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The 2025 Florida Statutes
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F.S. 39.52139.521 Disposition hearings; powers of disposition.—(1) A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted.(a) A written case plan and a family functioning assessment prepared by an authorized agent of the department must be approved by the court. The department must file the case plan and the family functioning assessment with the court, serve copies on the parents of the child, and provide copies to all other parties:1. Not less than 72 hours before the disposition hearing, if the disposition hearing occurs on or after the 60th day after the date the child was placed in out-of-home care. All such case plans must be approved by the court. 2. Not less than 72 hours before the case plan acceptance hearing, if the disposition hearing occurs before the 60th day after the date the child was placed in out-of-home care and a case plan has not been submitted pursuant to this paragraph, or if the court does not approve the case plan at the disposition hearing. The case plan acceptance hearing must occur within 30 days after the disposition hearing to review and approve the case plan. (b) The court may grant an exception to the requirement for a family functioning assessment by separate order or within the judge’s order of disposition upon finding that all the family and child information required by subsection (2) is available in other documents filed with the court. (c) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power by order to:1. Require the parent and, when appropriate, the legal guardian or the child to participate in treatment and services identified as necessary. The court may require the person who has custody or who is requesting custody of the child to submit to a mental health or substance abuse disorder assessment or evaluation. The order may be made only upon good cause shown and pursuant to notice and procedural requirements provided under the Florida Rules of Juvenile Procedure. The mental health assessment or evaluation must be administered by a qualified professional as defined in s. 39.01, and the substance abuse assessment or evaluation must be administered by a qualified professional as defined in s. 397.311. The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a mental health court program established under chapter 394 or a treatment-based drug court program established under s. 397.334. Adjudication of a child as dependent based upon evidence of harm as defined in s. 39.01(37)(g) demonstrates good cause, and the court shall require the parent whose actions caused the harm to submit to a substance abuse disorder assessment or evaluation and to participate and comply with treatment and services identified in the assessment or evaluation as being necessary. In addition to supervision by the department, the court, including the mental health court program or the treatment-based drug court program, may oversee the progress and compliance with treatment by a person who has custody or is requesting custody of the child. The court may impose appropriate available sanctions for noncompliance upon a person who has custody or is requesting custody of the child or make a finding of noncompliance for consideration in determining whether an alternative placement of the child is in the child’s best interests. Any order entered under this subparagraph may be made only upon good cause shown. This subparagraph does not authorize placement of a child with a person seeking custody of the child, other than the child’s parent or legal custodian, who requires mental health or substance abuse disorder treatment. 2. Require, if the court deems necessary, the parties to participate in dependency mediation. 3. Require placement of the child either under the protective supervision of an authorized agent of the department in the home of one or both of the child’s parents or in the home of a relative of the child or another adult approved by the court, or in the custody of the department. Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first. Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed. The termination of supervision may be with or without retaining jurisdiction, at the court’s discretion, and shall in either case be considered a permanency option for the child. The order terminating supervision by the department must set forth the powers of the custodian of the child and include the powers ordinarily granted to a guardian of the person of a minor unless otherwise specified. Upon the court’s termination of supervision by the department, further judicial reviews are not required if permanency has been established for the child. 4. Determine whether the child has a strong attachment to the prospective permanent guardian and whether such guardian has a strong commitment to permanently caring for the child. (d) At the conclusion of the disposition hearing, the court shall schedule the initial judicial review hearing which must be held no later than 90 days after the date of the disposition hearing or after the date of the hearing at which the court approves the case plan, whichever occurs earlier, but in no event shall the review hearing be held later than 6 months after the date of the child’s removal from the home. (e) The court shall, in its written order of disposition, include all of the following:1. The placement or custody of the child. 2. Special conditions of placement and visitation. 3. Evaluation, counseling, treatment activities, and other actions to be taken by the parties, if ordered. 4. The persons or entities responsible for supervising or monitoring services to the child and parent. 5. Continuation or discharge of the guardian ad litem, as appropriate. 