Florida Statute 39.808 - 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. 39.808

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.

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Amendments to 39.808

Annotations, Discussions, Cases:

Cases Citing Statute 39.808

Total Results: 17

CM v. Dept. of Children and Family Services

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

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1460104

Cited 13 times | Published

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

TCB v. Dept. of Children and Families

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

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 1753470

Cited 4 times | Published

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

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

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

In Re WC

797 So. 2d 1273, 2001 WL 1328427

District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 1359940

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 60246761

Cited 2 times | Published

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

Gs v. Dept. of Children & Family Serv.

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

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1513737

Cited 2 times | Published

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

In Re HE

3 So. 3d 341

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

Cited 1 times | Published

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

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

269 So. 3d 642

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 15005010

Published

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

A.F. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447572

Published

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

G.O. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225724

Published

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

R.A. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Dec 13, 2011 | Docket: 60306506

Published

E.L., 732 So.2d 37, 39 (Fla. 2d DCA 1999). See § 39.808(2), Fla. Stat.; Fla. R. Juv. P. 8.510(a)(2). Further

Hd v. Jld

16 So. 3d 334, 2009 WL 2949331

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 384468

Published

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

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

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

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

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

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 64854006

Published

at an advisory hearing scheduled pursuant to section 39.808, Florida Statutes (2006). The advisory hearing

Lh v. Dept. of Children and Family

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

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 1725214

Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 30, 2001 | Docket: 64809665

Published

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

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

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

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 64801320

Published

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