Florida Statute 39.801 - 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. 39.801

39.801 Procedures and jurisdiction; notice; service of process.—

(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in termination of parental rights proceedings shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law.

(2) The circuit court shall have exclusive original jurisdiction of a proceeding involving termination of parental rights.

(3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:

(a) Notice of the date, time, and place of the advisory hearing for the petition to terminate parental rights; if applicable, instructions for appearance through audio-video communication technology; and a copy of the petition must be personally served upon the following persons, specifically notifying them that a petition has been filed:

1. The parents of the child.

2. The legal custodians of the child.

3. If the parents who would be entitled to notice are dead or unknown, a living relative of the child, unless upon diligent search and inquiry no such relative can be found.

4. Any person who has physical custody of the child.

5. Any grandparent entitled to priority for adoption under s. 63.0425.

6. Any prospective parent who has been identified under s. 39.503 or s. 39.803, unless a court order has been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which indicates no further notice is required. Except as otherwise provided in this section, if there is not a legal father, notice of the petition for termination of parental rights must be provided to any known prospective father who is identified under oath before the court or who is identified by a diligent search of the Florida Putative Father Registry. Service of the notice of the petition for termination of parental rights is not required if the prospective father executes an affidavit of nonpaternity or a consent to termination of his parental rights which is accepted by the court after notice and opportunity to be heard by all parties to address the best interests of the child in accepting such affidavit.

7. The guardian ad litem for the child.

A party may consent to service or notice by e-mail by providing a primary e-mail address to the clerk of the court. The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.”

(b) If a party required to be served with notice as prescribed in paragraph (a) cannot be served, notice of hearings must be given as prescribed by the rules of civil procedure, and service of process must be made as specified by law or civil actions.

(c) Notice as prescribed by this section may be waived, in the discretion of the judge, with regard to any person to whom notice must be given under this subsection if the person executes, before two witnesses and a notary public or other officer authorized to take acknowledgments, a written surrender of the child to a licensed child-placing agency or the department.

(d) Personal appearance of a person at the advisory hearing as provided in s. 39.013(13) obviates the necessity of serving process on that person, and the court may proceed with the advisory hearing and any subsequently noticed hearing.

(e) If the person served with notice under this section fails to appear at the advisory hearing, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, the failure to appear constitutes consent for termination of parental rights by the person given notice. If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition for termination of parental rights, stating the date, time, and location of the hearing and, if applicable, instructions for appearance through audio-video communication technology, then failure of that parent to appear, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, at the adjudicatory hearing constitutes consent for termination of parental rights.

(4) Upon the application of any party, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses and the production of records, documents, or other tangible objects at any hearing.

(5) All process and orders issued by the court must be served or executed as other process and orders of the circuit court and, in addition, may be served or executed by authorized agents of the department or the guardian ad litem.

(6) Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding and, in addition, may be served or executed by authorized agents of the department or of the guardian ad litem.

(7) A fee may not be paid for service of any process or other papers by an agent of the department or the guardian ad litem. If any process, orders, or other papers are served or executed by any sheriff, the sheriff’s fees must be paid by the county.

History.—s. 9, ch. 87-289; s. 1, ch. 92-96; s. 32, ch. 94-164; ss. 6, 11, ch. 97-276; s. 83, ch. 98-403; s. 42, ch. 99-193; s. 21, ch. 2017-151; s. 7, ch. 2023-302; s. 25, ch. 2024-70; s. 7, ch. 2024-177.

Note.—Former ss. 39.46, 39.462.

F.S. 39.801 on Google Scholar

F.S. 39.801 on CourtListener

Amendments to 39.801

Annotations, Discussions, Cases:

Cases Citing Statute 39.801

Total Results: 100

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

governing the termination of parental rights. See § 39.801, Fla. Stat. (2003). In any termination of parental

Jb v. Fla. Dept. of Children and Fam. Services

768 So. 2d 1060, 2000 WL 1424659

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 526759

Cited 36 times | Published

constitute consent for termination of parental rights. § 39.801(3)(d), Fla. Stat. (1999) (emphasis added). [4]

Bush v. Schiavo

885 So. 2d 321, 2004 WL 2109983

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 263908

Cited 31 times | Published

Child Custody Jurisdiction and Enforcement Act."); § 39.801(2), Fla. Stat. (2003) ("The circuit court shall

