Florida Statute 39.812 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 39.812

Annotations, Discussions, Cases:

Cases Citing Statute 39.812

Total Results: 29

By v. Department of Children and Families

887 So. 2d 1253, 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466585

Cited 38 times | Published

provisions of chapters 39 and 63. For example, section 39.812(4), Florida Statutes, states that "[t]he court

IB v. Department of Children and Families

876 So. 2d 581, 2004 WL 1228862

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1245098

Cited 10 times | Published

trial court erred in failing to determine that section 39.812 is unconstitutional, both facially and as applied

LR v. Department of Children & Families

822 So. 2d 527, 2002 Fla. App. LEXIS 10078, 2002 WL 1614058

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 1757188

Cited 6 times | Published

under that statute. However, Florida Statutes section 39.812(1) provides, where a child is placed in DCF's

GLS v. Dept. of Children and Families

724 So. 2d 1181, 1998 WL 892668

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1409629

Cited 5 times | Published

recently amended this section by renumbering it as section 39.812 and deleting the language in subsection (5)

In Re JT

947 So. 2d 1212, 2007 WL 188243

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1376526

Cited 4 times | Published

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

State, Dcfs v. Ib

891 So. 2d 1168

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 378565

Cited 4 times | Published

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

Dcfs v. Jc

847 So. 2d 487

District Court of Appeal of Florida | Filed: Sep 23, 2002 | Docket: 1290191

Cited 4 times | Published

the appropriateness of the placement under Section 39.812(4), Florida Statutes (2001).[2] The trial court

Chew v. Roberts

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

District Court of Appeal of Florida | Filed: Sep 27, 2013 | Docket: 60234706

Cited 3 times | Published

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

In Re Amendments to Florida Rules of Juvenile Procedure

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

Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 1237026

Cited 3 times | Published

for adoption and a favorable home study under section 39.812(5), Florida Statutes, have been filed and the

Dept. of Children and Family Servs. v. Ps

932 So. 2d 1195

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 1684776

Cited 3 times | Published

governing provisions in chapter 63, but also to section 39.812, Florida Statutes, which specifically addresses

Buckner v. FAMILY SERVICES OF CENT. FLORIDA

876 So. 2d 1285, 2004 WL 1635858

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 2451094

Cited 3 times | Published

adoptive placement of the child. Similarly, section 39.812(4) provides for continued review after custody

Dept. of Children and Family Services v. By

863 So. 2d 418, 2003 Fla. App. LEXIS 19802, 2003 WL 23095250

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728610

Cited 3 times | Published

The provision at issue in the present case is section 39.812(1): If the department is given custody of a

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

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

District Court of Appeal of Florida | Filed: Jan 31, 2005 | Docket: 64835669

Cited 2 times | Published

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

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

246 So. 3d 479

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375140

Cited 1 times | Published

above, section 63.037 specifically references section 39.812. Subsection (5) of this statute establishes

Department of Children and Families and Guardian Ad Litem v. J.H. and K.H.

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70676355

Published

constrained the trial court’s scope of review. See § 39.812(4), Fla. Stat. (2024). It confined the trial court’s

Department of Children and Families and Guardian Ad Litem v. J.H. and K.H.

District Court of Appeal of Florida | Filed: Jun 30, 2025 | Docket: 70676355

Published

constrained the trial court’s scope of review. See § 39.812(4), Fla. Stat. (2024). It confined the trial court’s

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

Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155443

Published

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

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313541

Published

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

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 67774356

Published

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

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

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 66795956

Published

not a party entitled to discovery, relying on section 39.812(5), Florida Statutes (2021). T.R.-B., 335 So

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

District Court of Appeal of Florida | Filed: Jan 26, 2022 | Docket: 62628739

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 60253692

Published

shall live.”' § 39.521(4), Fla. Stat. (2015). Section 39.812, Florida Statutes (2015), the main statute

Rh v. Dept. of Children and Family Servs.

994 So. 2d 1153, 2008 WL 2811785

District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 1667075

Published

appeal an order modifying placementpursuant to section 39.812, Florida Statutes (2007), and Florida Rule

R.H. v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 64855492

Published

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

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

947 So. 2d 1212

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848781

Published

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

Amendments to the Florida Rules of Juvenile Procedure

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

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240

Published

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

State, Department of Children & Families v. Guardian Ad Litem of C.R.

855 So. 2d 688, 2003 Fla. App. LEXIS 14914, 2003 WL 22259828

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825553

Published

placement of the children than is permitted under section 39.812(4), Florida Statutes (2002). We disagree and

Department of Children & Family Services v. In the Interest of J.C.

847 So. 2d 487, 2002 Fla. App. LEXIS 13830, 2002 WL 31101341

District Court of Appeal of Florida | Filed: Sep 23, 2002 | Docket: 64823333

Published

the appropriateness of the placement under Section 39.812(4), Florida Statutes (2001).2 The trial court

Florida Department of Children & Families v. Adoption of B.G.J.

819 So. 2d 984, 2002 Fla. App. LEXIS 8781, 2002 WL 1369999

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 64816132

Published

review the appropriateness of that selection. See § 39.812(4), Fla. Stat. (2001). DCF performed a match staffing