Case Plan Goals-Due process requires notice of proposed change to permanency goal and strict adherence to statutory requirements.

In Interest of T.C., — So.3d —- (2018) Mother sought certiorari review of the trial court’s order that placed two of her children in a permanent guardianship with their paternal grandparents and gave the father permanent custody of a third child. Mother argued that the trial court departed from the essential requirements of the law […]

Case Plan Amendment: Trial court departed from the essential requirements of law when it changed case plan goal from reunification to permanent guardianship without an adequate evidentiary basis

S.C.P. v. Department of Children and Families, 220 So.3d 1290 (2017) Only a few months after accepting a reunification case plan, the court changed the goal of mother’s case plan from reunification to permanent guardianship, despite finding the mother in compliance with her case plan. Noting that the rules and statutes contemplate an evidentiary basis […]

Postdisposition Change of Custody: Order effectively granting reunification quashed where dependency court failed to apply proper statutory provisions, misconstrued the evidence and findings were not supported by competent substantial evidence.

In the Interest of I.N., a child. E.N., Petitioner, v…., — So.3d —- (2017) The Second DCA reversed a trial court’s order which “effectively reunified” a child with a father who is alleged to have sexually abused the child. The DCA found that the trial court departed from the essential requirements of law by failing […]

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 […]