Florida · statute · Fla. Stat. ch. 39 · 137 active provisions
(1) PURPOSES OF CHAPTER.—The purposes of this chapter are:(a) To provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; to promote the health and well-being of all children under the st…
All state, county, and local agencies shall cooperate, assist, and provide information to the Office of Adoption and Child Protection and the department as will enable them to fulfill their responsibilities under this chapter.
(1) The case record of every child under the supervision of or in the custody of the department, the department’s authorized agents, or providers contracting with the department, including community-based care lead agencies and their subcontracted providers, must be maintained in a complete and accurate manner. The cas…
(1) As used in this section, the term:(a) “Multidisciplinary team” has the same meaning as provided in s. 39.4022(2).(b) “Placement change” has the same meaning as provided in s. 39.4023(2).(c) “School” has the same meaning as in s. 39.4023(2).(d) “Sibling” has the same meaning as in s. 39.4024(2).(2) The case record o…
(1) DEFINITIONS.—As used in this section, the term:(a) “Children known to the department” means children who are found to be dependent or children in shelter care.(b) “Department” means the Department of Children and Families or a community-based care lead agency acting on behalf of the Department of Children and Famil…
When used in this chapter, unless the context otherwise requires:(1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child’s care and maintenan…
(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner…
The department shall adopt rules for the efficient and effective management of all programs, services, facilities, and functions necessary for implementing this chapter. Such rules may not conflict with the Florida Rules of Juvenile Procedure. All rules and policies must conform to accepted standards of care and treatm…
Pursuant to the requirements of s. 120.536, the department is specifically authorized to adopt, amend, and repeal administrative rules which implement or interpret law or policy, or describe the procedure and practice requirements necessary to implement this chapter, including, but not limited to, the following:(1) Bac…
(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in this chapter shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the…
(1) A circuit court may create an early childhood court program to serve the needs of infants and toddlers in dependency court. If a circuit court creates an early childhood court program, it may consider all of the following factors:(a) The court supporting the therapeutic needs of the parent and child in a nonadversa…
(1)(a) The Legislature finds that:1. All children in proceedings under this chapter have important interests at stake, such as health, safety, and well-being and the need to obtain permanency.2. A dependent child who has certain special needs has a particular need for an attorney to represent the dependent child in pro…
Upon the first appearance before the court, each party shall provide to the court a permanent mailing address and primary e-mail address. The court shall advise each party that these addresses will be used by the court and the petitioner for notice purposes unless and until the party notifies the court and the petition…
(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a dependent child until 7 years aft…
In all proceedings under this chapter, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition or any parent or legal custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.
(1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding or a termination of parental rights proceeding pursuant to this chapter, compensation shall be paid in accordance with s. 27.5304. The state may acquire and enforce a lien upon court-ordered…
The department shall deposit all child support payments made to the department pursuant to this chapter into the Operations and Maintenance Trust Fund. The purpose of this funding is to care for children who are committed to the temporary legal custody of the department.
(1) The Legislature finds that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party except as provided in this section.(2)(a) All parties and the court must work toge…
(1) This chapter does not supersede the requirements of the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq.; the Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as amended; the Servicemembers Civil Relief Act, 50 U.S.C. ss. 3901 et seq.; or the implementing regulations for such acts.(2) The department is…
The department, community-based care lead agency, or court shall consider all of the following factors when determining whether a proposed placement under this chapter is in the child’s best interest:(1) The child’s age.(2) The physical, mental, and emotional health benefits to the child by remaining in his or her curr…
(1) The department shall conduct a records check through the Comprehensive Child Welfare Information System and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all nonrelative placement deci…
(1) SHORT TITLE.—This section may be cited as the “Keeping Children Safe Act.”(2) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that:1. For some children who are abused, abandoned, or neglected by a parent or other caregiver, abuse may include sexual abuse.2. These same children are at risk of suffering fr…
Whenever the whereabouts of a child involved with the department become unknown, the department or the community-based care provider shall make reasonable efforts, as defined by rule, to locate the child. If, pursuant to criteria established by rule, the child is determined to be missing, the department or the communit…
Beginning March 1, 2021, the Department of Law Enforcement shall provide information to law enforcement officers stating whether a person is a parent or caregiver who is currently the subject of a child protective investigation for alleged child abuse, abandonment, or neglect or is a parent or caregiver of a child who…
Beginning in fiscal year 2022-2023 through fiscal year 2023-2024, the department and the Department of Juvenile Justice shall identify children who are dually involved with both systems of care. The department and the Department of Juvenile Justice shall collaboratively take appropriate action within available resource…