The 2023 Florida Statutes (including Special Session C)
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. . . (amending 39.402(11)(c), Fla. Stat. (2017) ). . . . (amending § 39.402(11)(c), Fla. Stat. (2017) effective July 1, 2018). . . .
. . . (amending §§ 39.013(2), 39.402(8)(c)j 39.5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801( . . .
. . . Section 39.402(9)(a), Florida Statutes (2016) provides: At any shelter hearing, the department shall . . . absent a clear and convincing showing that visitation is not in the best interest of the child. ... § 39.402 . . .
. . . See § 39.402(l)(a), Fla. Stat. (2006). . . .
. . . Under section 39.402(1)(a), Florida Statutes (2015), the trial court may Shelter a child if probable . . . Compare § 39.402 (shelter placement), 'ivith § 39.806 (termination of parental rights); see also Dep’ . . . merely is required to show the probability that [the sibling] is in imminent danger ....”); see also § 39.402 . . . There was evidence sufficient to meet the probable cause requirements of section 39.402 based on testimony . . . See § 39.402(h)(4). This is supported by the trial court’s specific findings in regard to Le.H. . . .
. . . (amending §§ 39.402; 39.501; 39.701, Fla.-Stat.); ch.2014-227, § 1, Laws of Fla. . . .
. . . See §§ 39.401(5) (shelter review hearing if placed with nonrelatives); 39.402 (shelter and shelter review . . . and relay any concerns including those associated with their counsel. §§ 39.001(1X0; 39.013; 39.0134; 39.402 . . .
. . . (amending §§ 39.402(8)(h), (9); Fla. Stat.). . . . (amending §§ 39.402(8)(h), (9); 39.50l(3)(d); 39.701(2)(c), (3)(a), Fla. . . .
. . . Section 39.402(l)(a), Florida Statutes (2014), permits the removal and placement of a child in shelter . . . that the provision of appropriate and available services will not eliminate the need for placement.” § 39.402 . . .
. . . Section 39.402(5)(b)2 of the Florida Statutes (2012) makes it clear that “if indigent, ... parents have . . .
. . . See Sections 39.402(8)(a), 984.14(4), and 985.255(3)(a), Florida Statutes (2011). . . .
. . . The majority analyzes the order under review as a shelter order issued pursuant to section 39.402, Florida . . . Section 39.402(1), Florida Statutes (2011) states: Unless ordered by the court under this chapter, a . . . Section 39.402(2) further provides: A child taken into custody may be placed or continued in a shelter . . . Once a child is placed in shelter (with a parent), section 39.402(8)(a) requires a shelter hearing within . . . Sections 39.402(3), (5), and (8) and rule 8.305 set forth all the notices and rights to a hearing for . . . See § 39.402(8)(h)6., Fla. . . . See § 39.402(8)(c)3., Fla. Stat. (2011) (“At the shelter hearing, the court shall ... . . . However, as we held in L.M.B., the right to be heard as provided in section 39.402(8)(c)3. . . . See § 39.402(2), Fla. Stat. (2011). . . . If the evidence presented does not meet one or more of the criteria stated in section 39.402(1), then . . .
. . . See §§ 39.401(1), § 39.402(1), 39.402(8)(d), Fla. Stat. (2011). . . .
. . . . § 39.402(c) ("At the shelter hearing, the court shall ... . . .
. . . Section 39.402(8)(c)(3), Florida Statutes (2010), requires trial courts at shelter hearings to provide . . .
. . . is understood; and (4) determine whether any waiver of counsel is knowing and intelligent • Section 39.402 . . .
. . . provisions of this rule, a general magistrate shall not preside over a shelter hearing under section 39.402 . . .
. . . without proper notice to the petitioner mother, contrary to both the due process requirements of § 39.402 . . .
. . . See § 39.402, Fla. Stat. (2009). . . . Before entering the order, the trial court conducted a shelter hearing pursuant to section 39.402(8) . . . refused to permit the mother to present evidence on the issue of whether the child should be removed. § 39.402 . . . See also § 39.402(5)(b)l., Fla. . . . (adding the following language to section 39.402(8)(a): “The parents or legal guardians of the child . . .
. . . Section 39.402(l)(a), Florida Statutes (2009), permits the removal of a child and placement of the child . . . Section 39.402(8)(d), Florida Statutes (2009), provides that, to continue the placement in shelter care . . . Here, the Department did not establish probable cause under either subsection 39.402(l)(a) or (8)(d). . . .
