R.J. v. Florida Department of Children and Families, 2016 WL 1039178 (Fla. 4th DCA)

R.J., the child at issue, appealed the trial court’s order granting his petition for dependency but denying placement in licensed care. The Fourth District Court of Appeal (Fourth DCA) reversed and remanded. R.J. filed a petition for dependency after his parents refused to allow him to return home following discharge from a residential psychiatric center. […]

Guardian ad Litem Program v. M.H., 184 So.3d 1253 (Fla. 4th DCA 2016)

The Guardian ad Litem program appealed denial of termination of parental rights. The Fourth District Court of Appeal (Fourth DCA) reversed and remanded for further proceedings. The specific question at issue before the Fourth DCA was whether proof of a guilty plea or conviction in a criminal proceeding was required for termination of parental rights […]

R.W. v. Department of Children and Families, 2016 WL 1239878 (Fla. 3rd DCA)

Mother appealed termination of her parental rights. The Third District Court of Appeal (Third DCA) affirmed termination. The Third DCA found merit in only one of the issues mother raised on appeal, her claim that the trial court’s participation in the questioning of witnesses at the adjudication hearing constituted an abandonment of neutrality and impartiality. […]

M.C. v. Department of Children and Families, 2016 WL 717694 (Fla. 3rd DCA)

Mother appealed termination of her parental rights under § 39.806(1)(f). The Third District Court of Appeal (Third DCA) reversed termination. The underlying petition for termination of Mother’s rights alleged that Mother took E.C. to the hospital with “second degree, caustic, liquid burns” on his back, buttocks, right shoulder and right side of his body. Mother […]

Department of Children and Families v. Statewide Guardian ad Litem Program, 2016 WL 869317 (Fla. 1st DCA)

The Department of Children and Families sought certiorari review of a trial court order limiting the Department’s consideration of prospective adoptive homes to one particular family for a sibling group of five children. The First District Court of Appeal (First DCA) agreed that the order violated the separation of powers doctrine and granted certiorari. At […]

Department of Children and Families v. S.A.E., 184 So.3rd 615 (Fla. 1st DCA 2016)

The Department of Children and Families appealed an order adjudicating A.A.A.-E . dependent, asserting the trial court misapplied § 39.01(15)(a). The First District Court of Appeal (First DCA) reversed the dependency adjudication. Mother filed a petition for dependency regarding her son, A.A.A.-E., based on abandonment by Father 12 years prior in Honduras. Mother moved to […]

In re S.A.R.D., 182 So.3d 897 (Fla. 3rd DCA 2016)

S.A.R.D. appealed dismissal of his private petition for dependency. The Third District Court of Appeals (Third DCA) affirmed, finding the record supported the trial court’s finding that S.A.R.D. was not abandoned, abused or neglected by his mother. S.A.R.D. asserted in his petition that he was born in Honduras. He lived primarily with his mother and […]

In re E.P.N., 180 So.3d 249 (Fla. 3rd DCA 2015)

Although the majority affirmed summary denial of E.P.N.’s appeal, a dissent was filed by Justice Salter. Salter noted factual differences in E.P.N.’s case that he believed established a prima facie basis for her claims and was entitled to an evidentiary hearing on her petition. E.P.N. was released by the Office of Refugee Resettlement to her […]

In re B.R.C.M., 2015 WL 9584743 (Fla. 3rd DCA)

B.R.C.M. appealed a summary dismissal of his Petition for Dependency. The Third District Court of Appeals (Third DCA) affirmed and Judge Salter filed a lengthy dissent. B.R.C.M. was born in Guatemala, abandoned by his father at birth and abandoned by his mother when he was four years old. He was raised by his grandmother until […]

N.B. v. Department of Children and Families, 41 Fla. L. Weekly D168 (Fla. 3rd DCA 2016)

Mother appealed termination of her parental rights, asserting that § 39.806(1)(l) is unconstitutional. The Third District Court of Appeals (Third DCA) found the Statute to be constitutional and affirmed termination. Florida Statue § 39.806(1)(l) permits filing a TPR petition when the child or another child of the parent(s) have been placed in out of home […]

In re S.M., 2016 WL 275273 (Fla. 2nd DCA)

Father appealed a final judgment terminating his parental rights and an order denying his motion to set aside his implied consent to termination based on his failure to appear at the hearing. Father asserted that he provided evidence of excusable neglect for his failure to appear. The Second District Court of Appeal (Second DCA) reversed […]

In re B.F., 2016 WL 166669 (Fla. 2nd DCA)

Mother appealed termination of her parental rights. Although the Second District Court of Appeal (Second DCA) affirmed, the Second DCA issued an opinion to express its concern with the elimination of the nexus requirement in amended  § 39.806(1)(f). The Second DCA noted concern regarding the constitutionality of the amendment, specifically that the amendment might not […]

In re E.D., 2015 WL 9487592 (Fla. 2nd DCA)

