A.A. v. Department of Children and Families, 147 So.3d 621 (Fla. 3rd DCA 2014)

Mother filed a petition for writ of certiorari for review of the trial court’s denial of her motion to modify a permanency order and reunification with her children. The Third DCA granted Mother’s petition. The children had been placed in a permanent guardianship with their stepfather and Mother had maintained supervised visitation. Mother sought to […]

R.W. v. Department of Children and Families, 147 So.3d 631 (Fla. 3rd DCA 2014)

Father appealed termination of his parental rights. The Department of Children and Families (department) confessed error and the Third District Court of Appeal (Third DCA) reversed the termination of parental rights. Although the trial court’s written final judgment found abandonment as the basis for terminating Father’s parental rights, the trial court orally pronounced, “I won’t […]

A.F. v. Department of Children and Families, 2014 WL 5151623 (Fla. 3rd DCA)

The Mother appeals the trial court’s order terminating her parental rights arguing that the trial court committed reversible error by appointing an attorney ad litem rather than appointing a guardian ad litem to represent the best interests of the child. The Third District Court of Appeal (Third DCA) held that because the right to have […]

In re A.W.J., 143 So. 3d 1109 (Fla. 2nd DCA 2014)

Both Mother and Father separately appealed an order adjudicating their child dependent based on physical abuse. The Second District Court of Appeal (Second DCA) reversed the adjudication order. Father testified that he placed his 6 month old child in a Bumbo chair and went in the kitchen. Mother was not at home. While Father was […]

A.H. v. Department of Children and Families, 144 So. 3d 662 (Fla. 1st DCA 2014)

Mother appealed termination of her parental rights arguing that the court’s findings that that she abandoned her child and that termination was the least restrictive means of protecting the child were erroneous. The First District Court of Appeal (First DCA) reversed termination solely on the issue that the trial court failed to find that termination […]

J.B. v. Department of Children and Families, 2014 WL 4976981 (Fla. 1st DCA)

Mother appealed termination of her parental rights claiming she was denied effective assistance of counsel. The First District Court of Appeal (First DCA) affirmed termination but addressed the current standard for determining ineffective assistance of counsel and the procedure for raising an ineffective claim. The First DCA certified both questions. Mother asserted a number of […]

In re G.M., Jr., 71 So.3d 924 (Fla. 2d DCA 2011)

The father appealed the trial court’s order terminating his parental rights based on his failure to complete his case plan tasks and abandonment. The father argued he was unable to comply with his case plan because the Department of Children and Family Services (department) failed to make reasonable efforts to reunify the father with his […]

In re G.M., 73 So.3d 320 (Fla. 2d DCA 2011)

The mother appealed the trial court’s order denying her motion for reunification and that terminated protective supervision with her child in the custody of his non-offending father. Both the mother and father’s case plan goal was reunification and the trial court had found the mother and father (who lived in another state) were in substantial […]