Florida Florida Statutes
§ 39.811 — Powers of disposition; order of disposition
FS § 39.811Ch. 39
Statute text
View on source(1)If the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence, the court shall:(a) If grounds for dependency have been established, adjudicate or readjudicate the child dependent and:1. Enter an order placing or continuing the child in out-of-home care under a case plan; or 2. Enter an order returning the child to the parent or parents. The court shall retain jurisdiction over a child returned to the parent or parents for a period of 6 months, but, at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination as to whether its jurisdiction shall continue or be terminated.
(b)If grounds for dependency have not been established, dismiss the petition.
(2)If the child is in the custody of the department and the court finds that the grounds for termination of parental rights have been established by clear and convincing evidence, the court shall, by order, place the child in the custody of the department for the purpose of adoption.
(3)If the child is in the custody of one parent and the court finds that the grounds for termination of parental rights have been established for the remaining parent by clear and convincing evidence, the court shall enter an order terminating the rights of the parent for whom the grounds have been established and placing the child in the custody of the remaining parent, granting that parent sole parental responsibility for the child.
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Legislative history
s. 9, ch. 87-289; s. 34, ch. 88-337; s. 21, ch. 90-306; s. 73, ch. 91-45; s. 39, ch. 94-164; s. 2, ch. 97-226; s. 1, ch. 98-50; s. 93, ch. 98-403; s. 48, ch. 99-193; s. 37, ch. 2000-139; s. 4, ch. 2001-3; s. 27, ch. 2006-86; s. 28, ch. 2008-245; s. 2, ch. 2013-132; s. 24, ch. 2017-151; s. 12, ch. 2019-128.