6. The date, time, and location of the next scheduled review hearing and, if applicable, instructions for appearance through audio or audio-video communication technology, which must occur within the earlier of:a. Ninety days after the disposition hearing; b. Ninety days after the court accepts the case plan; c. Six months after the date of the last review hearing; or d. Six months after the date of the child’s removal from his or her home, if no review hearing has been held since the child’s removal from the home. 7. If the child is in an out-of-home placement, child support to be paid by the parents, or the guardian of the child’s estate if possessed of assets which under law may be disbursed for the care, support, and maintenance of the child. The court may exercise jurisdiction over all child support matters, shall adjudicate the financial obligation, including health insurance, of the child’s parents or guardian, and shall enforce the financial obligation as provided in chapter 61. The state’s child support enforcement agency shall enforce child support orders under this section in the same manner as child support orders under chapter 61. Placement of the child is not contingent upon issuance of a support order. 8.a. If the court does not commit the child to the temporary legal custody of an adult relative, legal custodian, or other adult approved by the court, the disposition order must include the reasons for such a decision and include a determination as to whether diligent efforts were made by the department to locate an adult relative, legal custodian, or other adult willing to care for the child in order to present that placement option to the court instead of placement with the department. b. If a suitable relative is not found and the child is placed with the department or a legal custodian or other adult approved by the court, both the department and the court must consider transferring temporary legal custody to an adult relative approved by the court at a later date, but neither the department nor the court is obligated to so place the child if it is in the child’s best interest to remain in the current placement. For the purposes of this section, “diligent efforts to locate an adult relative” means a search similar to the diligent search for a parent, but without the continuing obligation to search after an initial adequate search is completed. 9. Other requirements necessary to protect the health, safety, and well-being of the child, to preserve the stability of the child’s child care, early education program, or any other educational placement, and to promote family preservation or reunification whenever possible. (f) If the court finds that an in-home safety plan prepared or approved by the department will allow the child to remain safely at home or that conditions for return have been met and an in-home safety plan prepared or approved by the department will allow the child to be safely returned to the home, the court shall allow the child to remain in or return to the home after making a specific finding of fact that the child’s safety, well-being, and physical, mental, and emotional health will not be endangered. (g) If the court places the child in an out-of-home placement, the disposition order must include a written determination that the child cannot safely remain at home with an in-home safety plan and that removal of the child is necessary to protect the child. If the child is removed before the disposition hearing, the order must also include a written determination as to whether, after removal, the department made a reasonable effort to reunify the parent and child. Reasonable efforts to reunify are not required if the court finds that any of the acts listed in s. 39.806(1)(f)-(l) have occurred. The department has the burden of demonstrating that it made reasonable efforts.1. For the purposes of this paragraph, the term “reasonable effort” means the exercise of reasonable diligence and care by the department to provide the services ordered by the court or delineated in the case plan. 2. In support of its determination as to whether reasonable efforts have been made, the court shall:a. Enter written findings as to whether an in-home safety plan could have prevented removal. b. If an in-home safety plan was indicated, include a brief written description of what appropriate and available safety management services were initiated. c. Indicate in writing why further efforts could or could not have prevented or shortened the separation of the parent and child. 3. A court may find that the department made a reasonable effort to prevent or eliminate the need for removal if:a. The first contact of the department with the family occurs during an emergency; b. The department’s assessment of the home situation indicates a substantial and immediate danger to the child’s safety or physical, mental, or emotional health which cannot be mitigated by the provision of safety management services; c. The child cannot safely remain at home, because there are no safety management services that can ensure the health and safety of the child or, even with appropriate and available services being provided, the health and safety of the child cannot be ensured; or d. The parent is alleged to have committed any of the acts listed as grounds for expedited termination of parental rights under s. 39.806(1)(f)-(l). 4. A reasonable effort by the department for reunification has been made if the appraisal of the home situation by the department indicates that the severity of the conditions of dependency is such that reunification efforts are inappropriate. The department has the burden of demonstrating to the court that reunification efforts were inappropriate. 5. If the court finds that the provision of safety management services by the department would not have permitted the child to remain safely at home, the court may commit the child to the temporary legal custody of the department or take any other action authorized by this chapter. (2) The family functioning assessment must provide the court with the following documented information:(a) Evidence of maltreatment and the circumstances accompanying the maltreatment. (b) Identification of all danger threats active in the home. (c) An assessment of the adult functioning of the parents. (d) An assessment of the parents’ general parenting practices and the parents’ disciplinary approach and behavior management methods. (e) An assessment of the parents’ behavioral, emotional, and cognitive protective capacities. (f) An assessment of child functioning. (g) A safety analysis describing the capacity for an in-home safety plan to control the conditions that result in the child being unsafe and the specific actions necessary to keep the child safe. (h) Identification of