J.H. v. Department of Children and Families, 2014 WL 3559381 (Fla. 5th DCA)

The Department of Children and Families appealed denial of its petition for termination of parental rights.  The Fifth District Court of Appeal (Fifth DCA) affirmed the trial court’s decision but issued its opinion without prejudice, specifically granting the Department permission to refile for termination of parental rights if Father is sentenced to a significant prison […]

J.O. v. Department of Children and Families, 2014 WL 3534231 (Fla. 5th DCA)

Father appealed the trial court’s decision finding his son dependent.  Although the Fifth District Court of Appeal (Fifth DCA) affirmed most of the dependency order, the Fifth DCA reversed the portion of the decision that prohibited all contact between Father and son until Father’s release from incarceration.  All contact, including telephonic, was prohibited by the […]

In the Interest of I.B., 2014 WL 3375933 (Fla. 5th DCA)

The Fifth District Court of Appeal (Fifth DCA) withdrew its previous opinion dated May 9, 2014 following review of a motion for rehearing by the adoption intermediary for the prospective adoptive parents (foster parents).  The prospective adoptive parents appealed the trial court’s order striking Mother’s adoption consent.   The Fifth DCA reversed the decision, finding insufficient […]

M.G. v. Department of Children and Families, 2014 WL 2968818 (Fla. 5th DCA)

Mother appealed the order of disposition adjudicating her children dependent and relinquishing the court’s jurisdiction.  The Fifth District Court of Appeal agreed with Mother and found that the trial court committed reversible error in failing to hold a disposition hearing.  The matter was remanded for a disposition hearing pursuant to Fla. Statute § 39.521. Read […]

H.C. v. Department of Children and Family Services and Guardian ad Litem Program, 141 So.3d 243 (Fla. 3d DCA 2014)

Father appealed an order adjudicating his children dependent based on a finding of abuse pursuant to § 39.01(2), Florida Statutes.   The Department Children and Family Services (Department) alleged abuse of Father’s two-year-old child based on “two purple-green, non-patterned bruises” and a “purple loop mark” on the child’s thigh.  Testimony at the dependency adjudication hearing was […]

In the Interest of J.S., 2014 WL 3674049 (Fla. 2nd DCA)

The Guardian ad Litem Program(GAL) appealed the trial court’s order modifying the child’s placement.  The GAL argued the trial court failed to consider whether the change of placement was in the child’s best interest.  The Second District Court of Appeal (Second DCA) agreed with the GAL. Although the trial court modified the child’s placement, nothing […]

In the Interest of A.R., 2014 WL 3537020 (Fla. 2nd DCA)

Father appealed termination of his parental rights following Mother’s private petition for termination.  Mother’s underlying petition cited Fla. Statute § 39.806(1)(d)(1), which allows for termination when the parent is expected to be incarcerated for a significant portion of the child’s minority.  The trial court did not permit Father to present evidence regarding the nature of […]