The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.812

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, 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. 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 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; or

(5) 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 executed by the department must be attached to the petition, unless waived pursuant to 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.

(6)(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 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; and

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.

Note.—Former s. 39.47.

F.S. 39.812 on Google Scholar

F.S. 39.812 on Casetext

Amendments to 39.812

Arrestable Offenses / Crimes under Fla. Stat. 39.812

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.812.

Annotations, Discussions, Cases:

Cases from cite.case.law:

B. S. P. S. A. W. H. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 246 So. 3d 479 (Fla. App. Ct. 2018)

. . . First, as noted above, section 63.037 specifically references section 39.812. . . . . § 39.812(5), Fla. Stat. . . . B.S. correctly notes that section 39.812(5), while directing parties to file a petition for adoption . . . More importantly, we have previously found that this sentence in section 39.812(5) means only that the . . . Section 39.812(5) would be equally superfluous. . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. STATEWIDE GUARDIAN AD LITEM PROGRAM P. W. F. W. W. W. W. W. J. W., 186 So. 3d 1084 (Fla. Dist. Ct. App. 2016)

. . . each parent have been terminated by a judgment entered pursuant to chapter 39 shall be governed by s. 39.812 . . . Section 39.812, Florida Statutes (2015), the main statute at issue in this case, is titled “Postdisposition . . . Interest of J.C., 847 So.2d 487, 490 (Fla. 3d DCA 2002) (explaining that section 39.812(4) expressly . . . Dep’t of Children & Families, 854 So.2d 822, 825 (Fla. 1st DCA 2003) (citing sections 39.812(4) and 39.813 . . . may have authority in its continuing supervisory jurisdiction under subsection 39.47(4) [now section 39.812 . . .

CHEW v. ROBERTS,, 122 So. 3d 493 (Fla. Dist. Ct. App. 2013)

. . . The Roberts’ filing would appear to be contrary to the dictates of section 39.812(5), Florida Statutes . . .

R. H. K. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 988 So. 2d 673 (Fla. Dist. Ct. App. 2008)

. . . Id. at 986 (citing § 39.812(4), Fla. Stat. (2001)). . . . We also reject the H’s position that sections 39.812(5) and 63.062(7), Florida Statutes (effective July . . . To begin with, section 39.812(1) provides: If the department is given custody of a child for subsequent . . . the child until the child is adopted and to review the appropriateness of an adoptive placement. § 39.812 . . . While sections 39.812(5) and 63.062(7) permit a court to deem that DCF’s consent may be waived if unreasonably . . .

R. H. B. H. v. DEPT. OF CHILDREN AND FAMILY SERVICES,, 994 So. 2d 1153 (Fla. Dist. Ct. App. 2008)

. . . Appellants, R.H. and B.H., seek to appeal an order modifying placement — pursuant to section 39.812, . . .

D. R. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 963 So. 2d 746 (Fla. Dist. Ct. App. 2007)

. . . instead permanently placing J.B. with his long-time foster caregivers pursuant to sections 39.621, 39.812 . . . 2006), and substantial, competent evidence as to the best interests of the child, see §§ 39.621(3), 39.812 . . .

C. M. A. A. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 953 So. 2d 547 (Fla. Dist. Ct. App. 2007)

. . . See generally §§ 39.812, 63.037-.235, Fla. Stat. (2006); Y.H. v. . . .

In J. T. a v. R. T. Ad A. M. v. R. T. Ad R. T. v. Ad A. M. v. A. M. R. T. Ad R. T. v. A. M. Ad, 947 So. 2d 1212 (Fla. Dist. Ct. App. 2007)

. . . Ultimately, if the adoption does not proceed pursuant to chapter 63, section 39.812(5) specifically provides . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE THREE YEAR CYCLE, 939 So. 2d 74 (Fla. 2006)

. . . Withholding Consent to Adopt. (1) When a petition for adoption and a favorable home study under section 39.812 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . See §§ 39.622 & 39.812, Fla. Stat. (2004). . . . Thus, by the express terms of section 6S.037, Florida Statutes, this case “shall be governed by s. 39.812 . . . One of its subsections states: 39.812 Postdisposition relief; petition for adoption.— (5) The petition . . . In other words, sections 63.062(7) and 39.812(5) include virtually identical requirements addressing . . . See §§ 39.812(5) & 63.062(7), Fla. Stat. (2005). . . .

STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. I. B. D. B., 891 So. 2d 1168 (Fla. Dist. Ct. App. 2005)

. . . Section 39.812(4), Florida Statutes (2004), provides: When a licensed foster parent or court-ordered . . . department’s decision has been filed; (c) The foster parent or custodian agrees to the child’s removal. § 39.812 . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . This amendment conforms the rule to section 39.812(1), Florida Statutes (2004). . . . This amendment conforms the rule to sections 39.811(2) and 39.812(1), Florida Statutes (2004). . . . The amendment conforms the rule to section 39.812(5), Florida Statutes (2004). y. . . .

