Florida Statutes

Fla. Stat. § 39.812 (2025)

Postdisposition relief; petition for adoption.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

39.812 Postdisposition relief; petition for adoption.—

(1) If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subsequent adoption. The department may thereafter become a party to any proceeding for the legal adoption of the child and appear in any court where the adoption proceeding is pending and consent to the adoption, and that consent alone shall in all cases be sufficient.

(2) In any subsequent adoption proceeding, the parents are not entitled to notice of the proceeding and are not entitled to knowledge at any time after the order terminating parental rights is entered of the whereabouts of the child or of the identity or location of any person having the custody of or having adopted the child, except as provided by order of the court pursuant to this chapter or chapter 63. In any habeas corpus or other proceeding involving the child brought by any parent of the child, an agent or contract provider of the department may not be compelled to divulge that information, but may be compelled to produce the child before a court of competent jurisdiction if the child is still subject to the guardianship of the department.

(3) The entry of the custody order to the department does not entitle the department to guardianship of the estate or property of the child, but the department shall be the guardian of the person of the child.

(4) The court shall retain jurisdiction over any child placed in the custody of the department until the child is adopted. After custody of a child for subsequent adoption has been given to the department, the court has jurisdiction for the purpose of reviewing the status of the child and the progress being made toward permanent adoptive placement. As part of this continuing jurisdiction, the court may:

(a) Review the appropriateness of the adoptive placement of the child if good cause is shown by the guardian ad litem for the child.

(b) Review the department’s denial of an application to adopt a child. The department’s decision to deny an application to adopt a child is only reviewable under this section and is not subject to chapter 120.

1. If the department denies an application to adopt a child, the department must file written notification of the denial with the court and provide copies to all parties within 10 business days after the department’s decision.

2. A denied applicant may file a motion to have the court review the department’s denial within 30 business days after the issuance of the department’s written notification of its decision to deny the application to adopt a child. The motion to review must allege that the department unreasonably denied the application to adopt and request that the court allow the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.

3. A denied applicant only has standing under this chapter to file a motion to review the department’s denial and to present evidence in support of such motion. Such standing is terminated upon the entry of the court’s order.

4. The court shall hold a hearing within 30 business days after the denied applicant files the motion to review. The court may only consider whether the department’s denial of the application is consistent with its policies and if the department made such decision in an expeditious manner. The standard of review is whether the department’s denial of the application is an abuse of discretion.

5. If the department selected a different applicant to adopt the child, the selected applicant may participate in the hearing as a participant, as defined in s. 39.01, and may be granted leave by the court to be heard without the need to file a motion to intervene.

6. Within 15 business days after the conclusion of the hearing, the court must enter a written order denying the motion to review or finding that the department unreasonably denied the application to adopt and authorizing the denied applicant to file a petition to adopt the child under chapter 63 without the department’s consent.

(5) When a licensed foster parent or court-ordered custodian has applied to adopt a child who has resided with the foster parent or custodian for at least 6 months and who has previously been permanently committed to the legal custody of the department and the department does not grant the application to adopt, the department may not, in the absence of a prior court order authorizing it to do so, remove the child from the foster home or custodian, except when:

(a) There is probable cause to believe that the child is at imminent risk of abuse or neglect;

(b) Thirty business days have expired following written notice to the foster parent or custodian of the denial of the application to adopt, within which period no formal challenge of the department’s decision has been filed;

(c) A motion to review the department’s denial of an application to adopt a child under paragraph (4)(b) has been denied; or

(d) The foster parent or custodian agrees to the child’s removal.

(6) The petition for adoption must be filed in the division of the circuit court which entered the judgment terminating parental rights, unless a motion for change of venue is granted pursuant to s. 47.122. A copy of the consent to adoption executed by the department must be attached to the petition, unless such consent is waived under s. 63.062(7). The petition must be accompanied by a statement, signed by the prospective adoptive parents, acknowledging receipt of all information required to be disclosed under s. 63.085 and a form provided by the department which details the social and medical history of the child and each parent and includes the social security number and date of birth for each parent, if such information is available or readily obtainable. The prospective adoptive parents may not file a petition for adoption until the judgment terminating parental rights becomes final. An adoption proceeding under this subsection is governed by chapter 63.

(7)(a) Once a child’s adoption is finalized, the community-based care lead agency must make a reasonable effort to contact the adoptive family by telephone 1 year after the date of finalization of the adoption as a postadoption service. For purposes of this subsection, the term “reasonable effort” means the exercise of reasonable diligence and care by the community-based care lead agency to make contact with the adoptive family. At a minimum, the agency must document all of the following:

1. The number of attempts made by the community-based care lead agency to contact the adoptive family and whether those attempts were successful.

2. The types of postadoption services that were requested by the adoptive family and whether those services were provided by the community-based care lead agency.

3. Any feedback received by the community-based care lead agency from the adoptive family relating to the quality or effectiveness of the services provided.

(b) The community-based care lead agency must report annually to the department on the outcomes achieved and recommendations for improvement under this subsection.

History.—s. 9, ch. 87-289; s. 41, ch. 94-164; s. 14, ch. 95-228; s. 94, ch. 98-403; s. 5, ch. 2001-3; s. 1, ch. 2004-389; s. 1, ch. 2008-151; s. 4, ch. 2015-130; s. 8, ch. 2024-177.

Note.—Former s. 39.47.

Notes of Decisions

Cited in 31 cases (7 in the last 5 years), 1998–2025 · leading case: By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004).