the conditions for return which would allow the child to be placed safely back into the home with an in-home safety plan and any safety management services necessary to ensure the child’s safety. (i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. (j) Child welfare history from the department’s Statewide Automated Child Welfare Information System (SACWIS) and criminal records check for all caregivers, family members, and individuals residing within the household from which the child was removed. (k) The complete report and recommendation of the Child Protection Team of the Department of Health or, if no report exists, a statement reflecting that no report has been made. (l) All opinions or recommendations from other professionals or agencies that provide evaluative, social, reunification, or other services to the parent and child. (m) A listing of appropriate and available safety management services for the parent and child to prevent the removal of the child from the home or to reunify the child with the parent after removal, and an explanation of the following:1. If the services were or were not provided. 2. If the services were provided, the outcome of the services. 3. If the services were not provided, why they were not provided. 4. If the services are currently being provided and if they need to be continued. (n) If the child has been removed from the home and there is a parent who may be considered for custody pursuant to this section, a recommendation as to whether placement of the child with that parent would be detrimental to the child. (o) If the child has been removed from the home and will be remaining with a relative, parent, or other adult approved by the court, a home study report concerning the proposed placement shall be provided to the court. Before recommending to the court any out-of-home placement for a child other than placement in a licensed shelter or foster home, the department shall conduct a study of the home of the proposed legal custodians, which must include, at a minimum:1. An interview with the proposed legal custodians to assess their ongoing commitment and ability to care for the child. 2. Records checks through the State Automated Child Welfare Information System (SACWIS), and local and statewide criminal and juvenile records checks through the Department of Law Enforcement, on all household members 12 years of age or older. In addition, the fingerprints of any household members who are 18 years of age or older may be submitted to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information. The department has the discretion to request State Automated Child Welfare Information System (SACWIS) and local, statewide, and national criminal history checks and fingerprinting of any other visitor to the home who is made known to the department. Out-of-state criminal records checks must be initiated for any individual who has resided in a state other than Florida if that state’s laws allow the release of these records. The out-of-state criminal records must be filed with the court within 5 days after receipt by the department or its agent. 3. An assessment of the physical environment of the home. 4. A determination of the financial security of the proposed legal custodians. 5. A determination of suitable child care arrangements if the proposed legal custodians are employed outside of the home. 6. Documentation of counseling and information provided to the proposed legal custodians regarding the dependency process and possible outcomes. 7. Documentation that information regarding support services available in the community has been provided to the proposed legal custodians. 8. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. The department may not place the child or continue the placement of the child in a home under shelter or postdisposition placement if the results of the home study are unfavorable, unless the court finds that this placement is in the child’s best interest. (p) If the child has been removed from the home, a determination of the amount of child support each parent will be required to pay pursuant to s. 61.30. Any other relevant and material evidence, including other written or oral reports, may be received by the court in its effort to determine the action to be taken with regard to the child and may be relied upon to the extent of its probative value, even though not competent in an adjudicatory hearing. Except as otherwise specifically provided, nothing in this section prohibits the publication of proceedings in a hearing. (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows:(a) If the court determines that the child can safely remain in the home with the parent with whom the child was residing at the time the events or conditions arose that brought the child within the jurisdiction of the court and that remaining in this home is in the best interest of the child, then the court shall order conditions under which the child may remain or return to the home and that this placement be under the protective supervision of the department for not less than 6 months. (b) If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court who desires to assume custody of the child, the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child. Any party with knowledge of the facts may present to the court evidence regarding whether the placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. If the court places the child with such parent, it may do either of the following:1. Order that the parent assume sole custodial responsibilities for the child. The court may also provide for reasonable visitation by the noncustodial parent. The court may then terminate its jurisdiction over the child. 