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. B.C., 2016 WL 635072 (Fla. 1st DCA)

The Department of Children and Families and the Guardian ad Litem Program appealed denial of a petition for termination of parental rights. The First District Court of Appeal (First DCA) reversed denial and remanded for further proceedings. Although the trial court found the termination of parental rights was statutorily warranted and in the manifest best […]

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 […]

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 […]

Department of Children and Families v. B.C., 2016 WL 635072 (Fla. 1st DCA)

To terminate parental rights there must be: the existence of a statutory ground for termination under § 39.806; that termination is in the child’s manifest best interests under § 39.810; and the termination of parental rights is the least restrictive means of protecting the child from serious harm. The trial court concluded based on clear […]

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 […]

W.W. v. Department of Children and Families, 159 So.3d 999 (Fla. 1st DCA 2015)

Father petitioned for writ of certiorari regarding an Order denying his motions to reinstate supervised visitation and to declare Florida Statute s 39.0139 unconstitutional. The First District Court of Appeal (First DCA) found review of such an order is properly addressed by appeal and treated the petition as an appeal pursuant to Florida Rule of […]

C.D. v. Department of Children and Families, 2015 WL 848157 (Fla. 1st DCA)

Mother appealed a decision terminating her parental rights. The First District Court of Appeal (First DCA) reversed and remanded only the trial court’s ruling that termination was the least restrictive means of protecting her children from harm. At the termination trial, Dr. Flynn, the family therapist working with mother and the children, testified that he […]

State v. T.S., 155 So.3d 476 (Fla. 1st DCA 2015)

The trial court found that the Department of Children and Families (Department) met the statutory factors for termination of parental rights and established that termination was in the best interests of the child but denied termination, finding it was not the least restrictive means to protect the child. The Department appealed the findings related to […]

A.H. v. Department of Children and Families, 144 So. 3d 662 (Fla. 1st DCA 2014)

Mother appealed termination of her parental rights arguing that the court’s findings that that she abandoned her child and that termination was the least restrictive means of protecting the child were erroneous. The First District Court of Appeal (First DCA) reversed termination solely on the issue that the trial court failed to find that termination […]

J.B. v. Department of Children and Families, 2014 WL 4976981 (Fla. 1st DCA)

Mother appealed termination of her parental rights claiming she was denied effective assistance of counsel. The First District Court of Appeal (First DCA) affirmed termination but addressed the current standard for determining ineffective assistance of counsel and the procedure for raising an ineffective claim. The First DCA certified both questions. Mother asserted a number of […]

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), […]