Florida Statutes

Fla. Stat. § 39.501 (2025)

Petition for dependency.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 44 cases (1 in the last 5 years), 2001–2023 · leading case: BC v. Dep't of Child. & Families, 864 So. 2d 486 (Fla. 5th DCA 2004).

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BC v. Dep't of Child. & Families, 864 So. 2d 486 (Fla. 5th DCA 2004). · cites it 5× “The statute now in effect, section 39.501, Florida Statutes (2003), contains the same language.”

SB v. Dep't of Child. & Families, 851 So. 2d 689 (Fla. 2003). · cites it 2× “See § 39.501(2), Fla. Stat. (2001) ("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.”

Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002). · cites it 2× “Fla. Stat. Ann. § 39.501 (2001). This statute speaks of "proceedings seeking an adjudication that a child is dependent.”

O.I.C.L., a Minor Child v. Florida Dep't of Child. & Families, 205 So. 3d 575 (Fla. 2016). · cites it 3× “” § 39.501(1), Fla. - 11 - Stat. (emphasis added).”

S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “401), the adjudication of dependency (section 39.501), the case plan (section 39.”

In the Interest of: B.R.C.M., A Minor Child v. Florida Dep't of Child. & Families, 215 So. 3d 1219 (Fla. 2017). · cites it 4× “” § 39.501(1), Fla. Stat. (2014). See Fla. R.”

In the Interest of Y v. a Minor Child, 160 So. 3d 576 (Fla. 1st DCA 2015). · cites it 2× “See § 39.501(3)(b), Fla. Stat. (2013) (requiring the form and contents of the petition to be set out by rule).”

San Francisco Human Servs. Agency v. Felicia C., 199 Cal. App. 4th 784 (Cal. Ct. App. 2011). “10, *816 § 1003 ; Fla. Stat. § 39.501 ; 705 111. Comp. Stat.”

State, Dept. of Child. & Fam. Servs. v. LG, 801 So. 2d 1047 (Fla. 1st DCA 2001). · cites it 2× “*1049 The Department subsequently filed a dependency petition under section 39.501, Florida Statutes (2000). Mother and father thereafter consenting, the circuit court entered an order adjudicating the child dependent.”

In the Interest Of: B.R.C.M., 182 So. 3d 749 (Fla. 3d DCA 2015). · cites it 2× “051(51) of the Florida Statutes makes it a party to every private dependency 3 the dependency provisions of Chapter 39 of the Florida Statutes, §§ 39.501-39.510, Fla. Stat. (2015), is not to facilitate the pursuit of Special Juvenile Immigrant Status, but rather to provide…”

D. Child. v. Child. & Fam. Serv., 820 So. 2d 980 (Fla. 4th DCA 2002). · cites it 2× “" § 39.501(2), Fla. Stat. The court's discretion is "very broad with respect to proceedings involving child welfare.”

Florida Dep't of Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012). · cites it 2× “See § 39.501(1), Fla. Stat. (2010). Reliance on that language to support the order below, however, just makes no sense.”

Show all 44 citing cases →

— 39.501(1) — 9 cases

O.I.C.L., a Minor Child v. Florida Dep't of Child. & Families, 205 So. 3d 575 (Fla. 2016). “” § 39.501(1), Fla. - 11 - Stat. (emphasis added).”

In the Interest of: B.R.C.M., A Minor Child v. Florida Dep't of Child. & Families, 215 So. 3d 1219 (Fla. 2017). “” § 39.501(1), Fla. Stat. (2014). See Fla. R.”

Florida Dep't of Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012). “See § 39.501(1), Fla. Stat. (2010). Reliance on that language to support the order below, however, just makes no sense.”

R.J., a child v. Florida Dep't of Child. & Families, 187 So. 3d 362 (Fla. 4th DCA 2016).

In the Interest of T.J., 59 So. 3d 1187 (Fla. 3d DCA 2011).

— 39.501(2) — 15 cases

SB v. Dep't of Child. & Families, 851 So. 2d 689 (Fla. 2003). “See § 39.501(2), Fla. Stat. (2001) ("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.”

D. Child. v. Child. & Fam. Serv., 820 So. 2d 980 (Fla. 4th DCA 2002). “" § 39.501(2), Fla. Stat. The court's discretion is "very broad with respect to proceedings involving child welfare.”

Mw v. Dep't of Child. & Fam. Serv., 881 So. 2d 734 (Fla. 3d DCA 2004).

Ab v. Dept. of Child. & Families, 834 So. 2d 350 (Fla. 4th DCA 2003).

SK v. Dep't of Child. & Families, 959 So. 2d 1209 (Fla. 4th DCA 2007).

— 39.501(3)(a) — 1 case

Johnson v. Sackett, 793 So. 2d 20 (Fla. 2d DCA 2001).

— 39.501(3)(b) — 2 cases

BC v. Dep't of Child. & Families, 864 So. 2d 486 (Fla. 5th DCA 2004). “The statute now in effect, section 39.501, Florida Statutes (2003), contains the same language.”

In the Interest of Y v. a Minor Child, 160 So. 3d 576 (Fla. 1st DCA 2015). “See § 39.501(3)(b), Fla. Stat. (2013) (requiring the form and contents of the petition to be set out by rule).”

— 39.501(3)(c) — 4 cases

C.L.R. v. Dep't of Child. & Families, 913 So. 2d 764 (Fla. 5th DCA 2005).

W.G. v. S.A., 40 So. 3d 908 (Fla. 3d DCA 2010).

Clr v. Dcf, 913 So. 2d 764 (Fla. 5th DCA 2005).

In Re Ag, 40 So. 3d 908 (Fla. 3d DCA 2010).

— 39.501(3)(d) — 2 cases

In Re Amendments to the Florida Rules of Juv. Procedure, 158 So. 3d 523 (Fla. 2015).

In Re: Amendments to the Florida Rules of Juv. Procedure – Corrected Opinion (Fla. 2015).

— 39.501(4) — 1 case

Amendments to Florida Rules of Juv. Procedure 8.135 & 8.510, 816 So. 2d 536 (Fla. 2002).

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