Florida Statute 39.501 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.501

39.501 Petition for dependency.—

(1) All proceedings seeking an adjudication that a child is dependent shall be initiated by the filing of a petition by an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(2) The purpose of a petition seeking the adjudication of a child as a dependent child is the protection of the child and not the punishment of the person creating the condition of dependency.

(3)(a) The petition shall be in writing, shall identify and list all parents, if known, and all current legal custodians of the child, and shall be signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. When the petition is filed by the department, it shall be signed by an attorney for the department.

(b) The form of the petition and its contents shall be determined by rules of juvenile procedure adopted by the Supreme Court.

(c) The petition must specifically set forth the acts or omissions upon which the petition is based and the identity of the person or persons alleged to have committed the acts or omissions, if known. The petition need not contain allegations of acts or omissions by both parents.

(d) The petitioner must state in the petition, if known, whether:

1. A parent or legal custodian named in the petition has previously unsuccessfully participated in voluntary services offered by the department;

2. A parent or legal custodian named in the petition has participated in mediation and whether a mediation agreement exists;

3. A parent or legal custodian has rejected the voluntary services offered by the department;

4. A parent or legal custodian named in the petition has not fully complied with a safety plan; or

5. The department has determined that voluntary services are not appropriate for the parent or legal custodian and the reasons for such determination.

If the department is the petitioner, it shall provide all safety plans as defined in s. 39.01 involving the parent or legal custodian to the court.

(4) When a child has been placed in shelter status by order of the court, a petition alleging dependency must be filed within 21 days after the shelter hearing, or within 7 days after any party files a demand for the early filing of a dependency petition, whichever comes first. In all other cases, the petition must be filed within a reasonable time after the date the child was referred to protective investigation. The child’s parent or legal custodian must be served with a copy of the petition at least 72 hours before the arraignment hearing.

(5) A petition for termination of parental rights may be filed at any time.

History.—s. 20, ch. 78-414; s. 7, ch. 84-311; s. 1, ch. 85-338; s. 7, ch. 87-289; s. 14, ch. 88-337; s. 6, ch. 90-306; s. 5, ch. 92-170; s. 8, ch. 94-164; s. 62, ch. 98-403; s. 25, ch. 99-193; s. 13, ch. 2014-224.

Note.—Former s. 39.404.

F.S. 39.501 on Google Scholar

F.S. 39.501 on Casetext

Amendments to 39.501

Arrestable Offenses / Crimes under Fla. Stat. 39.501

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.501.

Annotations, Discussions, Cases:

Cases Citing Statute 39.501

Total Results: 20

M.K. and JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv.

In the Interest of: B.R.C.M., A Minor Child v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2017-04-20T00:00:00-07:00

Citation: 215 So. 3d 1219, 42 Fla. L. Weekly Supp. 472, 2017 WL 1709786, 2017 Fla. LEXIS 892

Snippet: informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201

L.C.R. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-23T00:00:00-08:00

Citation: 207 So. 3d 339, 2016 Fla. App. LEXIS 17482

Snippet: law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent

L.C.R. v. Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-22T23:53:00-08:00

Snippet: law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent

O.I.C.L., a Minor Child v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2016-09-22T00:00:00-07:00

Citation: 205 So. 3d 575, 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072

Snippet: informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (emphasis added). See also Fla.

S.M., etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Snippet: 39.401), the adjudication of dependency (section 39.501), the case plan (section 39.6011), and finally

In Re: Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion

Court: Fla. | Date Filed: 2016-05-26T00:53:00-07:00

Snippet: 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of

B.G. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

Citation: 189 So. 3d 305, 2016 WL 1446110, 2016 Fla. App. LEXIS 5607

Snippet: adjudication followed by disposition hearings. §§ 39.501-521, Fla. Stat. (2015). These statutes ensure due

R.J., a child v. Florida Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-16T00:00:00-07:00

Citation: 187 So. 3d 362, 2016 Fla. App. LEXIS 4110, 2016 WL 1039178

Snippet: via dependency proceedings. §§ 39.01(15)(a),(f); 39.501, Fla. Stat. (2014). In most cases, DCF is … bringing a dependency action. However, section 39.501(1) provides that that “an attorney for the department…and thus also allows for a “private petition.” § 39.501(1), Fla. Stat. (2014) (emphasis added); Dep

Department of Children and Families v. S.A.E. Mother of A.A.A.-E.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-04T00:00:00-08:00

Citation: 184 So. 3d 615, 2016 WL 381338

Snippet: one initiated by the DCF. See § 39.501 Fla. Stat. (petition to be filed by attorney for

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2016-01-21T00:00:00-08:00

Citation: 191 So. 3d 257, 41 Fla. L. Weekly Supp. 11, 2016 Fla. LEXIS 129, 2016 WL 264523

Snippet: § 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of

In Re: Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2016-01-20T23:53:00-08:00

Snippet: 12, 13, 17, Laws of Fla. (amending §§ 39.402; 39.501; 39.701, Fla. Stat.); ch. 2014-227, § 1, Laws of

In the Interest Of: B.R.C.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-30T00:00:00-08:00

Citation: 182 So. 3d 749, 2015 Fla. App. LEXIS 19470

Snippet: provisions of Chapter 39 of the Florida Statutes, §§ 39.501-39.510, Fla. Stat. (2015), is not to facilitate

S v. v. Dept. of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-08T00:53:00-07:00

Snippet: Father’s two children as dependent under section 39.501 of the Florida Statutes.2 DCF’s Petition

S v. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-08T00:00:00-07:00

Citation: 178 So. 3d 421, 2015 Fla. App. LEXIS 10362

Snippet: Father’s two children as dependent under section 39.501 of the Florida Statutes: 2 • ■

In the Interest of Y v. a Minor Child

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:00:00-07:00

Citation: 160 So. 3d 576

Snippet: Rule of Juvenile Procedure 8.310. See § 39.501(3)(b), Fla. Stat. (2013) (requiring the form and

In Re: Amendments to the Florida Rules of Juvenile Procedure – Corrected Opinion

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: 17, Laws of Fla. (amending §§ 39.402(8)(h), (9); 39.501(3)(d); 39.701(2)(c), (3)(a), Fla. Stat.); ch. 2014…See ch. 2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla. Stat.). The amendment to subdivision

In Re AMENDMENTS TO the FLORIDA RULES OF JUVENILE PROCEDURE

Court: Fla. | Date Filed: 2015-02-19T00:00:00-08:00

Citation: 158 So. 3d 523, 40 Fla. L. Weekly Supp. 101, 2015 Fla. LEXIS 281, 2015 WL 686028

Snippet: ch.2014-224, § 13, Laws of Fla. (amending § 39.501(3)(d), Fla. Stat.). The amendment to subdivision

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-09T00:00:00-07:00

Citation: 135 So. 3d 541, 2014 WL 1379859

Snippet: Families, 770 So.2d 1189, 1193 (Fla.2000). See § 39.501(2). Because the evidence was insufficient to prove

A.J. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-01T00:00:00-07:00

Citation: 111 So. 3d 980, 2013 WL 1844221, 2013 Fla. App. LEXIS 7156

Snippet: meet the needs of a very challenged little girl. § 39.501(2), Fla. Stat. (2011). AFFIRMED. LAWSON and EVANDER