Florida Statute 39.802 - 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. 39.802

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 CourtListener

Amendments to 39.802

Annotations, Discussions, Cases:

Cases Citing Statute 39.802

Total Results: 47

Florida Dcfs v. Pe

14 So. 3d 228

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

Cited 27 times | Published

of the relevant statutory provisions. Under section 39.802, Florida Statutes (2007), the operation of

Cc v. Dept. of Children & Family Services

812 So. 2d 520, 2002 Fla. App. LEXIS 3778

District Court of Appeal of Florida | Filed: Mar 25, 2002 | Docket: 1716260

Cited 17 times | Published

*522 breached the provisions of the case plan." § 39.802(8), Fla. Stat. (2000). DCFS did not allege that

In Re LBW

863 So. 2d 480, 2004 WL 86188

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1728644

Cited 9 times | Published

suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination

CM v. Department of Children and Families

953 So. 2d 547, 2007 WL 412790

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1338275

Cited 8 times | Published

rights involves two key determinations under section 39.802, Florida Statutes (2004): 1) whether the Department

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

49 So. 3d 846, 2010 Fla. App. LEXIS 19079

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60296870

Cited 7 times | Published

the manifest best interests of the children. See § 39.802(4)(a), (c); T.L. v. Dep’t of Children & Family

AW v. Department of Children and Families

969 So. 2d 496, 2007 WL 4105543

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1726011

Cited 7 times | Published

protect B.W. from serious harm. Pursuant to section 39.802, Florida Statutes (2006), the Department initiated

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

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

TC v. Department of Children and Families

961 So. 2d 1060, 2007 Fla. App. LEXIS 11398, 2007 WL 2119245

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 468752

Cited 6 times | Published

support the mother's claim in this regard. Section 39.802(8), Florida Statutes, provides: If the department

TP v. Department of Children and Families

860 So. 2d 1084, 2003 Fla. App. LEXIS 18798, 2003 WL 22927152

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 454635

Cited 5 times | Published

interests of the child." (Emphasis added). Section 39.802(4), Florida Statutes, requires that a petition

Lj v. As

25 So. 3d 1284, 2010 Fla. App. LEXIS 900, 2010 WL 364502

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1661816

Cited 4 times | Published

action to terminate the parental rights of M.A. See § 39.802(1), Fla. Stat. (2009) (stating that all proceedings

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

the facts alleged and believes them to be true. § 39.802(1), Fla. Stat. (1999); Fla. R. Juv. P. 8.500.

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

253 So. 3d 1158

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7593340

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306540

Cited 3 times | Published

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

In Re Dad II

903 So. 2d 1034, 2005 WL 1412052

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 1675380

Cited 3 times | Published

parent a case plan with a goal of reunification. § 39.802(5). When any ground for termination is proved

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

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

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238560

Cited 2 times | Published

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

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

80 So. 3d 438, 2012 WL 556167, 2012 Fla. App. LEXIS 2671

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 2521130

Cited 2 times | Published

as an alternative ground for termination. See § 39.802(4)(a), Fla. Stat. (2010); cf. A.H. v. Dep't of

L.J. v. A.S.

25 So. 3d 1284

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 60287513

Cited 2 times | Published

action to terminate the parental rights of M.A. See § 39.802(1), Fla. Stat. (2009) (stating that all proceedings

WS v. Department of Children and Families

961 So. 2d 1131, 2007 WL 2254682

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 468782

Cited 2 times | Published

of the ground is alleged in the pleading. See § 39.802(4)(a), Fla. Stat. ("A petition for termination

T.M.W. v. T.A.C.

