Florida Statute 39.815 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.815

39.815 Appeal.—

(1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compensated as provided in s. 27.5304(6).

(2) An attorney for the department shall represent the state upon appeal. When a notice of appeal is filed in the circuit court, the clerk shall notify the attorney for the department, the attorney for the parent, the guardian ad litem, and the attorney ad litem for the child, if one is appointed.

(3) The taking of an appeal does not operate as a supersedeas in any case unless the court so orders. However, a termination of parental rights order with placement of the child with a licensed child-placing agency or the department for subsequent adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.

(4) The case on appeal must be docketed and any papers filed in the appellate court must be titled with the initials, but not the name, of the child and the court case number, and the papers must remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and may not be open to public inspection. The decision of the appellate court must be likewise titled and may refer to the child only by initials and court case number.

(5) The original order of the appellate court, with all papers filed in the case on appeal, must remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.

History.—s. 9, ch. 87-289; s. 22, ch. 90-306; s. 1, ch. 90-309; s. 15, ch. 92-170; s. 42, ch. 94-164; s. 97, ch. 98-403; s. 50, ch. 99-193; s. 59, ch. 2003-402; s. 22, ch. 2007-62; s. 28, ch. 2024-70.

Note.—Former s. 39.473.

F.S. 39.815 on Google Scholar

F.S. 39.815 on Casetext

Amendments to 39.815

Arrestable Offenses / Crimes under Fla. Stat. 39.815

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.815.

Annotations, Discussions, Cases:

Cases Citing Statute 39.815

Total Results: 19

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: NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

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: county)-^., Florida. Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

J.B., Etc. v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2015-07-09

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: counsel in a termination proceeding”). Subsection 39.815(1), Flori*794da Statutes (2007), already requires

SM v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2010-05-12

Citation: 33 So. 3d 837, 2010 Fla. App. LEXIS 6558, 2010 WL 1881432

Snippet: bring the instant appeal. §§ 39.01(51), 39.501(1), 39.815(1), Fla. Stat. (2009). E.g., In re K.M., 978 So

In Re Amendments to the Florida Rules of Judicial Administration

Court: Supreme Court of Florida | Date Filed: 2009-11-12

Citation: 24 So. 3d 47, 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128

Snippet: (location). [[Image here]] NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

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: program has been appointed, and the child"). Section 39.815(1), Florida Statutes (2007), limits appeals after

CM v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2008-05-21

Citation: 981 So. 2d 1272, 2008 WL 2116262

Snippet: they lack standing to bring this appeal, see § 39.815(1), Florida Statutes (2007), and we must grant

AW v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2007-11-20

Citation: 969 So. 2d 496, 2007 WL 4105543

Snippet: jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination

Ek v. Department of Children and Family

Court: District Court of Appeal of Florida | Date Filed: 2007-01-10

Citation: 948 So. 2d 54, 2007 Fla. App. LEXIS 183, 2007 WL 57571

Snippet: the father, E.J.K. We have jurisdiction, section 39.815, Florida Statutes (2004); Florida Rules of Appellate

W.G. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2006-11-17

Citation: 944 So. 2d 443, 2006 Fla. App. LEXIS 19297

Snippet: *447the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate

In Re PG

Court: District Court of Appeal of Florida | Date Filed: 2006-11-17

Citation: 944 So. 2d 443, 2006 WL 3328394

Snippet: *447 the appeal as expeditiously as possible. § 39.815(1), Fla. Stat. (2005). Florida Rule of Appellate

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: Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian

D.K.B. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2005-01-21

Citation: 890 So. 2d 1288, 2005 Fla. App. LEXIS 354

Snippet: legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting to

In Re RB

Court: District Court of Appeal of Florida | Date Filed: 2005-01-21

Citation: 890 So. 2d 1288, 2005 WL 120499

Snippet: legislative history of section 39.510(1) or section 39.815 suggests that the legislature was attempting to

N.S.H. v. Florida Department of Children & Family Services

Court: Supreme Court of Florida | Date Filed: 2003-04-03

Citation: 843 So. 2d 898, 28 Fla. L. Weekly Supp. 284, 2003 Fla. LEXIS 466

Snippet: Anders-type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district

Nsh v. Florida Dcfs

Court: Supreme Court of Florida | Date Filed: 2003-04-03

Citation: 843 So. 2d 898

Snippet: Anders-type protections in the district courts. Section 39.815(1) of the Florida Statutes mandates that district

Department of Children & Family Services v. G.S.C.

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 812 So. 2d 509, 2002 Fla. App. LEXIS 3584

Snippet: of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that

In Re MAD

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 812 So. 2d 509, 2002 WL 429071

Snippet: of Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 1998-09-18

Citation: 725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859

Snippet: Florida. *356Circuit Judge NOTICE Under section 39.815, Florida Statutes, any child, any parent, guardian