T.N.L. v. Department of Children and Families, 2014 WL 223001 (Fla. 4th DCA)

The mother appealed the trial court’s order denying her motion for reunification and placing her child with the father. The mother argued the trial court erred in denying reunification because she was in substantial compliance with her case plan and the trial court did not make any findings that the child’s safety and well-being would […]

R.L.R. v. State, 116 So.3d 570 (Fla. 3d DCA 2014)

R.L.R, a dependent young adult, filed a petition for writ of mandamus to compel the trial court to reverse its order directing his attorneys ad litem to disclose juvenile whereabouts after he had run away. R.L.R. had been appointed two attorneys ad litem to represent him. The attorneys representing him refused to disclose his whereabouts […]

A.D. v. Department of Children and Families, 2013 WL 3742775 (Fla. 3d DCA)

The father appealed the trial court’s order terminating the mother’s parental rights. The father argued, “he was denied due process when the trial court refused to appoint counsel for him at the mother’s termination of parental rights proceedings and as a result, he was also denied his right to be heard at her trial.” The […]

D.C. v. J.M., 133 So.3d 1080 (Fla. 3d DCA 2014)

The mother sought a writ of certiorari quashing a “Partial Order on Foster Parents’ Motion to Intervene” entered by the trial court. The foster parents’ motion alleged that they had “direct and immediate interests” in the dependency cases relating to the mother’s children in their care and that they had a right to intervene and […]

In re J.B.,130 So.3d 753 (Fla. 2d DCA 2014)

The father appealed the trial court’s order terminating protective supervision and placing his two children in permanent guardianship. At the time of the latest judicial review, neither the father nor the mother had achieved their case plan goals. The children had been living in non-relative foster care for about 18 months. The day before the […]

A.C. v. Department of Children and Family Services and Guardian ad Litem Program,136 So.3d 720 (Fla. 2d DCA 2014)

The Second District Court of Appeal (Second DCA) reversed the trial court’s order placing the father’s three children in permanent guardianship. Although the trial court’s decision to place the children in a permanent guardianship was supported by competent, substantial evidence, the trial court’s order failed to contain or reference the findings required by § 39.6221(2)(a),Fla. […]

In re A.P., 135 So.3d 541 (Fla. 2d DCA 2014)

The father appealed the trial court’s order adjudicating his children dependent based upon an unsecured gun being found in the home.   The Second District Court of Appeal (Second DCA) reversed the dependency adjudication holding the “application of § 39.01(15)(f) requires “the necessity of a continuing risk-not just a risk that existed sometime in the […]

In re S.M.,136 So.3d 1271 (Fla. 2d DCA 2014)

The father and mother petitioned for a writ of certiorari to quash the trial court’s disposition order that accepted the case plan requiring each parent to submit to a psychiatric evaluation and a substance abuse evaluation. The Second District Court of Appeal (Second DCA) agreed with the parents and quashed the part of the order […]

In re A.K., 2014 WL 1696142(Fla. 2d DCA)

The father (a non-offending parent living in Tennessee), appealed the trial court’s order setting permanent guardianship and placement of father’s children with their maternal grandparents and denying father’s motion for reunification. When the Department of Children and Families (department) moved to terminate services and request the children be placed permanently with the grandparents, the department […]

S.B. v. Department of Children and Families, 132 So.3d 1243 (Fla. 1st DCA 2014)

The father of three daughters and their half-brother, appealed the trial court’s termination of his parental rights. The Department of Children and Families’  (the department) petition was based on the argument that the “incarcerated father’s continued relationship with his children would be harmful to them within meaning of termination of parental rights statute. § 39.806(1)(d), […]

H.C. v. Department of Children and Families, 2014 WL 3805524 (Fla. 5th DCA)

The mother appeals the final order entered by the trial court denying her motion to re-open her children’s dependency case in order to modify the trial court’s previously entered order placing children in permanent guardianship with their paternal grandparents. The Fifth District Court of Appeal  affirmed the trial court’s order because, contrary to the mother’s […]

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 […]

K.S. v. Depart. of Children and Families, 136 So.3d 1289 (Fla. 1st DCA 2014)

The trial court found the children to be dependent based on the consent of Father.  No evidentiary hearing was held and no written findings were issued.  Mother had requested an evidentiary hearing within the statutory requirements but the trial court based the dependency solely on the father’s consent to dependency.  The First District Court of […]