Florida Statute 39.809 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.809

39.809 Adjudicatory hearing.—

(1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.

(2) The adjudicatory hearing must be held within 45 days after the advisory hearing, but reasonable continuances for the purpose of investigation, discovery, or procuring counsel or witnesses may, when necessary, be granted.

(3) The adjudicatory hearing must be conducted by the judge without a jury, applying the rules of evidence in use in civil cases and adjourning the case from time to time as necessary. For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge may consider in-court testimony previously given at any properly noticed hearing, without regard to the availability or unavailability of the witness at the time of the actual adjudicatory hearing, if the recorded testimony itself is made available to the judge. Consideration of such testimony does not preclude the witness being subpoenaed to answer supplemental questions.

(4) All hearings involving termination of parental rights are confidential and closed to the public. Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The child and the parents may be examined separately and apart from each other.

(5) The judge shall enter a written order with the findings of fact and conclusions of law.

History.—s. 9, ch. 87-289; s. 19, ch. 90-306; ss. 8, 10, ch. 92-158; s. 38, ch. 94-164; s. 91, ch. 98-403.

Note.—Former s. 39.467.

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F.S. 39.809 on Casetext

Amendments to 39.809

Arrestable Offenses / Crimes under Fla. Stat. 39.809

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.809.

Annotations, Discussions, Cases:

Cases Citing Statute 39.809

Total Results: 20

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: exists. See § 39.806(1), Fla. Stat. (2021); § 39.809(1), Fla. Stat. (2021) (“In a hearing on a petition

Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C.

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: exists. See § 39.806(1), Fla. Stat. (2021); § 39.809(1), Fla. Stat. (2021) (“In a hearing on a petition

DEPARTMENT OF CHILDREN AND FAMILIES vs S.S.L. AND M.D., PARENTS OF O.D., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2022-12-08

Snippet: elements by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2021); E.K. v. Dep’t of Child

In Re: Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-14

Snippet: Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes. RULE 8.260. ORDERS

A.P., mother of J.F., F.S., M.D. and M.D., Jr., minor children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2021-09-02

Snippet: six days and concluding August 10, 2020. See § 39.809, Fla. Stat. (2019). That first order tracked the

J.O., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-06-09

Snippet: abandonment and making the required findings. See § 39.809(5), Fla. Stat. (2020) (requiring order on adjudicatory

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

Court: District Court of Appeal of Florida | Date Filed: 2019-05-30

Citation: 273 So. 3d 1016

Snippet: is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2000)][.]” C.C. v. Dep’t of Children

R.D.S. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2018-12-31

Citation: 263 So. 3d 183

Snippet: Hospital Counsel's Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this clear

R.D.S. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2018-12-31

Citation: 263 So. 3d 183

Snippet: Hospital Counsel's Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this clear

R.D.S. and T.D.S. v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Snippet: Hospital Counsel’s Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this clear

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 253 So. 3d 1158

Snippet: child's best interests to do so. See § 39.809(5), Fla. Stat. (2009); In re L.H.

Guardian Ad Litem Program v. C.W. (In re X.W.)

Court: District Court of Appeal of Florida | Date Filed: 2018-02-09

Citation: 255 So. 3d 882

Snippet: case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following

GUARDIAN AD LITEM PROGRAM v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2018-02-09

Snippet: case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following

A.M., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2017-07-19

Citation: 223 So. 3d 312, 2017 WL 3085350, 2017 Fla. App. LEXIS 10455

Snippet: diminishing the risk of error. See §§ 39.807, 39.809, Fla. Stat. (2015). Finally, we must consider

S.D. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 208 So. 3d 320, 2017 Fla. App. LEXIS 37

Snippet: evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption

S.D. v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2016-11-30

Snippet: evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption

R.W.M. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2015-12-18

Snippet: So. 2d 1020, 1023 (Fla. 2d DCA 2001). See also § 39.809(1), Fla. Stat. (2014). Furthermore, the trial

W.L., The Mother v. Department Of Children And Families

Court: District Court of Appeal of Florida | Date Filed: 2015-08-19

Citation: 172 So. 3d 562, 2015 Fla. App. LEXIS 12455

Snippet: to orders terminating parental rights, section 39.809(5), Florida Statutes (2013), requires trial courts

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: 701(judicial review); 39.808 (advisory and pretrial); 39.809 (termination adjudicatory), Fla. Stat. (2014).

S.B. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2014-03-03

Citation: 132 So. 3d 1243, 2014 Fla. App. LEXIS 2954, 2014 WL 825240

Snippet: parental rights by clear and convincing evidence. § 39.809(1), Fla. Stat. (2013). We review the circuit court’s