Florida Statutes

Fla. Stat. § 39.811 (2025)

Powers of disposition; order of disposition.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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39.811 Powers of disposition; order of disposition.—

(1) If the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence, the court shall:

(a) If grounds for dependency have been established, adjudicate or readjudicate the child dependent and:

1. Enter an order placing or continuing the child in out-of-home care under a case plan; or

2. Enter an order returning the child to the parent or parents. The court shall retain jurisdiction over a child returned to the parent or parents for a period of 6 months, but, at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination as to whether its jurisdiction shall continue or be terminated.

(b) If grounds for dependency have not been established, dismiss the petition.

(2) If the child is in the custody of the department and the court finds that the grounds for termination of parental rights have been established by clear and convincing evidence, the court shall, by order, place the child in the custody of the department for the purpose of adoption.

(3) If the child is in the custody of one parent and the court finds that the grounds for termination of parental rights have been established for the remaining parent by clear and convincing evidence, the court shall enter an order terminating the rights of the parent for whom the grounds have been established and placing the child in the custody of the remaining parent, granting that parent sole parental responsibility for the child.

(4) If the child is neither in the custody of the department nor in the custody of a parent and the court finds that the grounds for termination of parental rights have been established for either or both parents, the court shall enter an order terminating parental rights for the parent or parents for whom the grounds for termination have been established and placing the child with the department or an appropriate legal custodian. If the parental rights of both parents have been terminated, or if the parental rights of only one parent have been terminated and the court makes specific findings based on evidence presented that placement with the remaining parent is likely to be harmful to the child, the court may order that the child be placed with a legal custodian other than the department after hearing evidence of the suitability of the intended placement. Suitability of the intended placement includes the fitness and capabilities of the proposed legal custodian to function as the primary caregiver for a particular child; and the compatibility of the child with the home in which the child is intended to be placed. If the court orders that a child be placed with a legal custodian under this subsection, the court shall appoint a legal custodian as the guardian for the child as provided in s. 744.3021 or s. 39.621. The court may modify the order placing the child in the custody of the legal custodian and revoke the guardianship established under s. 744.3021 or another relationship if the court subsequently finds the placement to be no longer in the best interest of the child.

(5) If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made. An order of termination of parental rights, whether based on parental consent or after notice served as prescribed in this part, permanently deprives the parents of any right to the child.

(6) The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances:

(a) If the child has only one surviving parent;

(b) If the identity of a prospective parent has been established as unknown after sworn testimony;

(d) If the protection of the child demands termination of the rights of a single parent; or

(e) If the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(1)(c), (d), (f), (g), (h), (i), (j), (k), (l), (m), or (n).

(7)(a) The termination of parental rights does not affect the rights of grandparents unless the court finds that continued visitation is not in the best interests of the child or that such visitation would interfere with the permanency goals for the child.

(b) If the court terminates parental rights, it may, as appropriate, order that the parents, siblings, or relatives of the parent whose rights are terminated be allowed to maintain some communication or contact with the child pending adoption if the best interests of the child support this continued communication or contact, except as provided in paragraph (a). If the court orders such continued communication or contact, which may include, but is not limited to, visits, letters, and cards or telephone calls, the nature and frequency of the communication or contact must be set forth in written order and may be reviewed upon motion of any party, or, for purposes of this subsection, an identified prospective adoptive parent. If a child is placed for adoption, the nature and frequency of the communication or contact must be reviewed by the court at the time the child is placed for adoption.

(8) If the court terminates parental rights, it shall, in its order of disposition, provide for a hearing, to be scheduled no later than 30 days after the date of disposition, in which the department shall provide to the court an amended case plan that identifies the permanency goal for the child. Reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child. Thereafter, until the adoption of the child is finalized or the child reaches the age of 18 years, whichever occurs first, the court shall hold hearings at 6-month intervals to review the progress being made toward permanency for the child.

(9) After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until the child is adopted. The court shall review the status of the child’s placement and the progress being made toward permanent adoptive placement. As part of this continuing jurisdiction, for good cause shown by the guardian ad litem for the child, the court may review the appropriateness of the adoptive placement of the child.

History.—s. 9, ch. 87-289; s. 34, ch. 88-337; s. 21, ch. 90-306; s. 73, ch. 91-45; s. 39, ch. 94-164; s. 2, ch. 97-226; s. 1, ch. 98-50; s. 93, ch. 98-403; s. 48, ch. 99-193; s. 37, ch. 2000-139; s. 4, ch. 2001-3; s. 27, ch. 2006-86; s. 28, ch. 2008-245; s. 2, ch. 2013-132; s. 24, ch. 2017-151; s. 12, ch. 2019-128.

Note.—Former s. 39.469.

Notes of Decisions

Cited in 102 cases (5 in the last 5 years), 1998–2026 · leading case: J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009).

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J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009). · cites it 17× “On remand, the trial court may implement any disposition permitted *1180 under section 39.811, provided that it supports the decision with specific and complete findings.”

Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012). · cites it 7× “If the court finds that DCF has not met its burden of proof, its powers of disposition are limited by section 39.811(1). If grounds for dependency have been established, the court is required to adjudicate the children dependent and enter an order either (1) continuing the…”

S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). · cites it 2× “See § 39.811(7)(b), Fla. Stat. (2016); Fla. Dep't of Children & Family Servs.”

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). · cites it 2× “(2002); § 39.811(2), Fla. Stat. (2002). Therefore, in every termination case whether based on the termination of rights in a sibling or another groundit is the burden of the petitioner, usually DCF, to establish by clear and convincing evidence that termination of parental…”

Buckner v. Fam. Servs. of Cent. Florida, 876 So. 2d 1285 (Fla. 5th DCA 2004). · cites it 6× “See §§ 39.811, 39.812, Fla. Stat. (2003). Section 39.”

JJ v. Dep't of Child. & Families, 886 So. 2d 1046 (Fla. 4th DCA 2004). · cites it 5× “Neither the Department nor the GAL support the trial court's ruling that section 39.811 is unconstitutional because it acts as an "improper limit on the powers of the court to fashion a proper remedy for the children.”

In Re Ed, 884 So. 2d 291 (Fla. 2d DCA 2004). · cites it 7× “Section 39.811(6) lists the "only" circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent.”

NS v. Dep't of Child. & Families, 36 So. 3d 776 (Fla. 3d DCA 2010). · cites it 4× “' fundamental right to parent, to which we as a society are pledged, I would reverse this case and remand it for re-adjudication of the children as dependent, without prejudice to the Department to re-institute termination proceedings, if appropriate, at such time as it is…”

B.K., The Father v. Dep't of Child. & Families, 166 So. 3d 866 (Fla. 4th DCA 2015). · cites it 4× “See § 39.811, Fla. Stat. (2013). Pursuant to section 39.”

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). · cites it 4× “In a separate disposition order pursuant to section 39.811, Florida Statutes (2006), the trial court determined that due to Appellant's own psychological and cognitive limitations, she is simply unable to parent B.”

Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). · cites it 4× “Because section 39.811 addresses the authority of the court 5 and not the duties of a petitioner, trial courts have the discretion to enter single-parent terminations where *857 the facts justify that result, even in the absence of a specific request by DCF.”

M.C. v. Dep't of Child. & Families, 186 So. 3d 74 (Fla. 3d DCA 2016). · cites it 3× “806(l)(f), and we remand for further proceedings pursuant to section 39.811, Florida Statutes (2015). Section 39.”

Show all 102 citing cases →

— 39.811(1) — 12 cases

JJ v. Dep't of Child. & Families, 886 So. 2d 1046 (Fla. 4th DCA 2004). “Neither the Department nor the GAL support the trial court's ruling that section 39.811 is unconstitutional because it acts as an "improper limit on the powers of the court to fashion a proper remedy for the children.”

Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012). “If the court finds that DCF has not met its burden of proof, its powers of disposition are limited by section 39.811(1). If grounds for dependency have been established, the court is required to adjudicate the children dependent and enter an order either (1) continuing the…”

M.C. v. Dep't of Child. & Families, 186 So. 3d 74 (Fla. 3d DCA 2016). “806(l)(f), and we remand for further proceedings pursuant to section 39.811, Florida Statutes (2015). Section 39.”

K.D. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Prog., 132 So. 3d 877 (Fla. 2d DCA 2014).

AC v. Dep't of Child. & Families, 798 So. 2d 32 (Fla. 4th DCA 2001).

— 39.811(1)(a) — 4 cases

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).

Dept. of Child. & Families v. F.a.p., the Mother (Fla. 4th DCA 2020).

— 39.811(1)(a)(1) — 1 case

K.J., the father v. Dep't of Child. & Families, 181 So. 3d 551 (Fla. 4th DCA 2015).

— 39.811(1)(a)(b) — 1 case

ES v. Dep't of Child. & Families, 836 So. 2d 1089 (Fla. 1st DCA 2003).

— 39.811(1)(b) — 1 case

K. E. v. Dept. of Child. & Families (Fla. 2d DCA 2019).

— 39.811(2) — 6 cases

Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “(2002); § 39.811(2), Fla. Stat. (2002). Therefore, in every termination case whether based on the termination of rights in a sibling or another groundit is the burden of the petitioner, usually DCF, to establish by clear and convincing evidence that termination of parental…”

BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004).

Shuler v. Guardian Ad Litem Prog., 17 So. 3d 333 (Fla. 5th DCA 2009).

Chew v. Roberts, 122 So. 3d 493 (Fla. 5th DCA 2013).

— 39.811(4) — 1 case

D.S., the Father v. Dep't of Child. & Families, 164 So. 3d 29 (Fla. 4th DCA 2015).

— 39.811(5) — 11 cases

R.W.W. v. State, Dep't of Child. & Families, 788 So. 2d 1020 (Fla. 2d DCA 2001).