. . . . § 39.402(13), which states, in part, that "A child may not be held in a shelter under an order so directing . . .
. . . The proposals are in response to recent amendments to sections 39.0016 and 39.402, Florida Statutes, . . . Stat.; creating §§ 39.402(ll)(b)-(ll)(d), Fla. . . . (adding § 39.402(8)(h), Fla. Stat.; providing effective date). . . . The amendments to rule 8.305 (Shelter Hearing, Petition, and Order) implement newly created sections 39.402 . . . The amendments to form 8.961 (Shelter Order) track newly added section 39.402(8)(h)8., Florida Statutes . . .
. . . This occurred despite the provisions of sections 39.402(13) and 39.402(14)(f), Florida Statutes (2006 . . . shelter order for more than seven months, rather than the maximum four months provided for by section 39.402 . . .
. . . all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402 . . .
. . . 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402 . . .
. . . . §§ 39.401(3), 39.402(5)(a). . . . Stat. § 39.402(7)(a). . . . Stat. § 39.402(8) (1997). . . . Stat. § 39.402 (setting forth standards for placement of children in shelter care); Fla. . . .
. . . each stage of the proceedings and to appoint counsel for parents who are unable to afford counsel); § 39.402 . . .
. . . and care of his mother, the petitioner, and placing the minor child in a shelter, pursuant to section 39.402 . . .
. . . See § 39.402(7), Fla. Stat. (2007); E.H. v. . . . Section 39.402(7) provides: A child may not be removed from the home or continued out of the home pending . . .
. . . 39.01(1) (definition of “abandoned”), 39.201(l)'(a) (requirement for reporting child abuse,, etc.), 39.402 . . .
. . . The court’s authority arises from section 39.402, Florida Statutes (2007). . . . Id. § 39.402(8)(a). . . . A shelter hearing must be held within the time specified by the section 39.402 and Florida Rule of Juvenile . . . A prompt shelter hearing shall be conducted pursuant to section 39.402, Florida Statutes (2007), and . . .
. . . See §§ 39.001(1)(h), 39.013(5), 39.402(14)(e) & 39.621(1), Fla. Stat. (2006). . . .
. . . .” § 39.402(8)(c)(l), Fla. Stat. (2006). . . .
. . . Section 39.402, Florida Statutes, states (1) ... . . . that the provision of appropriate and available services will not eliminate the need for placement. 39.402 . . .
. . . (h) of rule 8.257, which would prohibit magistrates from conducting shelter hearings under section 39.402 . . . provisions of this rule, a general magistrate shall not preside over a shelter hearing under section 39.402 . . . Section 39.402 sets forth the factual circumstances which must exist and the procedures which the Department . . .
. . . See § 39.402(5)(b)l, Fla. . . . They will be given an opportunity to be heard and to present evidence at the shelter hearing.”); § 39.402 . . . See § 39.402(8)(h), Fla. Stat. (2005). . . .
. . . See § 39.402(5)(b)1, Fla. Stat. (2005). . . .
. . . Section 39.402(8)(c), Florida Statutes (2004), requires the court to appoint a guardian ad litem for . . .
. . . See § 39.402, Fla. Stat. (2004). REVERSED and REMANDED. SAWAYA and TORPY, JJ., concur. . . .
. . . to clarify that findings need to be made only in an order granting shelter care, pursuant to section 39.402 . . .
. . . Instead, this court found that such an award was authorized by section 39.402(11), Florida Statutes, . . .
. . . Sections 39.401(1) and 39.402(1), Florida Statutes, require that, before a court may order a child taken . . .
. . . More importantly, section 39.402(11), Florida Statutes, provides: If a child is placed in a shelter pursuant . . . the father had notice of the possible imposition of temporary child support by virtue of subsection 39.402 . . . Under subsection 39.402(11), the shelter hearing is not the hearing at which the amount of temporary . . .
. . . Counsel for E.P. again stated that section 39.402, Florida Statutes (2003), required an opportunity to . . . Counsel for G.P. then stated to the court that section 39.402 required a full eviden-tiary hearing and . . . ANALYSIS Section 39.402 sets forth the procedure for conducting shelter hearings after the removal of . . . Section 39.402(5)(b)(l) provides: “The parents or- legal custodians shall be given written notice that . . . CONCLUSION Section 39.402 and rule 8.305 afford parents due process in judicial proceedings in matters . . .