2. Order that the parent assume custody subject to the jurisdiction of the circuit court hearing dependency matters. The court may order that reunification services be provided to the parent from whom the child has been removed, that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court jurisdiction, or that services be provided to both parents, in which case the court shall determine at every review hearing which parent, if either, shall have custody of the child. The standard for changing custody of the child from one parent to another or to a relative or another adult approved by the court shall be the best interest of the child. (c) If no fit parent is willing or available to assume care and custody of the child, place the child in the temporary legal custody of an adult relative, the adoptive parent of the child’s sibling, or another adult approved by the court who is willing to care for the child, under the protective supervision of the department. The department must supervise this placement until the child reaches permanency status in this home, and in no case for a period of less than 6 months. Permanency in a relative placement shall be by adoption, long-term custody, or guardianship. (d) If the child cannot be safely placed in a nonlicensed placement, the court shall commit the child to the temporary legal custody of the department. Such commitment invests in the department all rights and responsibilities of a legal custodian. The department shall not return any child to the physical care and custody of the person from whom the child was removed, except for court-approved visitation periods, without the approval of the court. Any order for visitation or other contact must conform to the provisions of s. 39.0139. The term of such commitment continues until terminated by the court or until the child reaches the age of 18. After the child is committed to the temporary legal custody of the department, all further proceedings under this section are governed by this chapter. Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first. Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed. The termination of supervision may be with or without retaining jurisdiction, at the court’s discretion, and shall in either case be considered a permanency option for the child. The order terminating supervision by the department shall set forth the powers of the custodian of the child and shall include the powers ordinarily granted to a guardian of the person of a minor unless otherwise specified. Upon the court’s termination of supervision by the department, no further judicial reviews are required, so long as permanency has been established for the child. (4) An agency granted legal custody shall have the right to determine where and with whom the child shall live, but an individual granted legal custody shall exercise all rights and duties personally unless otherwise ordered by the court. (5) In carrying out the provisions of this chapter, the court may order the parents and legal custodians of a child who is found to be dependent to participate in family counseling and other professional counseling activities deemed necessary for the rehabilitation of the parent or child. (6) With respect to a child who is the subject in proceedings under this chapter, the court may issue to the department an order to show cause why it should not return the child to the custody of the parents upon the presentation of evidence that the conditions for return of the child have been met. (7) The court may enter an order ending its jurisdiction over a child when a child has been returned to the parents, provided the court shall not terminate its jurisdiction or the department’s supervision over the child until 6 months after the child’s return. The department shall supervise the placement of the child after reunification for at least 6 months with each parent or legal custodian from whom the child was removed. The court shall determine whether its jurisdiction should be continued or terminated in such a case based on a report of the department or agency or the child’s guardian ad litem, and any other relevant factors; if its jurisdiction is to be terminated, the court shall enter an order to that effect. History.—s. 20, ch. 78-414; s. 14, ch. 79-164; s. 2, ch. 80-102; s. 15, ch. 80-290; s. 11, ch. 83-217; ss. 9, 10, ch. 84-311; s. 6, ch. 85-80; s. 83, ch. 86-220; s. 8, ch. 87-289; s. 13, ch. 87-397; s. 30, ch. 88-337; s. 1, ch. 90-182; s. 2, ch. 90-211; ss. 7, 8, ch. 90-306; s. 71, ch. 91-45; s. 2, ch. 91-183; s. 5, ch. 92-158; s. 7, ch. 92-170; ss. 12, 13, ch. 94-164; s. 62, ch. 95-228; s. 4, ch. 97-96; s. 8, ch. 97-101; s. 9, ch. 97-276; s. 6, ch. 98-137; s. 11, ch. 98-280; s. 69, ch. 98-403; s. 31, ch. 99-193; s. 23, ch. 2000-139; s. 3, ch. 2001-68; s. 1, ch. 2002-219; s. 5, ch. 2005-239; s. 13, ch. 2006-86; s. 5, ch. 2006-97; s. 5, ch. 2007-109; s. 13, ch. 2008-245; s. 10, ch. 2012-178; s. 3, ch. 2016-127; s. 84, ch. 2016-241; s. 12, ch. 2017-151; s. 4, ch. 2018-103; s. 4, ch. 2018-108; s. 24, ch. 2019-3; s. 5, ch. 2019-128; s. 6, ch. 2021-51; s. 6, ch. 2023-302; s. 51, ch. 2024-70. Note.—Former ss. 39.408(3), (4), 39.41; s. 39.508.
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Annotations, Discussions, Cases:
Cases Citing Statute 39.521
Total Results: 98
329 F.3d 1255, 2003 U.S. App. LEXIS 8745, 2003 WL 21027240
Court of Appeals for the Eleventh Circuit | Filed: May 8, 2003 | Docket: 397653
Cited 289 times | Published
before the disposition hearing.
Id.
§ 39.521(l)(a).
The case plan is a document that “follows
838 So. 2d 583, 2003 WL 69505
District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 1513745
Cited 16 times | Published
jurisdiction would not be exercised pursuant to Florida Statute 39.521(3)(b)1 because of a 1994 Massachusetts
864 So. 2d 486, 2004 WL 19508
District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1425726
Cited 14 times | Published
adjudicated dependent as to the father.
Lastly, section 39.521, Florida Statutes (2003), provides the procedure
829 So. 2d 359, 2002 WL 31431796
District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 1454225
Cited 7 times | Published
trial court ordered dependency mediation. See § 39.521(1)(b)2., Fla. Stat. (2000) (authorizing the court
979 So. 2d 363, 2008 WL 1734531
District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1714507
Cited 6 times | Published
treatment and services identified as necessary." § 39.521(1)(b)(1), Fla. Stat. (2006). Certainly, any such
855 So. 2d 175, 2003 WL 22055879
District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1505483
Cited 6 times | Published
Servs., 529 So.2d 1156 (Fla. 1st DCA 1988). Section 39.521 of the Florida Statutes (2001) also provides
958 So. 2d 968, 2007 WL 1450735
District Court of Appeal of Florida | Filed: May 14, 2007 | Docket: 1414194
Cited 5 times | Published
quite unclear.
