Immigration – Determination of Dependency

M.P.L. v. Department of Children and Families, 2017 WL 192024 (Fla. 4th DCA) Establishing dependency based on being a child with “no parent or legal custodians capable of providing supervision and care.” § 39.01(15)(e), Fla. Stat. (2015) Judge Forst’s dissent noted the textual discrepancy between Florida Statute § 39.01(15) (e), which limits a child’s caregiver to “parents […]

B.B.S. v. Rodriguez-Murguia, 2016 WL 2744994 (Fla. 4th DCA)

This case involves a child support matter and not a dependency matter but the issue in question could pertain to dependency matters. The appellants (the Children) appealed a trial court order dismissing their cause of action to determine maternity.   The Fourth District Court of Appeal (Fourth DCA) reversed and remanded for further proceedings. The Children’s […]

M.D. v. State, 187 So.3d 1275 (Fla. 4th DCA 2016)

Father appealed termination of his parental rights which was based on abandonment. The Fourth District Court of Appeal (Fourth DCA) affirmed termination. Father was incarcerated at the time of the termination trial and had been incarcerated for the two years prior to the trial. Father testified at trial that the last time he saw his […]

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 […]

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 […]

V.C.B. v. Shakir, 145 So.3d 967 (Fla. 4th DCA 2014)

Maternal grandparents appealed the denial of their petition to terminate Father’s rights and adopt their grandchild. The trial court found that Father abandoned the child both financially and emotionally but that Father did not willfully disregard the minor child’s safety. The trial court held that such a finding was necessary to terminate parental rights pursuant […]

E.H. v. Department of Children and Families, 147 So.3d 616 (Fla. 4th DCA 2014)

Mother appealed the dependency adjudication of her child, asserting the trial court’s order was not supported by competent substantial evidence. The Fourth DCA affirmed the trial court’s adjudication order. Mother had a history of mental illness and domestic violence with father. Four years prior, mother had another child removed following allegations that mother said she […]

E.R. v. Department of Children and Families, 143 So. 3rd 1131 (Fla. 4th DCA 2014)

The Fourth District Court of Appeal (Fourth DCA) reversed the trial court’s order adjudicating Mother and Father’s children dependent. Specifically, the Fourth DCA (in E.R.) held that the trial court’s finding that Mother “placed both the minor children at imminent risk of neglect and harm” was not supported by “competent, substantial evidence.” The underlying case was […]