Florida Statute 39.6221 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.6221

39.6221 Permanent guardianship of a dependent child.—

(1) If a court determines that reunification or adoption is not in the best interest of the child, the court may place the child in a permanent guardianship with a relative or other adult approved by the court if all of the following conditions are met:

(a) The child has been in the placement for not less than the preceding 6 months, or the preceding 3 months if the caregiver is already known by the child and such caregiver has been named as the successor guardian on the child’s guardianship assistance agreement.

(b) The permanent guardian is suitable and able to provide a safe and permanent home for the child.

(c) The court determines that the child and the relative or other adult are not likely to need supervision or services of the department to ensure the stability of the permanent guardianship.

(d) The permanent guardian has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence.

(e) The permanent guardian agrees to give notice of any change in his or her residential address or the residence of the child by filing a written document in the dependency file of the child with the clerk of the court.

(f) The child demonstrates a strong attachment to the prospective permanent guardian, and such guardian has a strong commitment to permanently caring for the child.

(2) In its written order establishing a permanent guardianship, the court shall:

(a) List the circumstances or reasons why the child’s parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;

(b) State the reasons why a permanent guardianship is being established instead of adoption;

(d) Specify the frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509;

(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and

(f) Require that the permanent guardian not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

(3) The court shall give the permanent guardian a separate order establishing the authority of the permanent guardian to care for the child and providing any other information the court deems proper which can be provided to persons who are not parties to the proceeding as necessary, notwithstanding the confidentiality provisions of s. 39.202.

(4) A permanent guardianship of a dependent child established under this chapter is not a plenary guardianship and is not subject to the requirements of chapter 744.

(5) The court shall retain jurisdiction over the case and the child shall remain in the custody of the permanent guardian unless the order creating the permanent guardianship is modified by the court. The court shall discontinue regular review hearings and relieve the department of the responsibility for supervising the placement of the child. Not withstanding the retention of jurisdiction, the placement shall be considered permanency for the child.

(6) Placement of a child in a permanent guardianship does not terminate the parent-child relationship, including:

(a) The right of the child to inherit from his or her parents;

(b) The parents’ right to consent to the child’s adoption; and

(7) The requirements of s. 61.13001 do not apply to permanent guardianships established under this section.

History.—s. 20, ch. 2006-86; s. 4, ch. 2007-5; s. 19, ch. 2017-151; s. 9, ch. 2018-103; s. 5, ch. 2024-177.

F.S. 39.6221 on Google Scholar

F.S. 39.6221 on Casetext

Amendments to 39.6221

Arrestable Offenses / Crimes under Fla. Stat. 39.6221

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6221.

Annotations, Discussions, Cases:

Cases Citing Statute 39.6221

Total Results: 20

Jamie Hershberger v.Stash Hershberger

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: guardian’s discretion, comported with section 39.6221(2)(c) because it did not leave frequency and nature

T.A.S., R.A.S. v. Florida Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: at the conclusion of a dependency case. See § 39.6221, Fla. Stat. (2020). T.A.S. was ordered to have …his parental rights were not terminated. See § 39.6221(6), Fla. Stat. Thereafter, T.A.S. sought to

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-08T00:00:00-08:00

Snippet: compels adoption over permanent guardianship. See § 39.6221(1), Fla. Stat. (2021) (stating that trial court

R. T. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: guardianship order does not fully comply with section 39.6221, Florida Statutes (2021), we reverse and remand…720, 721 (Fla. 2d DCA 2014). However, section 39.6221 requires that the written order "[l]ist the…or by making separate findings of fact." § 39.6221(2)(a) (emphasis added). The permanent guardianship…between the child and his or her parents." § 39.6221(2)(c). The plain language of the statute requires…order does not necessarily violate section 39.6221(2)(c). 3 D.C

In Re: Amendment to Florida Rule of Appellate Procedure 9.130

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

Snippet: established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant or deny the appointment

In Re: Amendment to Florida Rule of Appellate Procedure 9.130

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

Snippet: established for a dependent child pursuant to section 39.6221, Florida Statutes.; (D) grant

T.M.W., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

Snippet: Permanency determination by the court”), and section 39.6221, Florida Statutes (2021) (“Permanent guardianship

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Court: Fla. | Date Filed: 2021-02-10T23:53:00-08:00

Snippet: established for a dependent child pursuant to section 39.6221, Florida Statutes.

