Florida Statute 39.503 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.503

39.503 Identity or location of parent unknown; special procedures.—

(1) If the identity or location of a parent is unknown and a petition for dependency or shelter is filed, the court shall conduct under oath the following inquiry of the parent or legal custodian who is available, or, if no parent or legal custodian is available, of any relative or custodian of the child who is present at the hearing and likely to have any of the following information:

(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.

(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.

(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.

(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.

(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.

(f) Whether a man is named on the birth certificate of the child pursuant to s. 382.013(2).

(g) Whether a man has been determined by a court order to be the father of the child.

(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s. 409.256.

(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.

(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent, the court shall require notice of the hearing to be provided to that person.

(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice.

(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling a disposition hearing regarding the dependency of the child unless the court finds that the best interest of the child requires proceeding without notice to the person whose location is unknown.

(6) The diligent search required by subsection (5) must include, at a minimum, inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies. Pursuant to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.

(7) Any agency contacted by a petitioner with a request for information pursuant to subsection (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.

(8) If the inquiry and diligent search identifies a prospective parent, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department. A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in any termination of parental rights proceeding for the child shall be considered a parent for all purposes under this section unless the other parent contests the determination of parenthood. If the known parent contests the recognition of the prospective parent as a parent, the prospective parent may not be recognized as a parent until proceedings to determine maternity or paternity under chapter 742 have been concluded. However, the prospective parent shall continue to receive notice of hearings as a participant pending results of the chapter 742 proceedings to determine maternity or paternity.

(9) If the diligent search under subsection (5) fails to identify and locate a parent or prospective parent, the court shall so find and may proceed without further notice.

History.—s. 10, ch. 94-164; s. 5, ch. 97-276; s. 64, ch. 98-403; s. 18, ch. 99-2; s. 27, ch. 99-193; s. 21, ch. 2000-139; s. 10, ch. 2008-245; s. 8, ch. 2017-151.

Note.—Former s. 39.4051.

F.S. 39.503 on Google Scholar

F.S. 39.503 on Casetext

Amendments to 39.503

Arrestable Offenses / Crimes under Fla. Stat. 39.503

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.503.

Annotations, Discussions, Cases:

Cases Citing Statute 39.503

Total Results: 17

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-01T00:00:00-07:00

Citation: 162 So. 3d 335, 2015 Fla. App. LEXIS 4764

Snippet: the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). § 39.01(49), Fla. Stat…parent’s status falls within the terms of sections 39.503(1) or 63.062(1). 4 See Heart of Adoptions…his or her parental rights. Neither section 39.503(1) nor section 63.062(1) is applicable to the instant…search within 60 days. 4 . Section 39.503, Florida Statutes (2014), illustrates the proper

In Re Tj

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:53:00-07:00

Citation: 59 So. 3d 1187

Snippet: affidavits of diligent search insufficient under section 39.503, Florida Statutes (2010), as determined by my colleagues…interest" requirement expressed in section 39.503(5)) that T.J. must meet additional search requirements…1), Fla. Stat. (2010) (emphasis added). Section 39.503 provides that where, as here, a parent's whereabouts…child requires proceeding without notice." § 39.503(5), Fla. Stat. (2010). While by definition a diligent…licensed child-placing agency[9], under section 39.503(5), it appears that the court below could direct

In the Interest of T.J.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:00:00-07:00

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

Snippet: satisfy the requirements of Florida Statutes, section 39.503. No. 3D10-1111 District Court of Appeal

L.T. Ex Rel. K.S.L. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-23T00:00:00-08:00

Citation: 48 So. 3d 928, 2010 Fla. App. LEXIS 17984, 2010 WL 4739523

Snippet: process requirements set forth in sections 39.502 and 39.503 of the Florida *931 Statutes (2009). However, DCF

In Re Amendments to Fl. Rules of Juvenile Proc.

