Florida Statutes

Fla. Stat. § 39.802 (2025)

Petition for termination of parental rights; filing; elements.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 54 cases (6 in the last 5 years), 2000–2026 · leading case: S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016).

Sort: Relevance Newest Treatment

S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). · cites it 4× “§ 39.802(4)(a), Fla. Stat. (2016). In ■ pertinent part, the relevant grounds are: When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship…”

Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002). · cites it 4× “" § 39.802(8), Fla. Stat. (2000). DCFS did not allege that any breach of the agreement implementing the child welfare case plan was material, and the order terminating C.”

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). · cites it 2× “See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat.”

Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012). · cites it 5× “Chapter 39 expressly requires DCF to prove the following elements to support a termination of parental rights: (1) that at least one of the grounds set forth in section 39.”

Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009). · cites it 5× “Under section 39.802, Florida Statutes (2007), the operation of the provisions for *232 terminating a parent’s parental rights begins with the filing of a petition.”

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). · cites it 2× “Pursuant to section 39.802, Florida Statutes (2006), the Department initiated proceedings to terminate Appellant's parental rights based on her failure to complete the case plan and the continuing risk of serious harm to B.”

TC v. Dep't of Child. & Families, 961 So. 2d 1060 (Fla. 4th DCA 2007). · cites it 2× “Section 39.802(8), Florida Statutes, provides: 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…”

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007). · cites it 2× “The judicial decision whether to terminate parental rights involves two key determinations under section 39.802, Florida Statutes (2004): 1) whether the Department has proved at least one of the grounds for termination set forth in section 39.”

BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). “Termination of the parental rights of a parent who has played a supportive and beneficial role in the child's life despite the disabilities of incarceration probably would not meet these additional statutory and constitutional criteria.”

TP v. Dep't of Child. & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003). · cites it 2× “Section 39.802(4), Florida Statutes, requires that a petition for termination allege the factual grounds for termination under section 39.”

WS v. Dep't of Child. & Families, 961 So. 2d 1131 (Fla. 4th DCA 2007). · cites it 2× “See § 39.802(4)(a), Fla. Stat. ("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.”

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). · cites it 2× “§ 39.802(1), Fla. Stat. (1999); Fla. R. Juv.”

Show all 54 citing cases →

— 39.802(1) — 13 cases

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). “§ 39.802(1), Fla. Stat. (1999); Fla. R. Juv.”

T.V.R. v. C.R., 918 So. 2d 395 (Fla. 2d DCA 2006).

L.J. v. A.S., 25 So. 3d 1284 (Fla. 2d DCA 2010).

AA v. Dep't of Child. & Families, 852 So. 2d 318 (Fla. 4th DCA 2003).

T.M.W. v. T.A.C., 80 So. 3d 1103 (Fla. 5th DCA 2012).

— 39.802(2) — 1 case

Guardian Ad Litem Prog. v. In the Interest of K.D., 864 So. 2d 1213 (Fla. 4th DCA 2004).

— 39.802(3) — 2 cases

Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009). “Under section 39.802, Florida Statutes (2007), the operation of the provisions for *232 terminating a parent’s parental rights begins with the filing of a petition.”

Florida Dcfs v. Pe, 14 So. 3d 228 (Fla. 2009).

— 39.802(4) — 13 cases

TP v. Dep't of Child. & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003). “Section 39.802(4), Florida Statutes, requires that a petition for termination allege the factual grounds for termination under section 39.”

Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012). “Chapter 39 expressly requires DCF to prove the following elements to support a termination of parental rights: (1) that at least one of the grounds set forth in section 39.”

K.D. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Prog., 132 So. 3d 877 (Fla. 2d DCA 2014).

V.W. v. Dep't of Child. & Fam. Servs., 863 So. 2d 480 (Fla. 2d DCA 2004).

— 39.802(4)(a) — 14 cases

S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “§ 39.802(4)(a), Fla. Stat. (2016). In ■ pertinent part, the relevant grounds are: When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship…”

WS v. Dep't of Child. & Families, 961 So. 2d 1131 (Fla. 4th DCA 2007). “See § 39.802(4)(a), Fla. Stat. ("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.”

Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010).

S.B. v. Dep't of Child. & Fam. Servs., 80 So. 3d 438 (Fla. 2d DCA 2012).

— 39.802(4)(b) — 3 cases

V.W. v. Dep't of Child. & Fam. Servs., 863 So. 2d 480 (Fla. 2d DCA 2004).

In Re Lbw, 863 So. 2d 480 (Fla. 2d DCA 2004).

— 39.802(4)(c) — 5 cases

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat.”

D.S., the Father v. Dep't of Child. & Families, 164 So. 3d 29 (Fla. 4th DCA 2015).

J.M. v. Dep't of Child. & Families (Fla. 1st DCA 2023).

— 39.802(5) — 7 cases

R.W.W. v. State, Dep't of Child. & Families, 788 So. 2d 1020 (Fla. 2d DCA 2001).

Cah v. Deppartment of Child. & Families, 830 So. 2d 939 (Fla. 4th DCA 2002).

D.A.D. v. Dep't of Child. & Fam. Servs., 903 So. 2d 1034 (Fla. 2d DCA 2005).

In Re Dad II, 903 So. 2d 1034 (Fla. 2d DCA 2005).

— 39.802(8) — 3 cases

Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002). “" § 39.802(8), Fla. Stat. (2000). DCFS did not allege that any breach of the agreement implementing the child welfare case plan was material, and the order terminating C.”

TC v. Dep't of Child. & Families, 961 So. 2d 1060 (Fla. 4th DCA 2007). “Section 39.802(8), Florida Statutes, provides: 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…”

Jm v. Florida Dept. of Child. & Fam., 762 So. 2d 1029 (Fla. 3d DCA 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.