Section 39.521(3)(b), Florida Statutes (2006), provides:
Section 39.521, Disposition hearings;
19 So. 3d 1029, 2009 Fla. App. LEXIS 13780, 2009 WL 2970412
District Court of Appeal of Florida | Filed: Sep 15, 2009 | Docket: 1161757
Cited 4 times | Published
disposition in this case, rendered pursuant to section 39.521, Florida Statutes, is a final order, notwithstanding
19 So. 3d 381, 2009 WL 1606545
District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1164706
Cited 4 times | Published
is the subject of a dependency proceeding. See § 39.521. We do not rule out the possibility that a grandparent
995 So. 2d 1083, 2008 Fla. App. LEXIS 19287, 2008 WL 4952580
District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1684356
Cited 4 times | Published
39.522(1), Fla. Stat. (2008). In addition, section 39.521(1)(d)8.b., Florida Statutes, expressly provides
978 So. 2d 211, 2008 WL 783291
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1508774
Cited 4 times | Published
Appellee T.W. ("the Father"), pursuant to section 39.521(3)(b), Florida Statutes (2006). Because we
946 So. 2d 1214, 2006 WL 3821847
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1771119
Cited 4 times | Published
decision in accordance with the requirements of section 39.521(3)(b), Florida Statutes (2005), which governs
903 So. 2d 1042, 2005 WL 1412091
District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 373371
Cited 4 times | Published
minor child to the child's father pursuant to section 39.521(3)(b), Florida Statutes (2005). At the time
868 So. 2d 1227
District Court of Appeal of Florida | Filed: Mar 22, 2004 | Docket: 451878
Cited 4 times | Published
of jurisdiction at the court's discretion. See § 39.521(1)(b)(3), Fla. Stat. (2002) ("Protective supervision
847 So. 2d 487
District Court of Appeal of Florida | Filed: Sep 23, 2002 | Docket: 1290191
Cited 4 times | Published
*493 where and with whom the child shall live." § 39.521(4), Fla. Stat. (2000). It was pursuant to this
807 So. 2d 200, 2002 Fla. App. LEXIS 1795, 2002 WL 237669
District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1505394
Cited 4 times | Published
with a goal of reunification with the mother. Section 39.521(3)(b)2, Florida Statutes (2000), states:
(3)
203 So. 3d 952, 2016 Fla. App. LEXIS 14623
District Court of Appeal of Florida | Filed: Sep 27, 2016 | Docket: 60257477
Cited 3 times | Published
with the father in Massachusetts pursuant to section 39.521(3)(b)l., Florida Statutes (2015).2
*954At the
4 So. 3d 719, 2009 Fla. App. LEXIS 3516, 2009 WL 482280
District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 1666287
Cited 3 times | Published
require the father to complete a case plan. Section 39.521(1)(b)(1) specifically provides that when a
854 So. 2d 819, 2003 Fla. App. LEXIS 13982, 2003 WL 22136255
District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1459985
Cited 3 times | Published
pursuant to this chapter. (emphasis added).
Section 39.521(2)(r) provides the home study criteria required
854 So. 2d 819, 2003 Fla. App. LEXIS 13982, 2003 WL 22136255
District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1459985
Cited 3 times | Published
pursuant to this chapter. (emphasis added).
Section 39.521(2)(r) provides the home study criteria required
113 So. 3d 77, 2013 WL 1776697
District Court of Appeal of Florida | Filed: Apr 26, 2013 | Docket: 60231608
Cited 2 times | Published
559 (Fla. 2d DCA 2012).
We recognize that section 39.521(3)(b)(l), Florida Statutes (2011), gives a
53 So. 3d 324, 2010 Fla. App. LEXIS 19758, 2010 WL 5184730
District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 60298074
Cited 2 times | Published
could terminate supervision in accordance with section 39.521(3)(d), Florida Statutes (2009) (“Protective
969 So. 2d 569, 2007 Fla. App. LEXIS 18793, 2007 WL 4208556
District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1725898
Cited 2 times | Published
discretion by denying placement with him.
Analysis
Section 39.521(3)(b), Florida Statutes (2005), provides in
949 So. 2d 336, 2007 Fla. App. LEXIS 2729, 2007 WL 601161
District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1374996
Cited 2 times | Published
to participate in treatment and services. See § 39.521(1)(b), Fla. Stat.; J.P. v. Dep't of Children &
917 So. 2d 241, 2005 WL 3330326
District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1509450
Cited 2 times | Published
on appeal that the hearsay was admissible. Section 39.521, Florida Statutes, dealing with disposition
890 So. 2d 476, 2004 WL 3015096
District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 2575150
Cited 2 times | Published
to the dispositional aspect of the cause. See § 39.521(1), Fla. Stat. (disposition hearing shall be conducted
871 So. 2d 306, 2004 WL 832794
District Court of Appeal of Florida | Filed: Apr 20, 2004 | Docket: 1300442
Cited 2 times | Published
well-being. In so doing, the trial court erred.
Section 39.521(3)(b), Florida Statutes (2002), provides that
844 So. 2d 821, 2003 WL 21105428
District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1662235
Cited 2 times | Published
and the home study was positive. Although section 39.521(3)(b), Florida Statutes, requires the trial
842 So. 2d 1000, 2003 Fla. App. LEXIS 5424, 2003 WL 1877590
District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 213214
Cited 2 times | Published
file a home study on the father as dictated by section 39.521(3)(b)(1), Florida Statutes (2001). M.B. v.