B. Y. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1253 (Fla. 2004)

. . . . § 39.812(1) (“The department may thereafter ... consent to the adoption ....”) (emphasis added). . . . . § 39.812(1), and “no other consent is required,”, id. § 63.062(7). . . . The department cites section 39.812(5), Florida Statutes (2003), which states that a “copy of the consent . . . of sections 63.062(7) and 39.812(1). . . . See also id. § 39.812(5) (containing a new waiver provision with similar wording). . . . For example, section 39.812(4), Florida Statutes, states that “[t]he court shall retain jurisdiction . . . Our holding is consistent with the 2004 legislative amendment to section 39.812 which, in discussing . . . agency registered under s. 409.176, or a licensed professional or agency described in s. 61.20(2).” § 39.812 . . .

BUCKNER v. FAMILY SERVICES OF CENTRAL FLORIDA, INC., 876 So. 2d 1285 (Fla. Dist. Ct. App. 2004)

. . . See §§ 39.811, 39.812, Fla. Stat. (2003). . . . Similarly, section 39.812(4) provides for continued review after custody of a child for subsequent adoption . . . Statutes (2003), provides that adoptions where parental rights have been terminated are “governed by s. 39.812 . . .

I. B. D. B. T. T. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 876 So. 2d 581 (Fla. Dist. Ct. App. 2004)

. . . Section 39.812 provides in part: 39.812. . . . The foster parents argue section 39.812 violates the due process and equal protection guarantees of the . . . According to the foster parents, section 39.812 gives the Department “unfettered” discretion to determine . . . We find section 39.812 is facially constitutional. . . . Section 39.812(5) specifically provides that an adoption proceeding under this subsection is governed . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. B. Y., 863 So. 2d 418 (Fla. Dist. Ct. App. 2003)

. . . The provision at issue in the present case is section 39.812(1): If the department is given custody of . . . Additionally, section 39.812(5) states that “[a] copy of the consent executed by the department as required . . . B.Y. places emphasis on the italicized words of section 39.812(1) above, stressing that DCF may give . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. GUARDIAN AD LITEM OF C. R. M. R., 855 So. 2d 688 (Fla. Dist. Ct. App. 2003)

. . . broader review of the appropriateness of the placement of the children than is permitted under section 39.812 . . . and by considering the children’s best interests, went far beyond the inquiry permitted under section 39.812 . . . our judgment, if we were to adopt DCF’s argument, the review power granted to the courts by section 39.812 . . . We agree with the majority’s observation in J.C., 847 So.2d at 490, that “[t]he language of Section 39.812 . . . Section 39.812(4) provides: The court shall retain jurisdiction over any child placed in the custody . . .

B. B. In M. E. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 854 So. 2d 822 (Fla. Dist. Ct. App. 2003)

. . . See §§ 39.812(4) and 39.813, Fla. Stat. (2001). . . . See §§ 39.812(4) and 39.813, Fla. Stat. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. In INTEREST OF J. C., 847 So. 2d 487 (Fla. Dist. Ct. App. 2002)

. . . See § 39.812(4), Fla. Stat. (2001). See also, §§ 39.013(2), 39.812, 39.813, Fla. Stat. (2001). . . . This is evidenced by the plain language of Section 39.812(4), which states that the court “shall retain . . . The language of Section 39.812(4) is clear and must be given its plain and ordinary meaning. . . . The plain and ordinary meaning of Section 39.812(4) provides express statutory authority for the trial . . . court to exercise judicial review of the appropriateness of adoptive placement. § 39.812(4), Fla. . . . The lower court and the majority base their conclusions on section 39.812(4), Florida Statutes (2000) . . . Court of Appeal reiterated its belief that the language of the statute presently in question, section 39.812 . . .

L. R. L. R. v. DEPARTMENT OF CHILDREN FAMILIES,, 822 So. 2d 527 (Fla. Dist. Ct. App. 2002)

. . . Section 39.812(1), Florida Statutes (2001), provides in part that: If the department is given custody . . . See § 39.812(4), Fla. Stat.; C.S., 671 So.2d at 270. . . . However, Florida Statutes section 39.812(1) provides, where a child is placed in DCF’s custody for subsequent . . . that child and consent to the adoption, and that consent alone shall be sufficient in all cases. § 39.812 . . . Id. at 266-67 (citing section 39.47(1994), which has been renumbered as section 39.812(2001)). . . . See § 39.812(5), Fla. Stat. (2001)(added by Ch. 01-3, § 5, Laws of Fla., eff. Oct. 1,2001). . . .

FLORIDA DEPARTMENT OF CHILDREN FAMILIES, M. W. K. W. v. ADOPTION OF B. G. J., 819 So. 2d 984 (Fla. Dist. Ct. App. 2002)

. . . See § 39.812(4), Fla. Stat. (2001). . . . See §§ 39.812(5), 63.052(5), 63.082(3)(b), Fla. Stat. (2001). . . .

G. L. S. B. S. C. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 724 So. 2d 1181 (Fla. 1998)

. . . We note that the legislature recently amended this section by renumbering it as section 39.812 and deleting . . .