Florida Statute 39.506 - 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. 39.506

39.506 Arraignment hearings.—

(1) When a child has been sheltered by order of the court, an arraignment hearing must be held no later than 28 days after the shelter hearing, or within 7 days after the date of filing of the dependency petition if a demand for early filing has been made by any party, for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition. If the parent or legal custodian admits or consents to the findings in the petition, the court shall conduct a disposition hearing within 15 days after the arraignment hearing. However, if the parent or legal custodian denies any of the allegations of the petition, the court shall hold an adjudicatory hearing within 30 days after the date of the arraignment hearing unless a continuance is granted pursuant to this chapter.

(2) When a child is in the custody of the parent or legal custodian, upon the filing of a petition the clerk shall set a date for an arraignment hearing within a reasonable time after the date of the filing. If the parent or legal custodian admits or consents to an adjudication, the court shall conduct a disposition hearing within 15 days after the arraignment hearing. However, if the parent or legal custodian denies any of the allegations of dependency, the court shall hold an adjudicatory hearing within 30 days after the date of the arraignment hearing.

(3) Failure of a person served with notice to appear at the arraignment hearing constitutes the person’s consent to a dependency adjudication. The document containing the notice to respond or appear must contain, in type at least as large as the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR CHILDREN).” If a person appears for the arraignment hearing and the court orders that person to appear, either physically or through audio-video communication technology, at the adjudicatory hearing for dependency, stating the date, time, place, and, if applicable, the instructions for appearance through audio-video communication technology, of the adjudicatory hearing, then that person’s failure to appear for the scheduled adjudicatory hearing constitutes consent to a dependency adjudication.

(4) At the arraignment hearing, each party shall provide to the court a permanent mailing address and a primary e-mail address. The court shall advise each party that these addresses will be used by the court and the petitioner for notice purposes unless and until the party notifies the court and the petitioner in writing of a new mailing or e-mail address. The court may excuse a party from the requirement to provide an e-mail address for good cause shown. The court must excuse a party who is incarcerated and not represented by an attorney from the requirement to provide an e-mail address.

(5) If at the arraignment hearing the parent or legal custodian consents or admits to the allegations in the petition, the court shall proceed to hold a disposition hearing no more than 15 days after the date of the arraignment hearing unless a continuance is necessary.

(6) At any arraignment hearing, if the child is in an out-of-home placement, the court shall order visitation rights absent a clear and convincing showing that visitation is not in the best interest of the child. Any order for visitation or other contact must conform to the provisions of s. 39.0139.

(7) The court shall review whether the department has made a reasonable effort to prevent or eliminate the need for removal or continued removal of the child from the home. If the court determines that the department has not made such an effort, the court shall order the department to provide appropriate and available services to assure the protection of the child in the home when such services are necessary for the child’s physical, mental, or emotional health and safety.

(8) At the arraignment hearing, the court shall review the necessity for the child’s continued placement in the shelter. The court shall also make a written determination regarding the child’s continued placement in shelter within 24 hours after any violation of the time requirements for the filing of a petition or prior to the court’s granting any continuance as specified in subsection (5).

(9) At the conclusion of the arraignment hearing, all parties and the relatives who are providing out-of-home care for the child shall be notified in writing by the court of the date, time, and location for the next scheduled hearing.

History.—s. 9, ch. 84-311; s. 12, ch. 94-164; s. 10, ch. 98-280; s. 67, ch. 98-403; s. 29, ch. 99-193; s. 3, ch. 2002-216; s. 3, ch. 2007-109; s. 9, ch. 2009-43; s. 5, ch. 2023-302.

Note.—Former s. 39.408(1).

F.S. 39.506 on Google Scholar

F.S. 39.506 on CourtListener

Amendments to 39.506

Annotations, Discussions, Cases:

Cases Citing Statute 39.506

Total Results: 24

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

to an adjudication of dependency pursuant to section 39.506(3), Florida Statutes (1997), which states:

AJ v. Department of Children and Families

845 So. 2d 973, 2003 WL 21180370

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1432446

Cited 7 times | Published

consent to a dependency adjudication pursuant to section 39.506(3), Florida Statutes (2001) and Florida Rule

NICHOLSON-KENNY CAPITAL MGMT. v. Steinberg

932 So. 2d 321, 2006 WL 436036

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1684738

Cited 4 times | Published

this to the interpretation this court made of section 39.506(3), Florida Statutes (2001), in A.J. v. Department

Bb v. Dept. of Children & Family

731 So. 2d 30, 1999 WL 123590

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1408594

Cited 4 times | Published

from the family and placed in a shelter."[5] Section 39.506(1), Florida Statutes (Supp.1998), states that

In Re IA

857 So. 2d 310, 2003 WL 22316864

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 1737363

Cited 3 times | Published

fails to appear at an arraignment hearing.[2] Section 39.506(3), Florida Statutes (2002), provides in part

Nl v. Dept. of Children and Family Servs.