Court: Fla. | Date Filed: 2008-09-25T00:53:00-07:00

Citation: 992 So. 2d 242

Snippet: response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida Statutes, made by chapter 2008… Consistent with a requirement added to section 39.503(6), Florida Statutes, form 8.968 is amended to

Justice Administrative Com'n v. Peterson

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-23T00:00:00-07:00

Citation: 989 So. 2d 663

Snippet: the parental status falls within the terms of s. 39.503(1) or 63.062(1).[2] The express language of the…terminate her parental rights. [2] Neither section 39.503(1), relating to identifying and locating an unknown

In Re Adoption of Baby A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:53:00-07:00

Citation: 944 So. 2d 380

Snippet: the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). Thus, A.S. is a "parent…terminate any rights he may have to the child. See §§ 39.503(3), .801(3)(a)(6).[21] *396 If the trial court …termination of his "parental rights." See §§ 39.503(3), .801(3)(a)(6), Fla. Stat. (2004). Under Florida

Bb v. Pjm

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-22T00:53:00-07:00

Citation: 933 So. 2d 57

Snippet: inquiry to discover the parent's identity. See § 39.503, Fla. Stat. If the identity of a parent is discovered… determine the parent's whereabouts. See § 39.503(5), Fla. Stat. Finally, before making a permanency

B.B. v. P.J.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-22T00:00:00-07:00

Citation: 933 So. 2d 57, 2006 Fla. App. LEXIS 8011

Snippet: inquiry to discover the parent’s identity. See § 39.503, Fla. Stat. If the identity of a parent is discovered…search to determine the parent’s whereabouts. See § 39.503(5), Fla. Stat. Finally, before making a permanency

E.K. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-09T00:00:00-07:00

Citation: 874 So. 2d 720, 2004 Fla. App. LEXIS 8019, 2004 WL 1252690

Snippet: conducted an inquiry of the mother pursuant to section 39.503(1) regarding the father’s identity. E.K. received…received notice of the proceedings under section 39.503(3). Section 39.502(7) specifically provides that “…pending results of the chapter 742 proceedings.” § 39.503(8). Paternity actions pursuant to chapter 742,

In Re JDC

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-28T00:53:00-07:00

Citation: 819 So. 2d 264

Snippet: and WHATLEY, J., Concur. NOTES [1] Under section 39.503, Florida Statutes (2000), the Department is required…diligent search for a prospective parent. See § 39.503(5), (6). [2] We note that the trial court also

In Re TB

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-28T00:53:00-07:00

Citation: 819 So. 2d 270

Snippet: C.J., and WHATLEY, J., Concur. NOTES [1] See § 39.503(5),(6), Fla. Stat. (1997). [2] Section 39.806(

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

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-28T00:00:00-07:00

Citation: 819 So. 2d 264, 2002 Fla. App. LEXIS 9191

Snippet: C.J., and WHATLEY, J., Concur. . Under section 39.503, Florida Statutes (2000), the Department is required…diligent search for a prospective parent. See § 39.503(5), (6). . We note that the trial court also

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

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-28T00:00:00-07:00

Citation: 819 So. 2d 270, 2002 Fla. App. LEXIS 9167

Snippet: . BLUE, C.J., and WHATLEY, J., Concur. . See § 39.503(5),(6), Fla. Stat. (1997). . Section 39.806(l

What an Idea, Inc. v. Sitko

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-17T23:53:00-08:00

Citation: 505 So. 2d 497

Snippet: the State of Florida and the average Workers&#39; *503 Compensation case for which a standardized fee

Plaza Builders, Inc. v. Regis

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-29T23:53:00-08:00

Citation: 502 So. 2d 918

Snippet: contractor's license. Regis claimed it cost him $39,503.00 to complete the contracted for work and sought

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-12-26T23:53:00-08:00

Citation: 379 So. 2d 372

Snippet: such testimony were for the jury to determine.&#39; (503 F.2d at 509.)" The Court of Appeals of Oregon