837 So. 2d 1098, 2003 Fla. App. LEXIS 1840
District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1527564
Cited 2 times | Published
court, or in the custody of the Department. See § 39.521(1)(b)3, Fla. Stat. (2002). In this case, the court
832 So. 2d 838, 2002 WL 31525285
District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1335592
Cited 2 times | Published
placed the younger children with the father. Section 39.521(3)(b), Florida Statutes, requires placement
829 So. 2d 938
District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 1733455
Cited 2 times | Published
to terminate protective supervision. Fla. Stat. § 39.521(1)(b)(3) (2001). In my view, the adjudications
267 So. 3d 430
District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752826
Cited 1 times | Published
one another. Those options are provided in section 39.521(3)(b), Florida
Statutes (2018), which states
193 So. 3d 1097, 2016 Fla. App. LEXIS 9599
District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081253
Cited 1 times | Published
participate in treatment and services under a case plan. § 39.521(1)(b), Fla. Stat. (2016);
C.K. v. Dep’t
161 So. 3d 481, 2014 Fla. App. LEXIS 10384, 2014 WL 2949445
District Court of Appeal of Florida | Filed: Jul 1, 2014 | Docket: 60247172
Cited 1 times | Published
required by section 89.521, Florida Statutes. See § 39.521(1), Fla. Stat. (“A disposition hearing shall be
106 So. 3d 976
District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60228516
Cited 1 times | Published
action. Furthermore, section 39.408(3) [now section 39.521(1) ] requires the court to review the order
42 So. 3d 962, 2010 Fla. App. LEXIS 12919, 2010 WL 3446912
District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 1647340
Cited 1 times | Published
of Ohio. In accord with the requirements of section 39.521(7), Florida Statutes (2009), when the trial
32 So. 3d 749, 2010 WL 1634286
District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 376330
Cited 1 times | Published
Guardian Ad Litem Program.
*750 PER CURIAM.
AFFIRMED. § 39.521, Fla. Stat. (2008).
PALMER, TORPY and COHEN, JJ
29 So. 3d 1200, 2010 Fla. App. LEXIS 3620, 2010 WL 979589
District Court of Appeal of Florida | Filed: Mar 16, 2010 | Docket: 2573274
Cited 1 times | Published
children to their *1201 non-offending father under section 39.521(3), Florida Statutes, and terminating jurisdiction
19 So. 3d 381, 2009 Fla. App. LEXIS 7256
District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 60254606
Cited 1 times | Published
is the subject of a dependency proceeding. See § 39.521. We do not rule out the possibility that a grandparent
8 So. 3d 1287, 2009 Fla. App. LEXIS 6937
District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 60305459
Cited 1 times | Published
determine placement. The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically
877 So. 2d 797, 2004 WL 1486038
District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1684485
Cited 1 times | Published
number was assigned to these two orders.
[2] Section 39.521(1)(d)(7), Florida Statutes, governing disposition
865 So. 2d 8, 2003 Fla. App. LEXIS 19245, 2003 WL 22970867
District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1231691
Cited 1 times | Published
immediate unconditional custody of the child. Section 39.521(3)(b) requires the court to place a child adjudicated
852 So. 2d 372, 2003 WL 21946441
District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1305833
Cited 1 times | Published
837 So.2d 1098, 1101-1102 (Fla. 4th DCA 2003); § 39.521(1)(b)3, Fla. Stat. "Grandparent" is included in
District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913258
Published
Florida Rule of Juvenile Procedure 8.340 and section 39.521,
Florida Statutes. At the hearing, the Department
Supreme Court of Florida | Filed: Mar 23, 2023 | Docket: 67078453
Published
provide greater clarity and
compliance with section 39.521, Florida Statutes (2022).
Subdivision (b)
District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127985
Published
may trigger a hearing to amend the case plan); §
39.521, Fla. Stat. (2021) (a hearing concerning the temporary
District Court of Appeal of Florida | Filed: Apr 7, 2021 | Docket: 59800756
Published
despite being given ample
opportunity to do so. § 39.521(1)(c)(3), Fla. Stat. (2020).
We further find
255 So. 3d 536
District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64689275
Published
the trial court ignored the provisions of section 39.521(7), Florida Statutes (2018), which require
249 So. 3d 764
District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225314
Published
court failed to comply with the requirements of section 39.521(7), Florida
Statutes (2017). We therefore
227 So. 3d 783
District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 60278143
Published
relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes (2015), resulting in
District Court of Appeal of Florida | Filed: Oct 16, 2017 | Docket: 6181270
Published
relinquishing jurisdiction by erroneously applying section 39.521(3)(b), Florida Statutes
(2015), resulting in
204 So. 3d 121
District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539031
Published
required to conduct a disposition hearing under section 39.521, Florida Statutes (2015), before closing the
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
child is adjudicated dependent. Specifically, section 39.521 provides that:
(b) when any child is adjudicated
186 So. 3d 1084, 2016 Fla. App. LEXIS 2968, 2016 WL 869317
District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 60253692
Published
determine where and-with whom the child shall live.”' § 39.521(4), Fla. Stat. (2015). Section 39.812, Florida
182 So. 3d 749, 2015 Fla. App. LEXIS 19470
District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024838
Published
jurisdiction — immediately upon adjudication. See, e.g., § 39.521(3)(b)l, Fla. Stat (2013) (authorizing the court
176 So. 3d 290, 2015 Fla. App. LEXIS 10729, 2015 WL 4268719
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674010
Published
based on the legislative requirement, pursuant to § 39.521(b)l(sic), Fla. Stat. (2014), to provide protective
176 So. 3d 297, 2015 Fla. App. LEXIS 10731
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674009
Published
the legislative requirement, pursuant to . section 39.521(b)l, Florida Statutes (2014), to provide protective
District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2674014
Published
the general magistrate’s interpretation of section
39.521(3)(b) of the Florida Statutes was correct.