Florida Dcfs v. Pe

14 So. 3d 228

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1161060

Cited 27 times | Published

consent to termination of parental rights under section 39.801(3)(d), Florida Statutes (2007). The statute

BC v. Dept. of Children and Families

887 So. 2d 1046, 29 Fla. L. Weekly Supp. 508, 2004 Fla. LEXIS 1538, 2004 WL 2110379

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 1515163

Cited 23 times | Published

construction of section 39.806(1)(d)(1) contravenes section 39.801(9), Florida Statutes, which provides that the

RP v. Department of Children and Families

835 So. 2d 1212, 2003 Fla. App. LEXIS 447, 2003 WL 141821

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1754960

Cited 14 times | Published

an hour after the hearing had ended. [2] See § 39.801(3)(d), Fla. Stat. (2001) ("If the person served

BH, SR. v. Dept. of Children and Families

882 So. 2d 1099, 2004 Fla. App. LEXIS 13883, 2004 WL 2101937

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1686314

Cited 13 times | Published

litem and the Department argued that under section 39.801(3)(d), Florida Statutes (2003), failure to

TM v. Department of Children and Families

905 So. 2d 993, 2005 Fla. App. LEXIS 10097, 2005 WL 1523342

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1711743

Cited 11 times | Published

changed date of the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. The trial court recognized its

In Re SNW

912 So. 2d 368, 2005 WL 2467056

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755613

Cited 9 times | Published

the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering

Rh v. Dept. of Children & Family Services

860 So. 2d 986, 2003 Fla. App. LEXIS 15468, 2003 WL 22338603

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 1511592

Cited 9 times | Published

properly entered against parents pursuant to Section 39.801(3)(d), Florida Statutes (2002). See J.B. v

In Re ADC

854 So. 2d 720, 2003 WL 21973599

District Court of Appeal of Florida | Filed: Aug 20, 2003 | Docket: 1460305

Cited 8 times | Published

adjudicatory hearing regarding that child. Section 39.801(3)(d) specifically states that "failure to

Es v. Dcfs

878 So. 2d 493

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 1353599

Cited 7 times | Published

constitute consent for termination of parental rights. § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42

MJW v. Department of Children and Families

825 So. 2d 1038, 2002 WL 31039446

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312221

Cited 7 times | Published

of the termination proceeding as required by section 39.801, Florida Statutes (1999), and Florida Rule

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

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

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418542

Cited 6 times | Published

621) and the termination of parental rights (section 39.801). The Florida Rules of Juvenile Procedure

EA v. Department of Children and Families

894 So. 2d 1049, 2005 WL 176610

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1768053

Cited 5 times | Published

his late arrival at an adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2004). Because we conclude

Justice Administrative Commission v. Berry

5 So. 3d 696, 2009 Fla. App. LEXIS 760, 2009 WL 249231

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1663604

Cited 4 times | Published

mandated advisory hearings by publication. See § 39.801(3)(a), Fla. Stat. (2007) (providing that before

SC v. Department of Children and Families

877 So. 2d 831, 2004 Fla. App. LEXIS 9978, 2004 WL 1496900

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1285369

Cited 4 times | Published

So.2d 521, 523 (Fla. 4th DCA 2002). Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of

In Re TS

855 So. 2d 679

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 2526644

Cited 4 times | Published

terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801(3)(a)). Accordingly, we must reverse the termination

ZM v. Dept. of Children and Families

853 So. 2d 1084, 2003 Fla. App. LEXIS 9394

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 2582893

Cited 4 times | Published

present case, as in R.P., this court discussed section 39.801(3)(d), Florida Statutes, explaining that although

Lo v. Fla. Dept. of Children and Family Serv.

807 So. 2d 810, 2002 WL 270699

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 1505961

Cited 4 times | Published

Juvenile Procedure unless otherwise provided by law. § 39.801(1), Fla. Stat. (1999)(emphasis added); see Fla

In re Adoption of K.A.G.

152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 60244726

Cited 3 times | Published

the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering

Department of Children and Families v. As

927 So. 2d 204, 2006 Fla. App. LEXIS 6202, 2006 WL 1144443

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1764767

Cited 3 times | Published

court enters the termination order pursuant to section 39.801(3)(d), Florida Statutes (2005), which provides

DM v. Department of Children and Families

921 So. 2d 737, 2006 WL 358323

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1658374

Cited 3 times | Published

rather than in person. This appeal ensued. Section 39.801(3)(d), Florida Statutes (2005), provides that

Adoption Miracles, LLC v. S.C.W.