Sort: Relevance Newest Treatment

By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). · cites it 12× “[2] Our holding is consistent with the 2004 legislative amendment to section 39.812 which, in discussing the court's continuing jurisdiction in adoption matters, clarifies that a copy of the department's consent must be attached to the adoption petition "unless the court…”

IB v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004). · cites it 7× “Turning to the substantive issues, the foster parents contend the trial court erred in failing to determine that section 39.812 is unconstitutional, both facially and as applied in this case.”

LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002). · cites it 10× “812(1) provides, where a child is placed in DCF's custody for subsequent adoption, DCF may become a party to any proceeding for the legal adoption of that child and consent to the adoption, and that consent alone shall be sufficient in all cases.”

Dep't of Child. & Fam. Servs. v. In the Interest of J.C., 847 So. 2d 487 (Fla. 3d DCA 2002). · cites it 17× “See § 39.812(4), Fla. Stat. (2001). See also, §§ 39.”

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006). · cites it 6× “037 directs us not only to the other governing provisions in chapter 63, but also to section 39.812, Florida Statutes, which specifically addresses the petition for adoption.”

Florida Dep't of Child. & Families v. Adoption of B.G.J., 819 So. 2d 984 (Fla. 4th DCA 2002). · cites it 3× “See § 39.812(4), Fla. Stat. (2001). DCF performed a match staffing that thoroughly reviewed certain criteria as to which family would be more suitable for B.”

State, Dep't of Child. & Fam. Servs. v. I.B., 891 So. 2d 1168 (Fla. 1st DCA 2005). · cites it 4× “§ 39.812(4), Fla. Stat. (2004) (emphasis supplied).”

R.H. v. Dep't of Child. & Families, 988 So. 2d 673 (Fla. 4th DCA 2008). · cites it 5× “To begin with, section 39.812(1) provides: If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s.”

B.S., Grandmother of P.S.A. & W.H.A., etc. v. Dep't of Child. & Families, 246 So. 3d 479 (Fla. 1st DCA 2018). · cites it 5× “037 specifically references section 39.812. Subsection (5) of this statute establishes the procedures for adoption following TPR, requiring that a post-TPR adoption petition be filed in the court that terminated parental rights.”

BB v. Dep't of Child. & Families, 854 So. 2d 822 (Fla. 1st DCA 2003). · cites it 2× “See §§ 39.812(4) and 39.813, Fla. Stat. (2001).”

Dept. of Child. & Fam. Servs. v. By, 863 So. 2d 418 (Fla. 4th DCA 2003). · cites it 3× “The provision at issue in the present case is section 39.812(1): If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department many place the child with an agency as defined in s.”

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007). “See generally §§ 39.812, 63.037-.235, Fla. Stat. (2006); Y.”

Show all 31 citing cases →

— 39.812(1) — 6 cases

By v. Dep't of Child. & Families, 887 So. 2d 1253 (Fla. 2004). “[2] Our holding is consistent with the 2004 legislative amendment to section 39.812 which, in discussing the court's continuing jurisdiction in adoption matters, clarifies that a copy of the department's consent must be attached to the adoption petition "unless the court…”

LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002). “812(1) provides, where a child is placed in DCF's custody for subsequent adoption, DCF may become a party to any proceeding for the legal adoption of that child and consent to the adoption, and that consent alone shall be sufficient in all cases.”

Dept. of Child. & Fam. Servs. v. By, 863 So. 2d 418 (Fla. 4th DCA 2003). “The provision at issue in the present case is section 39.812(1): If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department many place the child with an agency as defined in s.”

R.H. v. Dep't of Child. & Families, 988 So. 2d 673 (Fla. 4th DCA 2008). “To begin with, section 39.812(1) provides: If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s.”

Amendments to the Florida Rules of Juv. Procedure, 894 So. 2d 875 (Fla. 2005).

— 39.812(2001) — 1 case

— 39.812(4) — 16 cases

Dep't of Child. & Fam. Servs. v. In the Interest of J.C., 847 So. 2d 487 (Fla. 3d DCA 2002). “See § 39.812(4), Fla. Stat. (2001). See also, §§ 39.”

Florida Dep't of Child. & Families v. Adoption of B.G.J., 819 So. 2d 984 (Fla. 4th DCA 2002). “See § 39.812(4), Fla. Stat. (2001). DCF performed a match staffing that thoroughly reviewed certain criteria as to which family would be more suitable for B.”

State, Dep't of Child. & Fam. Servs. v. I.B., 891 So. 2d 1168 (Fla. 1st DCA 2005). “§ 39.812(4), Fla. Stat. (2004) (emphasis supplied).”

— 39.812(4)(b) — 2 cases

Dep't of Child. & Families & Guardian Ad Litem v. J.H. & K.H. (Fla. 6th DCA 2025).

— 39.812(5) — 16 cases

Dept. of Child. & Fam. Servs. v. Ps, 932 So. 2d 1195 (Fla. 1st DCA 2006). “037 directs us not only to the other governing provisions in chapter 63, but also to section 39.812, Florida Statutes, which specifically addresses the petition for adoption.”

IB v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004). “Turning to the substantive issues, the foster parents contend the trial court erred in failing to determine that section 39.812 is unconstitutional, both facially and as applied in this case.”

B.S., Grandmother of P.S.A. & W.H.A., etc. v. Dep't of Child. & Families, 246 So. 3d 479 (Fla. 1st DCA 2018). “037 specifically references section 39.812. Subsection (5) of this statute establishes the procedures for adoption following TPR, requiring that a post-TPR adoption petition be filed in the court that terminated parental rights.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.