Florida Statute 39.811 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.811

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.

F.S. 39.811 on Google Scholar

F.S. 39.811 on Casetext

Amendments to 39.811

Arrestable Offenses / Crimes under Fla. Stat. 39.811

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.811.

Annotations, Discussions, Cases:

Cases Citing Statute 39.811

Total Results: 20

M.M.W., THE MOTHER v. J.W., THE FATHER

Court: District Court of Appeal of Florida | Date Filed: 2022-08-03

Snippet: are limited to those contained within section 39.811(6), Florida Statutes. Abandonment, as pled by

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

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

Snippet: contain findings of fact and conclusions of law); § 39.811(5), Fla. Stat. (2020) (requiring termination order

B.A., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-01-27

Snippet: final argument that the recent amendment to section 39.811(5), Florida Statutes (2019), requires remand for

B.A., THE MOTHER v. DEPARTMENT OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2020-10-14

Snippet: rights was untimely issued, in violation of section 39.811(5), Florida Statutes (2019), we must reverse and

DEPT. OF CHILDREN & FAMILIES v. F.A.P., The Mother

Court: District Court of Appeal of Florida | Date Filed: 2020-02-26

Snippet: part of its dispositional powers under section 39.811(1), Florida Statutes (2016), whether the evidence

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-09

Snippet: 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla. Stat., effective Oct. 1, 2019).

K. E. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-11-08

Snippet: remanded for further proceedings pursuant to section 39.811. K.E., 263 So. 3d at 213. At a

K.H., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-25

Snippet: a TPR case. Effective October 1, 2019, section 39.811(5), Florida Statutes provides: If the court

Q.L., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: to “fashion an order that complies with section 39.811, Florida Statutes.” J.J. v. Dep’t of Children &

Y.H.B., THE GRANDMOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-09-11

Snippet: DCF custody, as these children are under section 39.811(2), Florida Statutes (2018), placement is for purposes

J.G. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 270 So. 3d 523

Snippet: single-parent termination order in violation of section 39.811(6), Florida Statutes (2016), by terminating his

J.G. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 270 So. 3d 523

Snippet: single-parent termination order in violation of section 39.811(6), Florida Statutes (2016), by terminating his

K. E. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-01-04

Citation: 263 So. 3d 202

Snippet: remand for further proceedings pursuant to section 39.811. KELLY, MORRIS, and ATKINSON, JJ., Concur.

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: for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

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: for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

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: for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

T.W., Father of B.L. and S.W., Minor children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2018-09-28

Citation: 253 So. 3d 779

Snippet: file an Adoption Case Plan pursuant to section 39.811(8), Florida Statutes (2017), which the court will

A.M.B. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-07-26

Citation: 222 So. 3d 1237, 2017 WL 3160118, 2017 Fla. App. LEXIS 10639

Snippet: terminating the rights of the other parent, section 39.811(6), Florida Statutes (2016), requires consideration

In Re: Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146

Court: Supreme Court of Florida | Date Filed: 2017-03-23

Citation: 213 So. 3d 803, 42 Fla. L. Weekly Supp. 357, 2017 WL 1090564, 2017 Fla. LEXIS 654

Snippet: items 7, 8, and 9 as applicable, 7. Under section 39.811 (6)(-..-), Florida Statutes, the court tenninates

Guardian ad Litem Program ex rel. A.E. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-12-30

Citation: 207 So. 3d 1000, 2016 Fla. App. LEXIS 19324

Snippet: case plan tasks. Therefore, pursuant to section 39.811 (l)(a)(l), Florida Statutes, this Court, as outlined