Florida Statute 39.501 - 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. 39.501

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 CourtListener

Amendments to 39.501

Annotations, Discussions, Cases:

Cases Citing Statute 39.501

Total Results: 39

SB v. Department of Children and Families

851 So. 2d 689, 28 Fla. L. Weekly Supp. 531, 2003 Fla. LEXIS 1154, 2003 WL 21543565

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1313066

Cited 29 times | Published

child; it is not to punish the caregiver. See § 39.501(2), Fla. Stat. (2001) ("The purpose of a petition

BC v. Department of Children and Families

864 So. 2d 486, 2004 WL 19508

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1425726

Cited 14 times | Published

both parents." Id. The statute now in effect, section 39.501, Florida Statutes (2003), contains the same

In Re KB

937 So. 2d 709, 2006 WL 2381952

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1513119

Cited 11 times | Published

F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) ("The purpose of a petition seeking the adjudication

State, Dept. of Children & Family Services v. LG

801 So. 2d 1047, 2001 Fla. App. LEXIS 18240, 2001 WL 1645365

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1744732

Cited 8 times | Published

subsequently filed a dependency petition under section 39.501, Florida Statutes (2000). Mother and father

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

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

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418542

Cited 6 times | Published

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

In Re Tj

59 So. 3d 1187, 2011 WL 1485994

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2361633

Cited 6 times | Published

seek special immigration juvenile status. See § 39.501(1), Fla. Stat. (2010) ("All proceedings seeking

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

child and not the punishment of the [parent]," § 39.501(2), the trial court did not abuse its discretion

D. Children v. Children and Family Serv.

820 So. 2d 980, 2002 Fla. App. LEXIS 8167, 2002 WL 1174047

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1726715

Cited 6 times | Published

person creating the condition of dependency." § 39.501(2), Fla. Stat. The court's discretion is "very

Florida Department of Children & Families v. Y.C.

82 So. 3d 1139, 2012 WL 716091, 2012 Fla. App. LEXIS 3676

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2415473

Cited 5 times | Published

parent, may file a petition for dependency. See § 39.501(1), Fla. Stat. (2010). Reliance on that language

DM v. JDM Ex Rel. CF

814 So. 2d 1112, 2002 WL 492417

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 1368695

Cited 5 times | Published

presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts

Yp v. Dcfs

939 So. 2d 1118

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1237293

Cited 3 times | Published

family unit whenever possible. To this end, section 39.501(2), Florida Statutes (2005), provides that

Clr v. Dcf

913 So. 2d 764

District Court of Appeal of Florida | Filed: Nov 10, 2005 | Docket: 1698411

Cited 3 times | Published

obtain an adjudication as to only one parent. See § 39.501(3)(c), Fla. Stat. Parents who are not named in

Mw v. Dep't of Children and Family Serv.

881 So. 2d 734, 2004 Fla. App. LEXIS 13653, 2004 WL 2049971

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 1465920

Cited 3 times | Published

1193 (Fla.2000) (citation omitted); see also § 39.501(2), Fla. Stat. (2002). In administering the child

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

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

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424429

Cited 2 times | Published

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

S v. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2671921

Cited 2 times | Published

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

BM v. Department of Children & Families

981 So. 2d 1229, 2008 Fla. App. LEXIS 6874, 2008 WL 2038385

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1515736

Cited 2 times | Published

person creating the condition of dependency." § 39.501(2), Fla. Stat. (2007). It is the public policy

Ab v. Dept. of Children & Families

834 So. 2d 350, 2003 Fla. App. LEXIS 97, 2003 WL 46771

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1697547

Cited 2 times | Published

person creating the condition of dependency." § 39.501(2), Fla. Stat. (2002). The trial court's imposition

W.G. v. S.A.

40 So. 3d 908, 2010 Fla. App. LEXIS 10858

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 60295185

Cited 1 times | Published

either subsection to support this conclusion. Section 39.501(3)(c) merely states that a petition for dependency

SK v. Department of Children and Families

959 So. 2d 1209, 2007 Fla. App. LEXIS 9529, 2007 WL 1756850

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1525738

Cited 1 times | Published

be available for an incarcerated prisoner. Section 39.501(2) states that: "The purpose of a petition

M.B. v. Department of Children & Family Services

937 So. 2d 709, 2006 Fla. App. LEXIS 13812

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 64846710

Cited 1 times | Published

F., 770 So.2d 1189, 1193 (Fla.2000); see also § 39.501(2) (“The purpose of a petition seeking the adjudication

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

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

Supreme Court of Florida | Filed: Apr 20, 2017 | Docket: 4922800

Published

informed of them and believes that they are true.” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201(a)(2)

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

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

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 63631317

Published

correct 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

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544293

Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044824

Published

for bringing a dependency action. However, section 39.501(1) provides that that “an attorney for the

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

184 So. 3d 615, 2016 WL 381338

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033832

Published

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

S v. v. Dept. of Children & Families

District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2674014

Published

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

In the Interest of Y v. a Minor Child

160 So. 3d 576

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2648055

Published

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

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644900

Published

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

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

Supreme Court of Florida | Filed: Feb 19, 2015 | Docket: 2635438

Published

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

135 So. 3d 541, 2014 WL 1379859

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60239689

Published

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

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

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60230940

Published

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

In the Interest of T.J.

59 So. 3d 1187, 2011 Fla. App. LEXIS 5568

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60299579

Published

seek special immigration juvenile status. See § 39.501(1), Fla. Stat. (2010) (“All proceedings seeking

In Re Ag

40 So. 3d 908, 2010 WL 2925355

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 1667033

Published

either subsection to support this conclusion. Section 39.501(3)(c) merely states that a petition for dependency

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

child and not the punishment of the [parent],” § 39.501(2), the trial court did not abuse its discretion

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

939 So. 2d 1118, 2006 Fla. App. LEXIS 16449, 2006 WL 2819583

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 64847341

Published

family unit whenever possible. To this end, section 39.501(2), Florida Statutes (2005), provides that

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

913 So. 2d 764, 2005 Fla. App. LEXIS 17698, 2005 WL 3000612

District Court of Appeal of Florida | Filed: Nov 10, 2005 | Docket: 64840787

Published

obtain an adjudication as to only one parent. See § 39.501(3)(c), Fla. Stat. Parents who are not named in

D.M. v. J.D.M. ex rel. C.F.

814 So. 2d 1112, 2002 Fla. App. LEXIS 4275

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64814659

Published

presumptively favor the choice of venue by Dr. Swan. Section 39.501(1) permits any person with knowledge of facts

Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510

816 So. 2d 536, 27 Fla. L. Weekly Supp. 51, 2002 Fla. LEXIS 3, 2002 WL 5491

Supreme Court of Florida | Filed: Jan 3, 2002 | Docket: 64815188

Published

Statutes (2001), shelter placement hearing; section 39.501(4), Florida Statutes (2001), hearing on petition

Johnson v. Sackett

793 So. 2d 20, 2001 WL 293233

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1677950

Published

the Department file the petition for dependency. § 39.501(3)(a), Fla. Stat. (2000). In addition, the legislature