Mother appealed termination of her parental rights. The Second District Court of Appeal (Second DCA) affirmed but was “compelled to write to remind the trial court about the strict time frames in cases involving the termination of parental rights.” The trial court did not issue its final judgment until eight months after the termination hearing. […]

In re A.W., 2015 WL 9258506 (Fla. 2nd DCA)

Mother appealed termination of her parental rights to her daughters, S.W. and A.W. The Second District Court of Appeal (Second DCA) reversed and remanded, finding that the trial court erroneously applied a statutory amendment retroactively in its findings. N.W. lived with her long-term girlfriend T.H., T.H.’s daughter T.K.H, and N.W.’s daughters. N.W. and T.H. had […]

J.P. v. Florida Department of Children and Families, 2015 WL 167394 (Fla. 1st DCA)

Mother appealed termination of her parental rights as to her daughter, T.P. The First District Court of Appeal (First DCA) affirmed the TPR utilizing the “highly deferential” standard of review. T.P. came to the attention of the department following two hospitalizations for nephrotic syndrome and allegations of medical neglect. Mother was provided training on her […]

Tluzek v. Tluzek, 2015 WL 7017418 (Fla. 5th DCA)

Former wife appealed a final judgment of dissolution. Former Wife argued that it was reversible error to order that their monthly adoption subsidy should be offset against Former Husband’s child support obligations. The Fifth District Court of Appeals (Fifth DCA) found that an adoption subsidy provided by the State of Florida to the parents of […]

In re E.D., 2015 WL 9487592 (Fla. 2d DCA)

In affirming the trial court’s final judgment that terminated the mother’s parental rights to her four children, the Second District Court of Appeal emphasized the importance of trial courts adhering to specific time frames in cases involving termination of parental rights.  In this case, the trial court did not render its final termination of parental […]

R.T. v. Florida Department of Children and Families, 2015 WL 5139483 (Fla. 3rd DCA)

The Father appealed termination of his parent rights based on abandonment.   The Third District Court of Appeal (Third DCA) affirmed termination.   Although Father maintained a telephonic relationship with his child, the trial record supported that Father was unable to care for the child. The Third DCA found the evidence supported a finding that it was […]

Statewide Guardian ad Litem Program v. A.A., 2015 WL 4510417 (Fla. 5th DCA)

The Statewide Guardian ad Litem Program (GAL) and the Department of Children and Families (DCF) appealed the trial court’s Final Judgment Denying Involuntary Termination of Parental Rights and Ordering a Permanent Guardianship Case Plan. The trial court found that DCF proved statutory grounds for termination as to Mother and Father by clear and convincing evidence […]

In re B.Y.G.M., 176 So. 3d 290 (Fla. 3rd DCA 2015)

B.Y.G.M. appealed dismissal of her private petition for dependency on the basis of abandonment and neglect by her father. The Third District Court of Appeal (Third DCA) affirmed. B.Y.G.M. was abandoned by her father when she was eight months old in El Salvador. She lived with her grandparents until she fled to the United States […]

In re K.B.L.V., 176 So. 3d 279 (Fla. 3rd DCA 2015)

K.B.L.V. appealed dismissal of his private petition for dependency based upon abandonment. The Third District Court of Appeal (Third DCA) affirmed. K.B.L.V. was seventeen years old when he filed a private petition for dependency. At the time, he was living with his mother in Florida. It was undisputed that his father abandoned him in Honduras. […]

M.M. v. Department of Children and Family Services, 2015 WL 4077501 (Fla. 3rd DCA)

Father sought review of an order terminating the Department of Children and Families’ (Department) supervision of the children. The Third District Court of Appeal (Third DCA) granted the petition only as to the portion of the order that limited father’s future visitation with the children. The trial court terminated supervision of the children based on […]

In re R.T., 2015 WL 1259666 (Fla. 2d DCA)

Mother petitioned the court for a writ of certiorari seeking to quash the trial court’s order requiring her three teenage sons to undergo therapeutic assessments in connection with the denial of Mother’s motion to amend a safety plan prohibiting Mother’s husband, S.K., from having contact with her sons. The Second District Court of Appeal (Second […]

In re YV., 2015 WL 1578561 (Fla. 1st DCA)

This appeal follows dismissal of a private petition for dependency on behalf of a minor child who illegally emigrated alone from Honduras to the United States. Y.V. was abused and abandoned by his parents in Honduras. He crossed the Mexico-United States border alone, was picked up by “authorities,” who contacted his uncle in Florida. Uncle […]

Department of Children and Families v. T.S., 154 So.3d 1223 (Fla. 4th DCA 2015)

The trial court dismissed a petition for dependency sua sponte at a fourth continued arraignment hearing over the objection of the Department of Children and Families (Department). The matter had been continued three times because the Department was unable to locate either parent, and the child absconded from shelter placement. A pick-up order was outstanding […]