. . . Pursuant to section 39.402, Florida Statutes, the Department of Children and Family Services (“the department . . .
. . . time period corresponds to existing provisions in the juvenile statutes and rules, including section 39.402 . . .
. . . Thereafter, the Department filed a shelter petition under section 39.402, Florida Statutes (2000), alleging . . .
. . . intent of the Legislature that children who are maintained in out-of-home care by court order under s. 39.402 . . .
. . . See §§ 39.401(3), 39.402(8)(a), Fla. Stat. (Supp. 1998). . . . See § 39.402(l)-(2), Fla. Stat. (Supp.1998). . . . See § 39.402(13). . . .
. . . On July 23, the Department filed an emergency motion for continuance under, section 39.402(10)(b)2, Florida . . . (Supp.1998); § 39.402(14), Fla. Stat. . . . Department’s argument that this case presents an “exceptional circumstance” under sections S9.013(9)(b)2 and 39.402 . . . This case is properly analyzed under sections 39.013(9)(b)l and 39.402(14)(b)l, which provide for a continuance . . . continuance, which suspends the running of Chapter 39 time limitations under sections 39.013(9) and 39.402 . . .
. . . See §§ 39.401r-39.402, Fla. Stat. (1997). . . . as to the “reasonableness” of the services provided when the state seeks custody of a child, see § 39.402 . . . the child’s best interest to be removed from his or her custodian’s custody), see §§ 39.401(l)(b)l, 39.402 . . . determining whether the Department has made reasonable efforts to prevent the need for foster care, see § 39.402 . . . custody of his or her child where there is no abuse, neglect, or abandonment, see §§ 39.401(l)(b)l, 39.402 . . .
. . . (Supp.1996), §§ 39.402(11), 39.41(2)(a)9.a., Fla. Stat. (1995). . . .
. . . (amending section 39.402(7)(b), Florida Statutes (1997), to appear as section 39.402(8)©). . . .
. . . See § 39.402(6), Fla. Stat. (1997). STONE, C.J., and GROSS and TAYLOR, JJ., concur. . . .
. . . See §§ 415.508, 39.402(7)(a) and 39.465(2) and Fla.R.Juv.P. 8.215(b). . . .
. . . The motion for emergency hearing alleged numerous violations of the time constraints of sections 39.402 . . . days, and T.W. had been held in emergency shelter care for sixty-seven days, in violation of section 39.402 . . .
. . . . § 39.402 (West 1988 & Supp.1993) (hearing within 24 hours); N.H.Rev.Stat.Ann. § 169-C:6 (1990) (hearing . . .
. . . effort to prevent or eliminate the need for removal of the child from her home, as required by section 39.402 . . .
. . . B.A.H. was placed in custody with HRS for the twenty-one-day period permitted by section 39.402(9), Florida . . .
. . . .); § 39.402(11), Fla.Stat. (1989) (Child shall not be held in a shelter on a dependency petition more . . .
. . . by findings nor evidence of the criteria required for the continuation of shelter care under section 39.402 . . .
. . . child’s counsel or the child’s guardian ad litem, if one has been appointed by the court,” Section 39.402 . . . his case and additional time is justified because of the exceptional circumstances of the case.” § 39.402 . . . means at hand to extend the twenty-one day time period in the interests of the child under Section 39.402 . . . circumstances” sufficient to satisfy the statute and to justify extending the twenty-one day period. § 39.402 . . .
. . . See, e.g., sections 39.032(7), 39.402(13), 39.422(7), Florida Statutes (1986 Supp.). . . . Chapter 86-220, Laws of Florida (1986); sections 39.-032(7), 39.11(2), 39.111(5), 39.402(14), Florida . . .
. . . . § 39.402(9)(a) and 10. . . . Fla.Stat. § 39.402(10). . . . Fla.Stat. §§ 39.402(10); 39.404(3). . . . Fla.Stat. §§ 39.402(10); 39.408(l)(a). . . . Fla.Stat. § 39.402(11). . . .
. . . . § 39.402(7), Fla.Stat. (1983). . . .
. . . detained at the HRS emergency shelter from October 28, 1983, to November 22, 1983, pointing out that § 39.402 . . .