Florida Statute 39.803 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

View Entire Chapter

F.S. 39.803

39.803 Identity or location of parent unknown after filing of termination of parental rights petition; special procedures.—

(1) If the identity or location of a parent is unknown and a petition for termination of parental rights is filed, the court shall conduct under oath the following inquiry of the parent who is available, or, if no parent is available, of any relative, caregiver, or legal custodian of the child who is present at the hearing and likely to have the information:

(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.

(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.

(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.

(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.

(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.

(f) Whether a man is named on the birth certificate of the child pursuant to s. 382.013(2).

(g) Whether a man has been determined by a court order to be the father of the child.

(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s. 409.256.

(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.

(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent, the court shall require notice of the hearing to be provided to that person.

(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice.

(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling an adjudicatory hearing regarding the petition for termination of parental rights to the child unless the court finds that the best interest of the child requires proceeding without actual notice to the person whose location is unknown.

(6) The diligent search required by subsection (5) must include, at a minimum, inquiries of all known relatives of the parent or prospective parent, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies. Pursuant to s. 453 of the Social Security Act, 42 U.S.C. s. 653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.

(7) Any agency contacted by petitioner with a request for information pursuant to subsection (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.

(8) If the inquiry and diligent search identifies a prospective parent, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department. A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in the termination of parental rights proceeding for the child shall be considered a parent for all purposes under this section.

(9) If the diligent search under subsection (5) fails to identify and locate a prospective parent, the court shall so find and may proceed without further notice.

History.—s. 85, ch. 98-403; s. 33, ch. 2000-139; s. 22, ch. 2017-151.

F.S. 39.803 on Google Scholar

F.S. 39.803 on Casetext

Amendments to 39.803

Arrestable Offenses / Crimes under Fla. Stat. 39.803

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.803.

Annotations, Discussions, Cases:

Cases Citing Statute 39.803

Total Results: 9

D.N., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-07-24

Snippet: 83 So. 3d 936, 938 (Fla. 3d DCA 2012) (citing § 39.803(2), Fla. Stat. (2010)). Egregious conduct is defined

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2015-04-01

Citation: 162 So. 3d 335, 2015 Fla. App. LEXIS 4764

Snippet: petitions for termination of parental rights. Section 39.803, Florida Statutes (2014), prescribes the inquiry

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: to prevent egregious conduct toward the child. § 39.803(2), Fla. Stat. (2010). Arguing that proposition

DM v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2010-04-08

Citation: 31 So. 3d 945, 2010 Fla. App. LEXIS 4700, 2010 WL 1404087

Snippet: that the trial court failed to comply with section 39.803, Florida Statutes (2009), and the Department of

L.J. v. A.S.

Court: District Court of Appeal of Florida | Date Filed: 2010-02-03

Citation: 25 So. 3d 1284

Snippet: of them and believes that they are true”), and § 39.803(5) (providing that in a proceeding for termination

Lj v. As

Court: District Court of Appeal of Florida | Date Filed: 2010-02-03

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

Snippet: of them and believes that they are true"), and § 39.803(5) (providing that in a proceeding for termination

Dept. of Children and Families v. JJE

Court: District Court of Appeal of Florida | Date Filed: 2007-03-30

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

Snippet: known but his or her whereabouts are not, section 39.803(5) Florida Statues (2006), requires a court to

Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2005-01-27

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

Snippet: identities are known, in conformance with section 39.803(1) and (4), Florida Statutes (2004). We further

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

Court: District Court of Appeal of Florida | Date Filed: 2004-10-06

Citation: 883 So. 2d 910, 2004 Fla. App. LEXIS 14636

Snippet: terminated the rights of this unknown father. See § 39.803(4), Fla. Stat. (2002). At the time the judgment