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Court: Fla. | Date Filed: 2020-10-29T00:53:00-07:00

Snippet: established for a dependent child pursuant to section 39.6221, Florida Statutes.

In Re: Amendments to Florida Rules of Appellate Procedure 9.130 and 9.200

Court: Fla. | Date Filed: 2020-01-29T23:53:00-08:00

Snippet: guardianships for dependent children pursuant to section 39.6221, Florida Statutes. According to the Committee’…guardianships for dependent children pursuant to section 39.6221, Florida Statutes, as nonfinal orders …established for dependent children pursuant to section 39.6221, Florida Statutes, that would otherwise not be…established for a dependent child pursuant to section 39.6221, Florida Statutes. (D) – (F

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report

Court: Fla. | Date Filed: 2018-07-19T00:00:00-07:00

Citation: 249 So. 3d 1175

Snippet: ch. 2018-103, § 9 (adding paragraph (f) to § 39.6221(1), Fla. Stat. (2017) ). Accordingly, the … Laws of Fla. (amending §§ 39.6013, 39.621(5), 39.6221(1), 39.701(2)(d), Fla. Stat. (2017) effective July

State of Florida, Department of etc. v. M. A., Father of C.A., Minor Child

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-10T00:00:00-07:00

Citation: 215 So. 3d 1276, 2017 WL 1322116, 2017 Fla. App. LEXIS 4950

Snippet: guardianship with the maternal grandmother. See § 39.6221, Fla. Stat. M.A.’s children remained under the

B.G. and C.C. v. Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-23T00:00:00-08:00

Citation: 207 So. 3d 333, 2016 Fla. App. LEXIS 17477

Snippet: September 22, 2016. ANALYSIS Section 39.6221, Florida Statutes (2016), entitled “Permanent guardianship

K.B. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

Citation: 204 So. 3d 120

Snippet: the proceedings on remand, we note that section 39.6221(2)(c), Florida Statutes (2015), requires the circuit…discretion. Therefore, the order comports with section 39.6221(2)(c). Cf. S.W-R. v. Dep’t of Children &… of the caregiver” did not comply with section 39.6221(2)(c) because it placed complete discretion concerning

T.M. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 210 So. 3d 172, 2016 Fla. App. LEXIS 14482

Snippet: fails to make the findings required by section 39.6221(2), Florida Statutes (2015). We reverse and remand…remand for further proceedings. Section 39.6221 delineates the findings a trial court is required …evidence to support the findings required by section 39.6221(1). For that reason, we remand for the trial court…necessary findings of fact required by section 39.6221 and remanding with instructions to conduct an evidentiary…requirements of sec *174 tion 39.6221(2). 2D16-794 District Court of Appeal

S.M., etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Snippet: Permanent guardianship of a dependent child under s. 39.6221; (d) Permanent placement with a fit and willing…DCF consider “some other arrangement.” Section 39.6221, specifically states: “[i]f a court determines …adult approved by the court.” Id. § 39.6221(1). The Legislature has also made clear that…any time upon court approval. See § 39.6221(5), Fla. Stat. (2016). A permanent guardianship…not terminate the parent-child relationship. § 39.6221(6), Fla. Stat. Second, S.M. also advocates that

B v. v. Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-27T00:53:00-07:00

Snippet: reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2015).

B.V. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-27T00:00:00-07:00

Citation: 197 So. 3d 623, 2016 Fla. App. LEXIS 11382, 2016 WL 4035906

Snippet: reunification is not possible, as required under section 39.6221(2)(a) of the Florida Statutes (2016). No

S.R. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00

Citation: 197 So. 3d 131, 2016 Fla. App. LEXIS 11096, 2016 WL 3919070

Snippet: sufficiency of the evidence argument. Section 39.6221, Florida Statutes, provides that when a trial court…contact between the child and his or her parents; § 39,6221(2)(a),(c), Fla. Stat. (2016). In the present case…insufficient to satisfy the requirements of section 39.6221. See T.B. v. Dep’t of Children & Families, …specific visitation schedule in violation of section 39.6221(2)(c), and remanding for the court to delineate… specific written findings pursuant to section 39.6221, and to delineate the frequency of the Father’s

K.J., the father v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-02T00:00:00-08:00

Citation: 181 So. 3d 551, 2015 Fla. App. LEXIS 18014, 2015 WL 7752952

Snippet: contain the findings of fact required by section 39.6221, Florida Statutes (2015). “A general reference