Florida Statute 39.6231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.6231

39.6231 Permanent placement with a fit and willing relative.—

(1) If a court finds that reunification or adoption are not in the best interests of a child, the court may place the child with a fit and willing relative as a permanency option if:

(a) The child has been in the placement for at least the preceding 6 months;

(b) The relative 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;

(d) The relative agrees to give notice of any change in his or her residence or the residence of the child by filing a written document with the clerk of court.

(2) The department and the guardian ad litem shall provide the court with a recommended list and description of services needed by the child and the family in order to ensure the permanency of the placement.

(3) In its written order placing the child with a fit and willing relative, the court shall:

(a) List the circumstances or reasons 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 permanent placement with a fit and willing relative 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 relative 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.

(4) The court shall give the relative a separate order establishing his or her authority to care for the child and providing other information the court deems proper which can be provided to entities and individuals who are not parties to the proceeding as necessary, notwithstanding the confidentiality of s. 39.202.

(5) The department shall continue to supervise the placement with the relative until further court order. The court shall continue to review the placement at least once every 6 months.

(6) Each party to the proceeding must be advised by the department and the court that placement with a fit and willing relative does not preclude the possibility of the child returning to the custody of the parent.

(7) The court shall continue to conduct permanency hearings in order to reevaluate the possibility of adoption or permanent guardianship of the child.

History.—s. 21, ch. 2006-86.

F.S. 39.6231 on Google Scholar

F.S. 39.6231 on Casetext

Amendments to 39.6231

Arrestable Offenses / Crimes under Fla. Stat. 39.6231

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.6231.

Annotations, Discussions, Cases:

Cases Citing Statute 39.6231

Total Results: 6

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: placement with a fit and willing relative under s. 39.6231; or (e) Placement in another planned permanent

In Re Tj

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

Citation: 59 So. 3d 1187

Snippet: "fit and willing relative," section 39.6231, Florida Statutes (2010), and no services have

State, Department of Children & Families v. in the Interest of C.W.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-22T00:00:00-07:00

Citation: 14 So. 3d 1041, 2009 Fla. App. LEXIS 6959, 2009 WL 1425981

Snippet: placement with a fit and willing relative under s. 39.6231; or (e) Placement in another planned permanent

N.M. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-03T00:00:00-07:00

Citation: 964 So. 2d 909, 2007 Fla. App. LEXIS 15565

Snippet: required written findings pursuant to section 39.6231(8), Florida Statutes (2006). Reversed and Remanded

In Re Amendments to Rules of Juvenile Proc.

Court: Fla. | Date Filed: 2007-02-07T23:53:00-08:00

Citation: 951 So. 2d 804

Snippet: with a fit and willing relative under section 39.6231, Florida Statutes; or (E) placement in another

CM v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-07T23:53:00-08:00

Citation: 953 So. 2d 547

Snippet: placement with a fit and willing relative under s. 39.6231"). Because our prior opinion might have been