Florida Statutes

Fla. Stat. § 39.809 (2025)

Adjudicatory hearing.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 70 cases (5 in the last 5 years), 1999–2026 · leading case: Nat. Parents of JB v. FLORIDA DCFS., 780 So. 2d 6 (Fla. 2001).

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Nat. Parents of JB v. FLORIDA DCFS., 780 So. 2d 6 (Fla. 2001). · cites it 10× “[2] See § 39.809(4), Fla. Stat. (2000). [3] Section 39.”

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). · cites it 6× “had been abandoned, abused, or neglected by Appellant; that no parent or legal custodian was available and capable of providing adequate care; that the child was at substantial risk of imminent abuse, abandonment, or neglect by Appellant if termination did not occur; and that…”

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). · cites it 2× “§ 39.809(1), Fla. Stat. (2002); § 39.811(2), Fla.”

Nl v. Dept. of Child. & Fam. Ser., 843 So. 2d 996 (Fla. 1st DCA 2003). · cites it 2× “" Standard of Review We are obliged to affirm the termination of parental rights if DCFS has met its burden to present clear and convincing evidence of a statutory ground for terminating parental rights, along with clear and convincing evidence that terminating parental rights…”

NS v. Dep't of Child. & Families, 36 So. 3d 776 (Fla. 3d DCA 2010). · cites it 4× “See § 39.809(1), Fla. Stat. (2009); N.L. v. Dep't of Children & Family Servs.”

LB v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002). · cites it 2× “806(1)(c), when a parent engages in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional *1194 health of the…”

Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002). · cites it 2× “See § 39.809(5), Fla. Stat. (2000); In re L.H.”

Florida Dept. of Child. & Families, et.al. v. A.R. & R.L., Parents, 253 So. 3d 1158 (Fla. 3d DCA 2018). · cites it 2× “Dep't of Children & Family Services: Full and accurate fact finding is essential not only on the question whether DCF has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so.”

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). · cites it 4× “§ 39.809(1). Furthermore, the adjudicatory hearing must be conducted by the judge, without a jury, in a closed proceeding.”

J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009). · cites it 2× “See also § 39.809(4), Fla. Stat. (2006) (requiring trial judges to enter “written order[s] with the findings and facts and conclusions of law” after hearings on petitions for termination of parental rights).”

TCB v. Dept. of Child. & Families, 816 So. 2d 194 (Fla. 1st DCA 2002). · cites it 3× “policy and contravenes the legislative intent of chapter 39, Florida Statutes (2000); her signed surrenders of her children were executed under duress and withdrawn; and her due process rights were violated because the statutory elements necessary for termination of parental…”

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007). · cites it 2× “2d DCA 2004). It is at the adjudicatory hearing that the trial court considers the elements required for termination of parental rights; due process requires that each element be proved by clear and convincing evidence.”

Show all 70 citing cases →

— 39.809(1) — 42 cases

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “§ 39.809(1), Fla. Stat. (2002); § 39.811(2), Fla.”

Nl v. Dept. of Child. & Fam. Ser., 843 So. 2d 996 (Fla. 1st DCA 2003). “" Standard of Review We are obliged to affirm the termination of parental rights if DCFS has met its burden to present clear and convincing evidence of a statutory ground for terminating parental rights, along with clear and convincing evidence that terminating parental rights…”

NS v. Dep't of Child. & Families, 36 So. 3d 776 (Fla. 3d DCA 2010). “See § 39.809(1), Fla. Stat. (2009); N.L. v. Dep't of Children & Family Servs.”

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). “had been abandoned, abused, or neglected by Appellant; that no parent or legal custodian was available and capable of providing adequate care; that the child was at substantial risk of imminent abuse, abandonment, or neglect by Appellant if termination did not occur; and that…”

LB v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002). “806(1)(c), when a parent engages in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional *1194 health of the…”

— 39.809(2) — 1 case

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002). “§ 39.809(1). Furthermore, the adjudicatory hearing must be conducted by the judge, without a jury, in a closed proceeding.”

— 39.809(3) — 5 cases

Guardian Ad Litem Prog. v. C.W. (In re X.W.), 255 So. 3d 882 (Fla. 2d DCA 2018).

KC v. Dep't of Child. & Families, 800 So. 2d 676 (Fla. 5th DCA 2001).

Guardian Ad Litem Prog. v. In the Interest of K.D., 864 So. 2d 1213 (Fla. 4th DCA 2004).

Guardian Ad Litem Prog. v. Dept. of Child. & Families (Fla. 2d DCA 2018).

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

— 39.809(4) — 7 cases

Nat. Parents of JB v. FLORIDA DCFS., 780 So. 2d 6 (Fla. 2001). “[2] See § 39.809(4), Fla. Stat. (2000). [3] Section 39.”

J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009). “See also § 39.809(4), Fla. Stat. (2006) (requiring trial judges to enter “written order[s] with the findings and facts and conclusions of law” after hearings on petitions for termination of parental rights).”

DCFS v. Nat. Parents of JB, 736 So. 2d 111 (Fla. 4th DCA 1999).

R.D.S. & T.D.S. v. Dept. of Child. & Families (Fla. 3d DCA 2018).

R.D.S. v. Dep't of Child. & Families, 263 So. 3d 183 (Fla. 3d DCA 2018).

— 39.809(5) — 16 cases

Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002). “See § 39.809(5), Fla. Stat. (2000); In re L.H.”

Florida Dept. of Child. & Families, et.al. v. A.R. & R.L., Parents, 253 So. 3d 1158 (Fla. 3d DCA 2018). “Dep't of Children & Family Services: Full and accurate fact finding is essential not only on the question whether DCF has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so.”

PJ v. Dep't of Child. & Families, 783 So. 2d 1148 (Fla. 5th DCA 2001).

K.R.L. v. Dep't of Child. & Fam. Servs., 83 So. 3d 936 (Fla. 3d DCA 2012).

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