Florida Statute 39.808 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.808

39.808 Advisory hearing; pretrial status conference.—

(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.

(2) At the hearing the court shall inform the parties of their rights under s. 39.807, appoint counsel for the parties in accordance with legal requirements, and appoint a guardian ad litem to represent the child if one has not already been appointed.

(3) The court shall set a date for an adjudicatory hearing to be held within 45 days after the advisory hearing, unless all of the necessary parties agree to some other hearing date.

(4) An advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of parental rights. Adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition. Notice of the use of this subsection must be filed with the court at the same time as the filing of the petition to terminate parental rights.

(5) Not less than 10 days before the adjudicatory hearing on a petition for involuntary termination of parental rights, the court shall conduct a pretrial status conference to determine the order in which each party may present witnesses or evidence, the order in which cross-examination and argument shall occur, and any other matters that may aid in the conduct of the adjudicatory hearing to prevent any undue delay in the conduct of the adjudicatory hearing.

History.—s. 9, ch. 87-289; s. 33, ch. 88-337; s. 18, ch. 90-306; s. 37, ch. 94-164; s. 90, ch. 98-403; s. 47, ch. 99-193; s. 27, ch. 2024-70.

Note.—Former s. 39.466.

F.S. 39.808 on Google Scholar

F.S. 39.808 on Casetext

Amendments to 39.808

Arrestable Offenses / Crimes under Fla. Stat. 39.808

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.808.

Annotations, Discussions, Cases:

Cases Citing Statute 39.808

Total Results: 19

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

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 269 So. 3d 642

Snippet: ultimately setting the adjudicatory hearing. See § 39.808, Fla. Stat. (2018). The failure of a parent to

J.B., Etc. v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2015-07-09

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 (advisory and pretrial); 39.809 (termination adjudicatory)

A.F. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 178 So. 3d 899, 2014 Fla. App. LEXIS 16836, 2014 WL 5151623

Snippet: position, the Mother directs this Court to section 39.808(2) of the Florida Statutes (2012) and Florida -Rule

G.O. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2012-10-31

Citation: 100 So. 3d 232, 2012 Fla. App. LEXIS 18883, 2012 WL 5349993

Snippet: being served with a summons. Pursuant to section 39.808(d), Florida Statutes (2011), the general magistrate

R.A. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2011-12-13

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

Snippet: rather than the plural. See §§ 39.801(3)(a), (d), 39.808(l)-(3); Fla. R. Juv. P. 8.510(a)(1), (3), 8.525(b)

H.D. v. J.L.D.

Court: District Court of Appeal of Florida | Date Filed: 2009-09-16

Citation: 16 So. 3d 334, 2009 Fla. App. LEXIS 13742

Snippet: schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides

Hd v. Jld

Court: District Court of Appeal of Florida | Date Filed: 2009-09-16

Citation: 16 So. 3d 334, 2009 WL 2949331

Snippet: schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides

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

Court: District Court of Appeal of Florida | Date Filed: 2008-12-03

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

Snippet: such additional evidence is not required. Section 39.808(4) provides that when a written surrender and consent

In Re HE

Court: District Court of Appeal of Florida | Date Filed: 2008-12-03

Citation: 3 So. 3d 341

Snippet: such additional evidence is not required. Section 39.808(4) provides that when a written surrender and consent

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

Court: District Court of Appeal of Florida | Date Filed: 2008-01-30

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

Snippet: advisory hearing scheduled pursuant to section 39.808, Florida Statutes (2006). The advisory hearing

Lh v. Dept. of Children and Family

Court: District Court of Appeal of Florida | Date Filed: 2006-11-22

Citation: 945 So. 2d 537, 2006 Fla. App. LEXIS 19554, 2006 WL 3375389

Snippet: 2006. The trial date has not yet been set. Section 39.808, Florida Statutes (2005), which governs advisory

CM v. Dept. of Children and Family Services

Court: District Court of Appeal of Florida | Date Filed: 2003-09-03

Citation: 854 So. 2d 777, 2003 Fla. App. LEXIS 13177, 2003 WL 22047876

Snippet: appointed to represent the children's interest. Section 39.808(2), Florida Statutes (2002), requires the court

Gs v. Dept. of Children & Family Serv.

Court: District Court of Appeal of Florida | Date Filed: 2003-03-05

Citation: 838 So. 2d 1221, 2003 Fla. App. LEXIS 2603, 2003 WL 729213

Snippet: guardian ad litem was ever appointed. *1222 Section 39.808(2), Florida Statutes (2000), requires the trial

TCB v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2002-05-07

Citation: 816 So. 2d 194, 2002 Fla. App. LEXIS 6111

Snippet: the rules of evidence applied in civil cases. § 39.808(4), Fla. Stat. (2000); § 39.809(1), (3), Fla. Stat

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

Court: District Court of Appeal of Florida | Date Filed: 2002-02-27

Citation: 807 So. 2d 810, 2002 WL 270699

Snippet: court shall inform the parties of their rights. § 39.808(1),(2), Fla. Stat. (1999); Fla. R. Juv. P. 8.510

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

Court: District Court of Appeal of Florida | Date Filed: 2001-10-30

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

Snippet: to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held

In Re WC

Court: District Court of Appeal of Florida | Date Filed: 2001-10-30

Citation: 797 So. 2d 1273, 2001 WL 1328427

Snippet: to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held

In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a)

Court: Supreme Court of Florida | Date Filed: 2000-07-13

Citation: 770 So. 2d 152, 25 Fla. L. Weekly Supp. 606, 2000 Fla. LEXIS 1461, 2000 WL 963895

Snippet: of placement in foster care). . See, e.g., § 39.808, Fla.Stat. (1999) (setting strict time standards

CJ v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2000-05-10

Citation: 756 So. 2d 1108, 2000 WL 561599

Snippet: placement at the earliest possible time. See §§ 39.808.810, Fla. Stat. (Supp.1998). The second consideration