Florida Statute 39.506 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 39.506

Arrestable Offenses / Crimes under Fla. Stat. 39.506

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.506.

Annotations, Discussions, Cases:

Cases Citing Statute 39.506

Total Results: 20

In Re: Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-07T00:00:00-08:00

Snippet: changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506, 39.521, and 39.801, Florida Statutes, made by

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-29T00:00:00-08:00

Citation: 260 So. 3d 438

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-29T00:00:00-08:00

Citation: 260 So. 3d 438

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-02T00:00:00-08:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-01T00:53:00-07:00

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

J.B., Etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2015-07-09T00:00:00-07:00

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: ); 39.402 (shelter and shelter review hearing); 39.506 (arraignment); 39.507 (dependency adjudicatory

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-21T00:00:00-08:00

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

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

C.S. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-30T00:00:00-07:00

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

Snippet: held that the similar dependency statute, section 39.506(3), Florida Statutes (2008), does not authorize…rights. Identical language is contained in section 39.506(3), construed by the Third District in O.R. In

DG v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-14T00:00:00-08:00

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

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

G.R. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-01T00:00:00-08:00

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

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

In Re TF

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-29T00:53:00-07:00

Citation: 8 So. 3d 474

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-29T00:00:00-07:00

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

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

Or v. DEPT. OF CHILDREN & FAMILY SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:53:00-07:00

Citation: 979 So. 2d 1105

Snippet: be a consent to a dependency adjudication. See § 39.506(3), Fla. Stat. (2006). First, "[f]ailure of…constitutes consent to a dependency adjudication." § 39.506(3), Fla. Stat. (2006); see also Fla. R. Juv. P.…controlling statute, which is our polestar, is subsection 39.506(3), Florida Statutes (2006). The controlling rule…Rule of Juvenile Procedure 8.330(c). Subsection 39.506(3) and rule 8.330(c) state: If a person appears…dependency and termination of parental rights cases. §§ 39.506(3), 39.801(3)(d), Fla. Stat. (2007); Fla. R. Juv

Nl v. Dept. of Children and Family Servs.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:53:00-07:00

Citation: 960 So. 2d 810

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

NICHOLSON-KENNY CAPITAL MGMT. v. Steinberg

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-07T23:53:00-08:00

Citation: 932 So. 2d 321

Snippet: to the interpretation this court made of section 39.506(3), Florida Statutes (2001), in A.J. v. Department… of a default provision such as that in section 39.506(3) is to ensure that the object of the dependency… proceeding." [Citations omitted]. Section 39.506(3) "enables the trial court" to bring

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

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-06T00:00:00-07:00

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

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

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: the following bold warning required by section 39.506(3), Florida Statutes (2003): FAILURE TO PERSONALLY…dependency proceedings. And, as stated in section 39.506(3), “[fjailure of a person served with notice to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-07T00:00:00-08:00

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

Snippet: empowered to enter a default. We recognize that section 39.506(3), Florida Statutes (2002), provides that a failure… disposition hearing within fifteen days. See § 39.506(3), Fla. Stat. (2002); Fla. R. Juv. P. 8.315(a)

In Re BB

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-06T23:53:00-08:00

Citation: 858 So. 2d 1184

In Re IA

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-10T00:53:00-07:00

Citation: 857 So. 2d 310

Snippet: to appear at an arraignment hearing.[2] Section 39.506(3), Florida Statutes (2002), provides in part, …the purpose of the default provision in section 39.506(3), is "not to inject `gotcha' practices