Motion for Reunification Requires an Evidentiary Hearing: Mother was entitled to an evidentiary hearing on her motion for reunification with dependent child before court granted Department of Children and Families’ motion to terminate protective services

J.G. v. Department of Children and Families, 220 So.3d 555 (2017)

The Department of Children and Families filed motion to terminate protective supervision as to child, who was in the custody of her non-offending father, and the Mother filed a motion for reunification, asserting that she had completed her case plan services. Without conducting a hearing on the Mother’s motion for reunification, and over the mother’s objection, the trial court entered an order granting the Department’s motion to terminate protective supervision and stated that the trial court was not retaining jurisdiction.

On appeal, the Department conceded that the Mother was entitled to an evidentiary hearing on her motion for reunification. The Third DCA agreed and reversed the order and remanded the case for an evidentiary hearing on mother’s motion.

Read the Opinion

Back