169 So. 3d 123, 2015 Fla. App. LEXIS 3400, 2015 WL 1044221
District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640562
Published
in the home of an adult approved by the court. § 39.521(l)(b)3., Fla. Stat. (2000). Protective supervision
115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163
Published
requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes (2012).
Subdivision
114 So. 3d 391, 2013 WL 2217492, 2013 Fla. App. LEXIS 8139
District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231881
Published
the findings required for disposition under section 39.521, Florida Statutes (2012).
Reversed and Remanded
107 So. 3d 515, 2013 WL 561489, 2013 Fla. App. LEXIS 2381
District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60228698
Published
temporary physical custody of the children. See § 39.521(4), Fla. Stat. (2012) (“An agency granted legal
94 So. 3d 709, 2012 WL 3535841, 2012 Fla. App. LEXIS 13673
District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310972
Published
855 So.2d 175, 176 (Fla. 5th DCA 2003); see also § 39.521(l)(b), Fla.Stat. (2011).
We find no merit to the
87 So. 3d 827, 2012 WL 1698760
District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308060
Published
authority to require her to take certain actions. See § 39.521(l)(b)(l), Fla. Stat. (2010). If, in her capacity
84 So. 3d 1157, 2012 WL 1057637, 2012 Fla. App. LEXIS 5000
District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306609
Published
custody or is requesting custody of the child.
§ 39.521(l)(b)l., Fla. Stat. (2011). The evidence in this
82 So. 3d 1170, 2012 Fla. App. LEXIS 4217, 2012 WL 874569
District Court of Appeal of Florida | Filed: Mar 15, 2012 | Docket: 2416741
Published
appeal.
The mother acknowledges that pursuant to section 39.521(3)(b), Florida Statutes (2011), a trial court
77 So. 3d 687, 2011 Fla. App. LEXIS 17776, 2011 WL 5375047
District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 60304754
Published
to custody” pending any reunification; under section 39.521(3)(b)2, Florida Statutes (2010), changing custody
45 So. 3d 46, 2010 Fla. App. LEXIS 15135, 2010 WL 3418911
District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2401257
Published
care and non-relative placement is made in section 39.521, Florida Statutes (2009), which deals with
32 So. 3d 749, 2010 Fla. App. LEXIS 5820
District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 60289888
Published
PER CURIAM.
AFFIRMED. § 39.521, Fla. Stat. (2008).
PALMER, TORPY and COHEN, JJ, concur.
19 So. 3d 1153, 2009 Fla. App. LEXIS 15608, 2009 WL 3316944
District Court of Appeal of Florida | Filed: Oct 15, 2009 | Docket: 60254573
Published
custody to the father was made pursuant to section 39.521(3)(b)l., Florida Statutes (2008). Lastly, the
8 So. 3d 1287, 2009 WL 1491719
District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1159942
Published
determine placement. The Mother maintains that section 39.521(3)(b), Florida Statutes (2008), specifically
10 So. 3d 186, 2009 Fla. App. LEXIS 2872, 2009 WL 928495
District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1642203
Published
court retained jurisdiction over the children. See § 39.521(7), Fla. Stat. (2005).
Four months later, on November
992 So. 2d 299, 2008 WL 4361238
District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 1389078
Published
(2007), instead of the standard set forth in section 39.521(3)(b) with regard to a non-offending parent
994 So. 2d 1153, 2008 WL 2811785
District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 1667075
Published
the dependency disposition option listed in section 39.521(3)(c), which reads, in pertinent part: If no
983 So. 2d 655, 2008 Fla. App. LEXIS 6963, 2008 WL 2066612
District Court of Appeal of Florida | Filed: May 16, 2008 | Docket: 64854965
Published
placement to be in the child’s best interest. See § 39.521(2)(r), Fla. Stat. (2007). The trial court departed
979 So. 2d 363, 2008 Fla. App. LEXIS 5540
District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 64854608
Published
treatment and services identified as necessary.” § 39.521(l)(b)(l), Fla. Stat. (2006). Certainly, any such
978 So. 2d 211, 2008 Fla. App. LEXIS 4339
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854388
Published
Appellee T.W. (“the Father”), pursuant to section 39.521(3)(b), Florida Statutes (2006). Because we
975 So. 2d 1158, 2008 WL 611606
District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1423499
Published
(6), Fla. Stat. (2006). In addition, although section 39.521(b)3 provides that the court's "termination
974 So. 2d 527, 2008 WL 314241
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 2576161
Published
Younger Daughter to D.W., a paternal aunt.