80 So. 3d 1103, 2012 WL 591671, 2012 Fla. App. LEXIS 2900

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305638

Cited 1 times | Published

represented by counsel for the TPR proceedings. Section 39.802(1), Florida Statutes (2010) provides that:

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

of the relevant statutory provisions. Under section 39.802, Florida Statutes (2007), the operation of

In Re HE

3 So. 3d 341

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

Cited 1 times | Published

grounds alleged in the petition for termination. Section 39.802(4), Florida Statutes (2007), requires that

AA v. Department of Children and Families

852 So. 2d 318, 2003 WL 21750081

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1711020

Cited 1 times | Published

would be served by the granting of the petition." § 39.802(4)(a) & (c), Fla. Stat. (2002). Section 39.810

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

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68042701

Published

petition. Id. at 324. We stated: Although section 39.802(1), Florida Statutes (2018) would allow

J.M. v. Department of Children and Families

District Court of Appeal of Florida | Filed: Nov 27, 2023 | Docket: 68033828

Published

the 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

District Court of Appeal of Florida | Filed: Aug 3, 2022 | Docket: 64865304

Published

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

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385575

Published

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

District Court of Appeal of Florida | Filed: Sep 2, 2021 | Docket: 60334865

Published

after 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

District Court of Appeal of Florida | Filed: Sep 11, 2019 | Docket: 16180767

Published

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

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

263 So. 3d 202

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 8472881

Published

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

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

263 So. 3d 202

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 8472881

Published

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

250 So. 3d 871

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 64684285

Published

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

District Court of Appeal of Florida | Filed: Aug 13, 2018 | Docket: 7738820

Published

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

J.F. v. Department of Children & Families

198 So. 3d 706, 2016 WL 166669

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 3028648

Published

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

In re Amendments to the Florida Rules of Juvenile Procedure

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

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

amendments. 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

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

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236266

Published

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

In re Amendments to the Florida Rules of Juvenile Procedure

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

Supreme Court of Florida | Filed: Oct 11, 2012 | Docket: 60226269

Published

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

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

88 So. 3d 977, 2012 WL 1605425

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308468

Published

dependent in any prior dependency proceeding. § 39.802(4)(b). Because DCF filed an expedited petition

Tmw v. Tac

80 So. 3d 1103, 2012 WL 591671

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 2414399

Published

represented by counsel for the TPR proceedings. Section 39.802(1), Florida Statutes (2010) provides that:

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

grounds alleged in the petition for termination. Section 39.802(4), Florida Statutes (2007), requires that

S.D. v. Department of Children & Families

967 So. 2d 1016, 2007 Fla. App. LEXIS 17257, 2007 WL 3170468

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64853018

Published

proceeding is invoked by the filing of a petition. See § 39.802(1), Fla. Stat. (“[a]ll proceedings seeking an

T.V.R. v. C.R.

918 So. 2d 395, 2006 Fla. App. LEXIS 339, 2006 WL 119431

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 64841765

Published

troubling from an equitable standpoint, but section 39.802(1), Florida Statutes (2002), permits the filing

M.D.M. v. Department of Children & Families

914 So. 2d 1005, 2005 Fla. App. LEXIS 17210, 2005 WL 2861452

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840941

Published

supported by competent, substantial evidence. § 39.802, .806(l)(b), Fla. Stat. (2005); V.G. v. Dep’t

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

903 So. 2d 1034, 2005 Fla. App. LEXIS 9392

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 64838968

Published

parent a case plan with a goal of reunification. § 39.802(5). When any ground for termination is proved

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

parental rights, thereby conforming the rule to section 39.802(1), Florida Statutes (2004), which was amended

Guardian Ad Litem Program v. In the Interest of K.D.

864 So. 2d 1213, 2004 Fla. App. LEXIS 428, 2004 WL 89185

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827849

Published

informed of them and believes that they are true.” § 39.802(1), Fla. Stat. (2002); see Fla. R. Juv. P. 8.500(a)(2)

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

863 So. 2d 480, 2004 Fla. App. LEXIS 419

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827499

Published

suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination

Jm v. Florida Dept. of Children & Fam.

762 So. 2d 1029, 2000 Fla. App. LEXIS 9030, 2000 WL 986409

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1311023

Published

breached the provisions of the case plan. Id. § 39.802(8) (emphasis added). Thus, the petition in this