Florida Statute 39.812 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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, 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.

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 Citing Statute 39.812

Total Results: 20

James Phillip Kincaid v. Debra Kincaid

Court: District Court of Appeal of Florida | Date Filed: 2024-12-05

Snippet: into a Morgan Stanley Roth account, as well as $39,812.44 from a Thrift Savings Plan into a Morgan Stanley

In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-09-12

Snippet: amend rule 8.535 in response to changes to section 39.812, Florida Statutes (2023), by chapter 2024-177,

Ellen M. Kaplan v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: Department of Children and Families for adoption. See § 39.812(1), Fla. Stat. (2023) (“If the department is given

HEART OF ADOPTIONS, INC. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: petition for termination of parental rights. See § 39.812(5), Fla. Stat. (2021) (permitting prospective adoptive

K.N. and D.N. v. DEPARTMENT OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: party entitled to discovery, relying on section 39.812(5), Florida Statutes (2021). T.R.-B., 335 So. 3d

T.R.-B. v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2022-01-26

Snippet: not the case here. The court found that section 39.812(5) applied. The court stated it was aware a hearing

B.S., Grandmother of P.S.A. and W.H.A., etc. v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 246 So. 3d 479

Snippet: pursuant to chapter 39 shall be governed by s. 39.812 and this chapter” (emphasis added). Chapter 39

Department of Children & Families v. Statewide Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

Citation: 186 So. 3d 1084, 2016 Fla. App. LEXIS 2968, 2016 WL 869317

Snippet: pursuant to chapter 39 shall be governed by s. 39.812 and this chapter.” § 63.037, Fla. Stat. (2015)

Chew v. Roberts

Court: District Court of Appeal of Florida | Date Filed: 2013-09-27

Citation: 122 So. 3d 493, 2013 WL 5378094, 2013 Fla. App. LEXIS 15287

Snippet: appear to be contrary to the dictates of section 39.812(5), Florida Statutes (2012). That statute provides:

R.H. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2008-07-23

Citation: 988 So. 2d 673, 2008 Fla. App. LEXIS 11232, 2008 WL 2815538

Snippet: appropriateness of that selection.” Id. at 986 (citing § 39.812(4), Fla. Stat. (2001)). We concluded that a trial

Rh v. Dept. of Children and Family Servs.

Court: District Court of Appeal of Florida | Date Filed: 2008-07-23

Citation: 994 So. 2d 1153, 2008 WL 2811785

Snippet: an order modifying placementpursuant to section 39.812, Florida Statutes (2007), and Florida Rule of Juvenile

D.R. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2007-06-06

Citation: 963 So. 2d 746, 2007 Fla. App. LEXIS 8902, 2007 WL 1610155

Snippet: foster caregivers pursuant to sections 39.621, 39.812, Florida Statutes (2005). After a careful review

CM v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-02-08

Citation: 953 So. 2d 547, 2007 WL 412790

Snippet: ("Grandparent's right to adopt"). See generally §§ 39.812, 63.037-.235, Fla. Stat. (2006); Y.H. v. F.L.H

Department of Children & Family Services v. Heart of Adoptions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-26

Citation: 947 So. 2d 1212

Snippet: does not proceed pursuant to chapter 63, section 39.812(5) specifically provides that the “petition for

In Re JT

Court: District Court of Appeal of Florida | Date Filed: 2007-01-26

Citation: 947 So. 2d 1212, 2007 WL 188243

Snippet: does not proceed pursuant to chapter 63, section 39.812(5) specifically provides that the "petition for

In Re Amendments to Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2006-09-21

Citation: 939 So. 2d 74, 2006 Fla. LEXIS 2210, 2006 WL 2690230

Snippet: adoption and a favorable home study under section 39.812(5), Florida Statutes, have been filed and the department's

Dept. of Children and Family Servs. v. Ps

Court: District Court of Appeal of Florida | Date Filed: 2006-07-03

Citation: 932 So. 2d 1195

Snippet: custody for purposes of adoption. See §§ 39.622 & 39.812, Fla. Stat. (2004). In mid-2004, the Georgia Department

State, Department of Children & Family Services v. I.B.

Court: District Court of Appeal of Florida | Date Filed: 2005-01-31

Citation: 891 So. 2d 1168, 2005 Fla. App. LEXIS 803

Snippet: authorizing the child’s adoption by (an)other(s). Section 39.812(4), Florida Statutes (2004), provides: When a licensed

State, Dcfs v. Ib

Court: District Court of Appeal of Florida | Date Filed: 2005-01-31

Citation: 891 So. 2d 1168

Snippet: authorizing the child's adoption by (an)other(s). Section 39.812(4), Florida Statutes (2004), provides: When a licensed

Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2005-01-27

Citation: 894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Snippet: adoption. This amendment conforms the rule to section 39.812(1), Florida Statutes (2004). We amend subdivision