912 So. 2d 368, 2005 Fla. App. LEXIS 16035

District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840609

Cited 3 times | Published

the Department might choose for the child. Cf. § 39.801, Fla. Stat. (2004) (requiring that a court considering

In Re WC

797 So. 2d 1273, 2001 WL 1328427

District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 1359940

Cited 3 times | Published

appear as a default consent to termination under section 39.801(3)(d), Florida Statutes (2000). Thereafter

The Florida Bar v. Dove

985 So. 2d 1001, 2008 WL 2373903

Supreme Court of Florida | Filed: Jun 12, 2008 | Docket: 1254395

Cited 2 times | Published

adoption to that grandparent. (Emphasis supplied.) Section 39.801(3)(a)(5), Florida Statutes (2002), provides:

In Re Hs

995 So. 2d 516, 2008 WL 1757235

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1684768

Cited 2 times | Published

instructed in person at the advisory hearing to appear. § 39.801(3)(d), Fla. Stat. (2005). However, "courts should

In Re TB

920 So. 2d 170, 2006 WL 287225

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1440737

Cited 2 times | Published

parental rights until February 7, 2005.[3] Section 39.801(3)(d), Florida Statutes (2003), provides, in

In Re TB

920 So. 2d 170, 2006 WL 287225

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1440737

Cited 2 times | Published

parental rights until February 7, 2005.[3] Section 39.801(3)(d), Florida Statutes (2003), provides, in

In Interest Cr

806 So. 2d 646

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 2575450

Cited 2 times | Published

discuss the other three points raised on appeal. Section 39.801(3)(d), Florida Statutes (2000), provides the

JT v. Dept. of Children and Families

800 So. 2d 692

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1283201

Cited 2 times | Published

default in failing to appear at the hearing. See § 39.801(3)(d), Fla. Stat. Here, the court took testimony

Adoption by Choice, Inc. v. XZC

747 So. 2d 1006, 1999 WL 1111774

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1283023

Cited 2 times | Published

maternal grandmother was entitled to notice under section 39.801(3)(a), Florida Statutes (Supp.1998), as the

M.P. v. Department of Children & Families

230 So. 3d 512

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167429

Cited 1 times | Published

implied consent to termination, pursuant to section 39.801(3)(d), Fla. Stat. (2016), and proceeded to

Slowinski v. Sweeney

117 So. 3d 73, 2013 WL 3215232, 2013 Fla. App. LEXIS 10236

District Court of Appeal of Florida | Filed: Jun 27, 2013 | Docket: 60232772

Cited 1 times | Published

notice and the other procedures required by section 39.801, et seq., Florida Statutes. See F.M. v. State

F.M. v. State Department of Children & Families

95 So. 3d 378, 2012 WL 3101506, 2012 Fla. App. LEXIS 12401

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311196

Cited 1 times | Published

service of process was provided, pursuant to section 39.801(3)(b), Florida Statutes (2010), via publication

Florida Department of Children & Family Services v. P.E.

14 So. 3d 228, 34 Fla. L. Weekly Supp. 449, 2009 Fla. LEXIS 1124

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 60241301

Cited 1 times | Published

consent to termination of parental rights under section 39.801(3)(d), Florida Statutes (2007), The statute

JM v. Department of Children and Families

9 So. 3d 34, 2009 Fla. App. LEXIS 1967, 2009 WL 529558

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1221406

Cited 1 times | Published

that the court did not admonish her to attend. Section 39.801(3)(d), Florida Statutes, provides: If a parent

RE v. Department of Children and Families

996 So. 2d 929, 2008 Fla. App. LEXIS 18484, 2008 WL 5156731

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1692699

Cited 1 times | Published

statutory notice constitutes consent for termination. § 39.801(3)(d), Fla. Stat.; Fla. R. Juv. P. 8.525(d). The

In Re HE

3 So. 3d 341

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1446092

Cited 1 times | Published

presumed, or constructive consent' under ... `section 39.801(3)(d) does not end the judicial labor of the

