Florida Statutes

Fla. Stat. § 39.808 (2025)

Advisory hearing; pretrial status conference.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 18 cases, 2000–2019 · leading case: CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003).

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CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003). · cites it 2× “Section 39.808(2), Florida Statutes (2002), requires the court to appoint a guardian ad litem to represent a child's best interest in any termination proceeding.”

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). · cites it 3× “§ 39.808(1),(2), Fla. Stat. (1999); Fla. R.”

TCB v. Dept. of Child. & Families, 816 So. 2d 194 (Fla. 1st DCA 2002). · cites it 2× “§ 39.808(4), Fla. Stat. (2000); § 39.809(1), (3), Fla.”

S.S. v. State, Dep't of Child. & Fam. Servs., 976 So. 2d 41 (Fla. 3d DCA 2008). · cites it 2× “, is a mother appealing a final judgment terminating her parental rights to her minor son following her failure to appear at an advisory hearing scheduled pursuant to section 39.808, Florida Statutes (2006). The advisory hearing was to address a second termination of parental…”

H.D. v. J.L.D., 16 So. 3d 334 (Fla. 4th DCA 2009). · cites it 8× “Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides, “An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all…”

CJ v. Dep't of Child. & Families, 756 So. 2d 1108 (Fla. 3d DCA 2000). “Depending on the complexity of the issues and whether the death penalty is involved, this type of case can take anywhere from one to three years to be trial ready.”

Gs v. Dept. of Child. & Fam. Serv., 838 So. 2d 1221 (Fla. 3d DCA 2003). · cites it 2× “*1222 Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights proceeding, if one has not already been appointed.”

M.C. v. State, Dep't of Child. & Families, 797 So. 2d 1273 (Fla. 1st DCA 2001). · cites it 2× “Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.”

Hd v. Jld, 16 So. 3d 334 (Fla. 4th DCA 2009). · cites it 8× “Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides, "An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all…”

In re Proposed Amendment to Florida Rule of Jud. Admin. 2.052(a), 770 So. 2d 152 (Fla. 2000). · cites it 2× “, § 39.808, Fla.Stat. (1999) (setting strict time standards for termination of parental rights proceedings).”

P.E. v. Dep't of Child. & Fam. Servs., 3 So. 3d 341 (Fla. 2d DCA 2008). “Section 39.808(4) provides that when a written surrender and consent is entered, there is no need for an advisory hearing, implying that the “consent” satisfies the requirement to prove a ground for termination.”

In Re Wc, 797 So. 2d 1273 (Fla. 1st DCA 2001). · cites it 2× “Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.”

Show all 18 citing cases →

— 39.808(1) — 3 cases

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). “§ 39.808(1),(2), Fla. Stat. (1999); Fla. R.”

H.D. v. J.L.D., 16 So. 3d 334 (Fla. 4th DCA 2009). “Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides, “An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all…”

Hd v. Jld, 16 So. 3d 334 (Fla. 4th DCA 2009). “Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides, "An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all…”

— 39.808(2) — 6 cases

CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003). “Section 39.808(2), Florida Statutes (2002), requires the court to appoint a guardian ad litem to represent a child's best interest in any termination proceeding.”

Gs v. Dept. of Child. & Fam. Serv., 838 So. 2d 1221 (Fla. 3d DCA 2003). “*1222 Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights proceeding, if one has not already been appointed.”

M.C. v. State, Dep't of Child. & Families, 797 So. 2d 1273 (Fla. 1st DCA 2001). “Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.”

In Re Wc, 797 So. 2d 1273 (Fla. 1st DCA 2001). “Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.”

R.A. v. Dep't of Child. & Families, 83 So. 3d 841 (Fla. 5th DCA 2011).

— 39.808(4) — 6 cases

TCB v. Dept. of Child. & Families, 816 So. 2d 194 (Fla. 1st DCA 2002). “§ 39.808(4), Fla. Stat. (2000); § 39.809(1), (3), Fla.”

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). “§ 39.808(1),(2), Fla. Stat. (1999); Fla. R.”

— 39.808(d) — 1 case

G.O. v. Dep't of Child. & Families, 100 So. 3d 232 (Fla. 3d DCA 2012).

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