty-one day period. § 39.402 . . .

Mr. DUPES, v. STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 536 So. 2d 311 (Fla. Dist. Ct. App. 1988)

. . . See, e.g., sections 39.032(7), 39.402(13), 39.422(7), Florida Statutes (1986 Supp.). . . . Chapter 86-220, Laws of Florida (1986); sections 39.-032(7), 39.11(2), 39.111(5), 39.402(14), Florida . . .

THE FLORIDA BAR ADVISORY OPINION HRS NONLAWYER COUNSELOR, 518 So. 2d 1270 (Fla. 1988)

. . . . § 39.402(9)(a) and 10. . . . Fla.Stat. § 39.402(10). . . . Fla.Stat. §§ 39.402(10); 39.404(3). . . . Fla.Stat. §§ 39.402(10); 39.408(l)(a). . . . Fla.Stat. § 39.402(11). . . .

K. BURK, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 476 So. 2d 1275 (Fla. 1985)

. . . . § 39.402(7), Fla.Stat. (1983). . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. IN INTEREST OF R. S. a, 467 So. 2d 777 (Fla. Dist. Ct. App. 1985)

. . . detained at the HRS emergency shelter from October 28, 1983, to November 22, 1983, pointing out that § 39.402 . . .

A. O. a v. STATE, 456 So. 2d 1173 (Fla. 1984)

. . . See § 39.402(4). . . .

J. M. J. A v. STATE, 389 So. 2d 1208 (Fla. Dist. Ct. App. 1980)

. . . See § 39.402(4). . . .