AD v. Department of Children and Families

974 So. 2d 627

District Court of Appeal of Florida | Filed: Feb 27, 2008 | Docket: 1467781

Cited 1 times | Published

date, time, and location of said hearing." See § 39.801(3)(d), Fla. Stat. (2007). Without such a specific

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

990 So. 2d 520, 2008 Fla. App. LEXIS 71, 2008 WL 53546

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 64855689

Cited 1 times | Published

failed to appear for the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2005). Based on the trial court’s

Dept. of Children and Families v. JJE

953 So. 2d 659, 2007 Fla. App. LEXIS 4670

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1337831

Cited 1 times | Published

825 So.2d 1038, 1040 (Fla. 1st DCA 2002). Section 39.801, Florida Statutes (2006), and Florida Rules

In Re CM

941 So. 2d 1255, 2006 WL 3331910

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1523612

Cited 1 times | Published

grant a continuance. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2005), provides that

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

failure to appear at the adjudicatory hearing. See § 39.801(3)(d), Fla. Stat. (2002). Because we conclude

D.F. v. Florida Department of Children & Family Services

877 So. 2d 733, 2004 Fla. App. LEXIS 5451, 2004 WL 840216

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 64831824

Cited 1 times | Published

the entry of default would have been proper. See § 39.801(3)(d), Fla. Stat. (2002)(stating that failure

In Re CD

867 So. 2d 405, 2003 WL 22795083

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 448835

Cited 1 times | Published

858 So.2d 1184 (Fla. 2d DCA 2003). See generally § 39.801(3)(d), Fla. Stat. (2002) (explaining procedure

JM v. Department of Children and Families

833 So. 2d 279, 2002 WL 31875064

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259151

Cited 1 times | Published

framework for terminating parental rights. Section 39.801 provides for notice, service of process and

CRK v. Department of Children & Families

826 So. 2d 1053, 2002 Fla. App. LEXIS 12784, 2002 WL 2008278

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 1662572

Cited 1 times | Published

termination of parental rights in accordance with Section 39.801(3)(d). We find this order to be deficient for

F.D., the Father v. Department of Children and Families

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572363

Published

appear by Zoom, the trial court, applying section 39.801(3)(e), Florida Statutes, presumed consent to

F.E.O., the Mother v. Department of Children and Families

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833934

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 39.801(3)(e), Fla. Stat. (2024) (“If a parent appears

K.W., the Mother v. Department of Children and Families, and Statewide Guardian Ad Litem Office

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324296

Published

involving the termination of parental rights. See § 39.801(2), Fla. Stat. (“The circuit court shall have

M.D.-P, THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67743702

Published

court entered a default against the Mother. See § 39.801(3)(d), Fla. Stat. (2022) (“If a parent appears

M.S. v. GUARDIAN AD LITEM PROGRAM

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898823

Published

whether that finding is supported. Section 39.801(1), Florida Statutes (2022), provides that

H.A.R., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699919

Published

court entered a default against her pursuant to section 39.801(3)(d), Florida Statutes (2020), which she claims

M.B., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Apr 29, 2020 | Docket: 17109569

Published

the constructive consent. We reverse. Section 39.801(3)(d), Florida Statutes (2019), expressly authorizes

S. C. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 15816373

Published

adjudicatory hearing under section 39.801(3)(d), Florida Statutes (2018).2 Section 39.801(3)(d) provides the

A. D. v. DEPT. OF CHILDREN & FAMILIES

269 So. 3d 642

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15005010

Published

U.S. 745, 753 (1982)). Under section 39.801(3)(a), Florida Statutes (2018), parents must

T.J.T. v. Dep't of Children & Families & Guardian Ad Litem Program

257 So. 3d 1220

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 64691428

Published

parent fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best

E. U. v. DEPT. OF CHILDREN & FAMILIES

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146139

Published

parent fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best

G.H. v. Department of Children & Families

227 So. 3d 761, 2017 WL 4529695

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167431

Published

parental rights on behalf of G.H. as to D.E.B. See § 39,801(3)(d) of the Florida Statutes (2016) (“If the

C.R. v. Department of Children & Families

225 So. 3d 393, 2017 WL 3565696, 2017 Fla. App. LEXIS 11908

District Court of Appeal of Florida | Filed: Aug 17, 2017 | Docket: 60272485

Published

entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida

C.R. v. DCF

District Court of Appeal of Florida | Filed: Aug 14, 2017 | Docket: 6143770

Published

entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida

T.H. v. Department of Children & Families

221 So. 3d 1285, 2017 WL 2960589, 2017 Fla. App. LEXIS 9987

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088802

Published

Father’s motion. This appeal followed. Section 39.801(3)(d), Florida Statutes (2016), authorizes