960 So. 2d 810, 2007 Fla. App. LEXIS 10018, 2007 WL 1827244

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1726136

Cited 2 times | Published

filing hearing. See Fla. R. Juv. P. 8.225(c)(1); § 39.506(3), Fla. Stat. (2006). The trial court's entry

Department of Children And Families and A.H., a child v. T.S., the Mother and R.H., the Father

154 So. 3d 1223, 2015 Fla. App. LEXIS 696

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626286

Cited 1 times | Published

findings of dependency alleged in the petition.” § 39.506(l)-(2), Fla. Stat. (2014). Depending on the parents’

DG v. Department of Children and Families

80 So. 3d 1063, 2012 WL 511450, 2012 Fla. App. LEXIS 2448

District Court of Appeal of Florida | Filed: Feb 14, 2012 | Docket: 2413355

Cited 1 times | Published

had consented to the dependency pursuant to section 39.506(3), Florida Statutes (2011). The court rescheduled

T.L.D. v. Department of Children & Family Services

883 So. 2d 910, 2004 Fla. App. LEXIS 14636

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833114

Cited 1 times | Published

holding is limited to those consents implied by section 39.506(3), Florida Statutes (2002) (involving dependency)

In Re BB

858 So. 2d 1184, 2003 WL 22518060

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 460765

Cited 1 times | Published

empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that

SB v. Department of Children and Families

825 So. 2d 1057, 2002 Fla. App. LEXIS 13455, 2002 WL 31059812

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1312052

Cited 1 times | Published

proceeded as though S.B. had consented pursuant to section 39.506(3), Florida Statutes, which states: Failure

MT v. Department of Children and Families

816 So. 2d 227, 2002 WL 939570

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 43528

Cited 1 times | Published

standards, however, are not jurisdictional. Section 39.506(1), Florida Statutes, applicable to dependency

Dep't of Children & Families v. B.Y.

260 So. 3d 438

District Court of Appeal of Florida | Filed: Nov 29, 2018 | Docket: 64699763

Published

of dependency as alleged in the petition. See § 39.506(1) - (2), Fla. Stat. (2018). Depending on the

Dep't of Children & Families v. B.Y.

260 So. 3d 438

District Court of Appeal of Florida | Filed: Nov 29, 2018 | Docket: 64699765

Published

of dependency as alleged in the petition. See § 39.506(1) - (2), Fla. Stat. (2018). Depending on the

S. G. Mother of K. H., Minor Child v. Florida Department of Children and Families

176 So. 3d 1026, 2015 Fla. App. LEXIS 16375

District Court of Appeal of Florida | Filed: Nov 2, 2015 | Docket: 3009257

Published

findings of dependency alleged in the petition.’ § 39.506(1) — (2), Fla. Stat. (2014). Depending on the

S. G. Mother of K. H., Minor Child v. Florida Department of Children and Families

District Court of Appeal of Florida | Filed: Nov 1, 2015 | Docket: 3008953

Published

findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat. (2014). Depending on the parents’

C.S. v. Department of Children & Families

124 So. 3d 978, 2013 Fla. App. LEXIS 17211, 2013 WL 5807398

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60235604

Published

District held that the similar dependency statute, section 39.506(3), Florida Statutes (2008), does not authorize

G.R. v. Department of Children & Families

77 So. 3d 926, 2012 WL 280244, 2012 Fla. App. LEXIS 1345

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60304858

Published

hearing absent proper notice in accordance with section 39.506(3), Florida Statutes (2011), and Florida Rule

T.F. v. Department of Children & Family Services & Guardian ad Litem Program

8 So. 3d 474, 2009 Fla. App. LEXIS 3827

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 60305491

Published

adjudicatory hearing pursuant to section 39.507. See § 39.506(2). Yet, an adjudicatory hearing was not held

In Re TF

8 So. 3d 474, 2009 WL 1139239

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1654481

Published

adjudicatory hearing pursuant to section 39.507. See § 39.506(2). Yet, an adjudicatory hearing was not held

Or v. DEPT. OF CHILDREN & FAMILY SERVICES

979 So. 2d 1105

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1406738

Published

be a consent to a dependency adjudication. See § 39.506(3), Fla. Stat. (2006). First, "[f]ailure of a

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

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

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830953

Published

contained the following bold warning required by section 39.506(3), Florida Statutes (2003): FAILURE TO PERSONALLY

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

858 So. 2d 1184, 2003 Fla. App. LEXIS 16962

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 64826402

Published

empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that

G.A. v. Department of Children & Family Services

857 So. 2d 310, 2003 Fla. App. LEXIS 15216

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64825882

Published

fails to appear at an arraignment hearing.2 Section 39.506(3), Florida Statutes (2002), provides in part