Florida Statute 39.802 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.802

39.802 Petition for termination of parental rights; filing; elements.—

(1) All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(2) The form of the petition is governed by the Florida Rules of Juvenile Procedure. The petition must be in writing and signed by the petitioner under oath stating the petitioner’s good faith in filing the petition.

(3) When a petition for termination of parental rights has been filed, the clerk of the court shall set the case before the court for an advisory hearing.

(4) A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations:

(a) That at least one of the grounds listed in s. 39.806 has been met.

(b) That the parents of the child were informed of their right to counsel at all hearings that they attended and that a dispositional order adjudicating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s. 39.806.

(c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition.

(d) That the parents of the child will be informed of the availability of private placement of the child with an adoption entity, as defined in s. 63.032.

(5) When a petition for termination of parental rights is filed under s. 39.806(1), a separate petition for dependency need not be filed and the department need not offer the parents a case plan with a goal of reunification, but may instead file with the court a case plan with a goal of termination of parental rights to allow continuation of services until the termination is granted or until further orders of the court are issued.

(6) The fact that a child has been previously adjudicated dependent as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency.

(7) The fact that the parent of a child was informed of the right to counsel in any prior dependency proceeding as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency containing a finding of fact that the parent was so advised.

(8) If the department has entered into a case plan with a parent with the goal of reunification, and a petition for termination of parental rights based on the same facts as are covered in the case plan is filed prior to the time agreed upon in the case plan for the performance of the case plan, then the petitioner must allege and prove by clear and convincing evidence that the parent has materially breached the provisions of the case plan.

History.—s. 9, ch. 87-289; s. 15, ch. 90-306; s. 14, ch. 92-170; ss. 29, 30, ch. 94-164; s. 13, ch. 97-276; s. 84, ch. 98-403; s. 43, ch. 99-193; s. 2, ch. 2001-3; s. 31, ch. 2006-86; s. 1, ch. 2012-81; s. 18, ch. 2014-224.

Note.—Former ss. 39.461, 39.4611.

F.S. 39.802 on Google Scholar

F.S. 39.802 on Casetext

Amendments to 39.802

Arrestable Offenses / Crimes under Fla. Stat. 39.802

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.802.

Annotations, Discussions, Cases:

Cases Citing Statute 39.802

Total Results: 20

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-09-04

Snippet: for termination of parental rights pursuant to s. 39.802. (c) Upon execution of the consent of the parent

M.K. and JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2023-12-20

Snippet: “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.310(a)(1)

J.M. v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2023-11-27

Snippet: petition, but we need only focus on one. See § 39.802(4)(a), Fla. Stat. (“A petition for termination

M.M.W., THE MOTHER v. J.W., THE FATHER

Court: District Court of Appeal of Florida | Date Filed: 2022-08-03

Snippet: petition for termination of parental rights. 1 See § 39.802(1), Fla. 1 A sampling of the termination laws

V.R., GRANDPARENT v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: parental rights as to all four children under section 39.802, Florida Statutes (2020). Denise E. Kistner

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2021-09-02

Snippet: the children were adjudicated dependent. See § 39.802, Fla. Stat. (2019). DCF alleged sections 39.806(1)(c)

Y.H.B., THE GRANDMOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-11

Snippet: of J.H.’s rights, and we agree. Although section 39.802(1), Florida Statutes (2018) would allow the maternal

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

Court: District Court of Appeal of Florida | Date Filed: 2019-01-04

Citation: 263 So. 3d 202

Snippet: the manifest best interests of the child. See § 39.802(4)(a), (c); Padgett v. Dep't of Health &

D.G. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Citation: 250 So. 3d 871

Snippet: relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017) ; S.D. v. Dep't of Child

D.G. v. DCF

Court: District Court of Appeal of Florida | Date Filed: 2018-08-13

Snippet: relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017); S.D. v. Dep’t of Child

Florida Dept. of Children & Families, et.al. v. A.R. and R.L., Parents

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 253 So. 3d 1158

Snippet: sections 39.806(1)(f)-(g). See § 39.802(5), Fla. Stat. (2017) (“When a petition for termination

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

Court: Supreme Court of Florida | Date Filed: 2016-09-01

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

Snippet: termination under the section has been established. § 39.802(4)(a), Fla. Stat. (2016). In ■ pertinent part,

J.F. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-01-15

Citation: 198 So. 3d 706, 2016 WL 166669

Snippet: Statutes (2014), we affirm.' See § ,39.802(4)(a) (requiring the trial court to find by clear

D.S., the Father v. Department of Children And Families

Court: District Court of Appeal of Florida | Date Filed: 2015-04-22

Citation: 164 So. 3d 29, 2015 WL 1810315

Snippet: best interests of the child. See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). Termination

K.D. v. Department of Children & Family Services & Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2014-02-05

Citation: 132 So. 3d 877, 2014 WL 444022, 2014 Fla. App. LEXIS 1425

Snippet: State to terminate parental rights under section 39.802(4), Florida Statutes (2009). . We limit this

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: See ch.2012-81, § 1, Laws of Fla. (amending § 39.802(4)); ch.2012-84, § 2, Laws of Fla. (amending §

A.J. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2012-10-24

Citation: 126 So. 3d 1212, 2012 WL 5232322, 2012 Fla. App. LEXIS 18506

Snippet: goal of reunification in termination cases. See § 39.802(5), Fla. Stat. (2010). Further, "[rjeasonable efforts

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2012-10-11

Citation: 101 So. 3d 368, 37 Fla. L. Weekly Supp. 629, 2012 Fla. LEXIS 2676, 2012 WL 4815471

Snippet: chapter 2012-81, Laws of Florida, amending section 39.802(4), Florida Statutes.

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

Court: District Court of Appeal of Florida | Date Filed: 2012-05-09

Citation: 88 So. 3d 977, 2012 WL 1605425

Snippet: interests of the children under section 39.810.2 §§ 39.802(4), 39.809(1). In order to protect the parents’

K.R.L. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2012-03-14

Citation: 83 So. 3d 936, 2012 WL 832827, 2012 Fla. App. LEXIS 4064

Snippet: the manifest best interests of the child. See § 39.802(4)(a), (c), Fla. Stat. (2010); Padgett v. Dep’t