R.W.M. v. Department of Children & Families

184 So. 3d 1235, 2016 WL 275273

District Court of Appeal of Florida | Filed: Jan 22, 2016 | Docket: 3030237

Published

motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father

R.W.M. v. Dep't of Children & Families

District Court of Appeal of Florida | Filed: Jan 22, 2016 | Docket: 3032380

Published

motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father

R.W.M. v. Dep't of Children & Families

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022464

Published

(Fla. 2d DCA 2000). Although section 39.801(3)(d) authorizes constructive or implied consent

N.O. v. Department of Children & Families

126 So. 3d 445, 2013 WL 5988951, 2013 Fla. App. LEXIS 18022

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60236453

Published

Litem Program, concede that the requirements of section 39.801(3)(d), Florida Statutes (2012) were not met

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

entering a consent to the judgment pursuant to section 39.801(3)(d), Florida Statutes (2012), we disagree

L.E. v. Department of Children & Families

91 So. 3d 243, 2012 Fla. App. LEXIS 10497, 2012 WL 2401095

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309852

Published

hearing, the mother failed to appear. Pursuant to section 39.801(3)(d), Florida Statutes, the court entered

R.A. v. Department of Children & Families

83 So. 3d 841, 2011 Fla. App. LEXIS 20067, 2011 WL 6258832

District Court of Appeal of Florida | Filed: Dec 13, 2011 | Docket: 60306506

Published

the default a consent to the termination. See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d);

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

57 So. 3d 964, 2011 Fla. App. LEXIS 4333, 2011 WL 1135325

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299218

Published

her parental rights by “consent,” pursuant to section 39.801 (3)(d) of the Florida Statutes (2010). The

T.H. v. Department of Children & Families

56 So. 3d 150, 2011 Fla. App. LEXIS 3907, 2011 WL 1004620

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60298544

Published

rights by implied or constructive consent under section 39.801(3)(d), Florida Statutes (2010). A.S., 927 So

Justice Administrative Commission v. Risen

44 So. 3d 1264, 2010 Fla. App. LEXIS 15032, 2010 WL 3894505

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 60295557

Published

attorney’s fees to Respondent is quashed. See § 39.801(3)(d), Fla. Stat. (2009) (providing that a parent’s

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

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

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1650658

Published

relative placement, in direct contravention of section 39.801(1)." Guardian Ad Litem Program v. T.R., 987

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

3 So. 3d 341, 2008 Fla. App. LEXIS 18072

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 60289153

Published

presumed, or constructive consent’ under ... ‘section 39.801(3)(d) does not end the judicial labor of the

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

995 So. 2d 516, 2008 Fla. App. LEXIS 5735

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 64856880

Published

instructed in person at the advisory hearing to appear. § 39.801(3)(d), Fla. Stat. (2005). However, “courts should

S.S. v. State, Department of Children & Family Services

976 So. 2d 41, 2008 Fla. App. LEXIS 956, 2008 WL 239023

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 64854006

Published

squarely, and we agree, that “consent under section 39.801(3)(d) does not end the judicial labor of the

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

943 So. 2d 885, 2006 Fla. App. LEXIS 19900

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 64848053

Published

her parental rights. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2004), provides that

In Re DA

943 So. 2d 885, 2006 WL 3422193

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 534322

Published

her parental rights. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2004), provides that

V.M. v. Department of Children & Family Services

941 So. 2d 1255, 2006 Fla. App. LEXIS 19299

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 64847830

Published

grant a continuance. We agree and reverse. Section 39.801(3)(d), Florida Statutes (2005), provides that

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

920 So. 2d 170, 2006 Fla. App. LEXIS 1556

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842180

Published

terminating parental rights until February 7, 2005.3 Section 39.801(3)(d), Florida Statutes (2003), provides, in

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

920 So. 2d 170, 2006 Fla. App. LEXIS 1556

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842180

Published

terminating parental rights until February 7, 2005.3 Section 39.801(3)(d), Florida Statutes (2003), provides, in

V.D.C. v. Department of Children & Family Services

899 So. 2d 1193, 2005 Fla. App. LEXIS 5197, 2005 WL 856052

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837830

Published

advisory hearing or an adjudicatory hearing, section 39.801(3)(d), Florida Statutes (2004), provides: If

Amendments to the Florida Rules of Juvenile Procedure

894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240

Published

amendment brings the rule into conformance with section 39.801(3)(a) and (3)(d), Florida Statutes (2004).