Section 39.521 of the Florida Statutes, provides in pertinent
969 So. 2d 505, 2007 Fla. App. LEXIS 18444, 2007 WL 4105523
District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 64853144
Published
of his children, A.B. and J.B., pursuant to section 39.521(3)(b), Florida Statutes (2006). He argues that
946 So. 2d 1214, 2006 Fla. App. LEXIS 21783
District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 64848625
Published
decision in accordance with the requirements of section 39.521(3)(b), Florida Statutes (2005), which governs
946 So. 2d 548, 2006 Fla. App. LEXIS 14617, 2006 WL 2516495
District Court of Appeal of Florida | Filed: Aug 31, 2006 | Docket: 64848553
Published
conduct a disposition hearing in accordance with section 39.521(3)(b), Florida Statutes. It was not the intention
936 So. 2d 754, 2006 Fla. App. LEXIS 14038, 2006 WL 2419109
District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 2548204
Published
immediately given" to the child's parents. Lastly, section 39.521(3)(d) requires that "[t]he order terminating
928 So. 2d 491, 2006 Fla. App. LEXIS 7077, 2006 WL 1234983
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844584
Published
of child support between these two parents. See § 39.521, Fla. Stat. (2004) (requiring disposition order
909 So. 2d 402, 2005 Fla. App. LEXIS 12664, 2005 WL 1943208
District Court of Appeal of Florida | Filed: Aug 16, 2005 | Docket: 64840135
Published
available and certain conditions are met. See § 39.521(3)(b), Fla. Stat.; see also L.P., father of J
907 So. 2d 1275, 2005 WL 1842674
District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 459421
Published
v. Benway, 745 So.2d 437 (Fla. 5th DCA 1999); § 39.521(7), Fla. Stat. (2004). Respondents do not dispute
889 So. 2d 867, 2004 Fla. App. LEXIS 21256, 2004 WL 3090326
District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 64835145
Published
PER CURIAM.
AFFIRMED. See section 39.521(3), Florida Statutes (2003) and H.P. v. Department of Children
884 So. 2d 467, 2004 Fla. App. LEXIS 14642, 2004 WL 2245793
District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833560
Published
modify placement of his child, M.H., pursuant to section 39.521(3)(b), Florida Statutes (2003). He argues that
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
child was adjudicated dependent. For instance, section 39.521(d)(7) provides that, for a child like S.M.
868 So. 2d 1227, 2004 Fla. App. LEXIS 3534
District Court of Appeal of Florida | Filed: Mar 22, 2004 | Docket: 64829064
Published
of jurisdiction at the court’s discretion. See § 39.521(l)(b)(3), Fla. Stat. (2002) (“Protective supervision
863 So. 2d 428, 2003 Fla. App. LEXIS 19741, 2003 WL 23095276
District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827483
Published
accordance with the guidelines in s. 61.30.”); § 39.521(l)(d)7, Fla. Stat. (2003) (court’s powers of disposition
855 So. 2d 688, 2003 Fla. App. LEXIS 14914, 2003 WL 22259828
District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825553
Published
capricious manner.” Id. at 495. DCF also relies upon section 39.521(4), Florida Statutes (2002), which gives it
845 So. 2d 1021, 2003 Fla. App. LEXIS 7992, 2003 WL 21239103
District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 64822955
Published
findings with respect to M.P. in accordance with section 39.521(l)(f), Florida Statutes (2001).
AFFIRMED and
830 So. 2d 212, 2002 Fla. App. LEXIS 16142, 2002 WL 31487160
District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818949
Published
a written determination in accordance with section 39.521(l)(f), Florida Statutes (2001). Such a disposition
847 So. 2d 487, 2002 Fla. App. LEXIS 13830, 2002 WL 31101341
District Court of Appeal of Florida | Filed: Sep 23, 2002 | Docket: 64823333
Published
de*493termine where and with whom the child shall live.” § 39.521(4), Fla. Stat. (2000). It was pursuant to this
825 So. 2d 521, 2002 Fla. App. LEXIS 13215, 2002 WL 31039382
District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64817340
Published
the custody of the child’s father pursuant,to section 39.521(3)(b), Florida Statutes (2000). Although we
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
(2001), hearing on petition for dependency; section 39.521(l)(a), Florida Statutes (2001), disposition