B.a., the Mother v. Dep't of Child. & Families (Fla. 4th DCA 2020).

B.a., the Mother v. Dep't of Child. & Families (Fla. 4th DCA 2021).

In Re Cww, 788 So. 2d 1020 (Fla. 2d DCA 2001).

N.G. v. Dcf (Fla. 5th DCA 2016).

— 39.811(6) — 37 cases

J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009). “On remand, the trial court may implement any disposition permitted *1180 under section 39.811, provided that it supports the decision with specific and complete findings.”

T.L.D. v. Dep't of Child. & Fam. Servs., 883 So. 2d 910 (Fla. 2d DCA 2004).

In Re Ed, 884 So. 2d 291 (Fla. 2d DCA 2004). “Section 39.811(6) lists the "only" circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent.”

Ps v. Fla. Dept. of Child. & Families, 944 So. 2d 1187 (Fla. 1st DCA 2006).

Statewide Guardian Ad Litem Prog. v. A.A., 171 So. 3d 174 (Fla. 5th DCA 2015).

— 39.811(6)(a) — 6 cases

I.R. v. Dep't of Child. & Fam. Servs., 18 So. 3d 26 (Fla. 2d DCA 2009).

R.C. v. Dep't of Child. & Fam. Servs., 33 So. 3d 710 (Fla. 2d DCA 2010).

J.T. v. Dep't of Child. & Fam. Servs., 908 So. 2d 568 (Fla. 2d DCA 2005).

In Re Lc, 908 So. 2d 568 (Fla. 2d DCA 2005).

In Re Ec, 33 So. 3d 710 (Fla. 2d DCA 2010).

— 39.811(6)(d) — 6 cases

Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “Because section 39.811 addresses the authority of the court 5 and not the duties of a petitioner, trial courts have the discretion to enter single-parent terminations where *857 the facts justify that result, even in the absence of a specific request by DCF.”

S.S. v. D.L., 944 So. 2d 553 (Fla. 4th DCA 2007).

F.M. v. State Dep't of Child. & Families, 95 So. 3d 378 (Fla. 3d DCA 2012).

— 39.811(6)(e) — 14 cases

I.R. v. Dep't of Child. & Fam. Servs., 18 So. 3d 26 (Fla. 2d DCA 2009).

R.C. v. Dep't of Child. & Fam. Servs., 33 So. 3d 710 (Fla. 2d DCA 2010).

D.A.D. v. Dep't of Child. & Fam. Servs., 903 So. 2d 1034 (Fla. 2d DCA 2005).

— 39.811(7)(a) — 2 cases

M.W. v. Dep't of Child. & Families, 763 So. 2d 497 (Fla. 2d DCA 2000).

In Re Dw, 763 So. 2d 497 (Fla. 2d DCA 2000).

— 39.811(7)(b) — 17 cases

S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “See § 39.811(7)(b), Fla. Stat. (2016); Fla. Dep't of Children & Family Servs.”

B.K., The Father v. Dep't of Child. & Families, 166 So. 3d 866 (Fla. 4th DCA 2015). “See § 39.811, Fla. Stat. (2013). Pursuant to section 39.”

State of Florida, Dep't of etc. v. B.C., the mother & C.S., the father, 185 So. 3d 716 (Fla. 1st DCA 2016).

AW v. Dep't of Child. & Families, 969 So. 2d 496 (Fla. 1st DCA 2007). “In a separate disposition order pursuant to section 39.811, Florida Statutes (2006), the trial court determined that due to Appellant's own psychological and cognitive limitations, she is simply unable to parent B.”

SD v. Dep't of Child. & Fam., 805 So. 2d 10 (Fla. 3d DCA 2001).

— 39.811(8) — 8 cases

Buckner v. Fam. Servs. of Cent. Florida, 876 So. 2d 1285 (Fla. 5th DCA 2004). “See §§ 39.811, 39.812, Fla. Stat. (2003). Section 39.”

In Re Amendments to Florida Rules of Juv. Procedure, 939 So. 2d 74 (Fla. 2006).

In Re Amendments to the Florida Rules of Jud. Admin., 24 So. 3d 47 (Fla. 2009).

T.W., Father of B.L. & S.W., Minor Child. v. Dep't of Child. & Families, 253 So. 3d 779 (Fla. 1st DCA 2018).

In re Amendments to the Florida Rules of Juv. Procedure, 725 So. 2d 296 (Fla. 1998).

— 39.811(9) — 2 cases

Buckner v. Fam. Servs. of Cent. Florida, 876 So. 2d 1285 (Fla. 5th DCA 2004). “See §§ 39.811, 39.812, Fla. Stat. (2003). Section 39.”

Florida Dep't of Child. & Families v. Adoption of B.G.J., 819 So. 2d 984 (Fla. 4th DCA 2002).

— 39.811(l)(a) — 2 cases

A.J. v. Dep't of Child. & Families, 111 So. 3d 980 (Fla. 5th DCA 2013).

— 39.811(l)(b) — 1 case

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