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

878 So. 2d 493, 2004 Fla. App. LEXIS 11458, 2004 WL 1737218

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832005

Published

constitute consent for termination of parental rights. § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42

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

878 So. 2d 493, 2004 Fla. App. LEXIS 11458, 2004 WL 1737218

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832005

Published

constitute consent for termination of parental rights. § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42

V.V. v. Department of Children & Families

862 So. 2d 905, 2003 Fla. App. LEXIS 20024, 2003 WL 23171334

District Court of Appeal of Florida | Filed: Dec 23, 2003 | Docket: 64827315

Published

PER CURIAM. AFFIRMED. See § 39.801(3)(d), Fla. Stat. (2003). PETERSON, THOMPSON and ORFINGER, JJ., concur

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

867 So. 2d 405, 2003 Fla. App. LEXIS 18050

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64828595

Published

858 So.2d 1184 (Fla. 2d DCA 2003). See generally § 39.801(3)(d), Fla. Stat. (2002) (explaining procedure

C.D. v. Department of Children & Family Services

855 So. 2d 679, 2003 Fla. App. LEXIS 14539

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825549

Published

terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801(3)(a)). Accordingly, we must reverse the termination

C.C. v. Department of Children & Family Services

854 So. 2d 720, 2003 Fla. App. LEXIS 12353

District Court of Appeal of Florida | Filed: Aug 20, 2003 | Docket: 64825150

Published

adjudicatory hearing regarding that child. Section 39.801(3)(d) specifically states that “failure to

P.C. v. Department of Children & Family Services

857 So. 2d 217, 2003 Fla. App. LEXIS 11594, 2003 WL 21766512

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 64825861

Published

hearing for termination of parental rights. Section 39.801(3)(d), Florida Statutes (2002), provides in

J.C. v. Department of Children & Family Services

834 So. 2d 965, 2003 Fla. App. LEXIS 719, 2003 WL 160964

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 64820017

Published

notice of the advisory hearing as required by section 39.801(3)(a), Florida Statutes (2000). Therefore,

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

842 So. 2d 877, 2003 Fla. App. LEXIS 726, 2003 WL 161079

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 64822163

Published

notice of the advisory hearing as required by section 39.801(3)(a), Florida Statutes (2001). Therefore,

W.K. v. Department of Children & Families

832 So. 2d 229, 2002 Fla. App. LEXIS 17826, 2002 WL 31728731

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 64819453

Published

a chance that S.K’s father could be found. Section 39.801 of the Florida Statutes (2001) states that

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

813 So. 2d 208, 2002 Fla. App. LEXIS 4287, 2002 WL 491247

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64814136

Published

trial court did not satisfy the requirements of section 39.801(S)(d), Florida Statutes (2000). Therefore;

M.T. v. Department of Children & Family Services

806 So. 2d 646, 2002 Fla. App. LEXIS 1440

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 64812271

Published

discuss the other three points raised on appeal. Section 39.801(3)(d), Florida Statutes (2000), provides the

M.C. v. State, Department of Children & Families

797 So. 2d 1273, 2001 Fla. App. LEXIS 15181

District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 64809665

Published

appear as a default consent to termination under section 39.801(3)(d), Florida Statutes (2000). Thereafter

S.B. v. State, Department of Children & Families

775 So. 2d 356, 2000 Fla. App. LEXIS 13717, 2000 WL 1582766

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64802940

Published

an advisory hearing. We reverse. Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida

S.S. v. State, Department of Children & Families

735 So. 2d 576, 1999 Fla. App. LEXIS 8128, 1999 WL 398766

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 64788896

Published

amended section 39.462 and transferred it to section 39.801, Florida Statutes (Supp. 1998). See ch. 98-403

In re Amendments to the Florida Rules of Juvenile Procedure

725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859

Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918

Published

Florida Statutes (1997), and renumbering it as section 39.801(3)(d)). In closing, we note that due to the