In re J.H., 2016 WL 6777133 (Fla. 2nd DCA)

The Guardian ad Litem Program (GAL) appealed an order dismissing a dependency petition for two siblings while adjudicating the third sibling. The Second District Court of Appeal (Second DCA) reversed dismissal of the two petitions finding the trial court failed to recognize the nexus between the severe abuse of Le.H. and the substantial risk of […]

In re N.L., 210 So. 3d 1288 (Fla. 2nd DCA 2016)

Father appealed an order adjudicating his child dependent. The Second District Court of Appeal reversed. The trial court found the child to be dependent as to Father solely based on Father’s failure to comply with a case plan for older children previously found dependent. No evidence was presented that the child was at “substantial risk of imminent abuse,abandonment […]

In re D.O., 210 So.3d 1242 (Fla. 2nd DCA 2016)

Father appealed the trial court’s order terminating supervision and jurisdiction over his child.  The Department of Children and Families (Department) and the Guardian ad Litem conceded error, specifically that Father was not given notice that the Department’s motion to terminate protective supervision would be heard at a previously scheduled review hearing. Three days before the scheduled […]

In re Le.H., 2016 WL 3001283 (Fla. 2nd DCA)

Both the parents and the Guardian ad litem Program filed petitions for a writ of certiorari to review an order sheltering one child but denying to shelter his siblings. The Second District Court of Appeal (Second DCA), denied the parents’ petition but granted the GAL’s petition and quashed the portion of the order denying to […]

In re S.M., 2016 WL 275273 (Fla. 2nd DCA)

Father appealed a final judgment terminating his parental rights and an order denying his motion to set aside his implied consent to termination based on his failure to appear at the hearing. Father asserted that he provided evidence of excusable neglect for his failure to appear. The Second District Court of Appeal (Second DCA) reversed […]

In re B.F., 2016 WL 166669 (Fla. 2nd DCA)

Mother appealed termination of her parental rights. Although the Second District Court of Appeal (Second DCA) affirmed, the Second DCA issued an opinion to express its concern with the elimination of the nexus requirement in amended  § 39.806(1)(f). The Second DCA noted concern regarding the constitutionality of the amendment, specifically that the amendment might not […]

In re E.D., 2015 WL 9487592 (Fla. 2nd DCA)

Mother appealed termination of her parental rights. The Second District Court of Appeal (Second DCA) affirmed but was “compelled to write to remind the trial court about the strict time frames in cases involving the termination of parental rights.” The trial court did not issue its final judgment until eight months after the termination hearing. […]

In re A.W., 2015 WL 9258506 (Fla. 2nd DCA)

Mother appealed termination of her parental rights to her daughters, S.W. and A.W. The Second District Court of Appeal (Second DCA) reversed and remanded, finding that the trial court erroneously applied a statutory amendment retroactively in its findings. N.W. lived with her long-term girlfriend T.H., T.H.’s daughter T.K.H, and N.W.’s daughters. N.W. and T.H. had […]

In re E.D., 2015 WL 9487592 (Fla. 2d DCA)

In affirming the trial court’s final judgment that terminated the mother’s parental rights to her four children, the Second District Court of Appeal emphasized the importance of trial courts adhering to specific time frames in cases involving termination of parental rights.  In this case, the trial court did not render its final termination of parental […]

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 […]

J.A.I. v. B.R., 2015 WL 404001 (Fla. 2d DCA)

J.A.I. and J.K.C. filed a petition for writ of certiorari seeking review of a trial court order requiring them and J.A.I.’s daughter to submit to genetic testing for the purpose of determining paternity. The Second District Court of Appeal (Second DCA) granted the writ finding that B.R. was precluded from challenging paternity. J.A.I. and J.K.C. […]

In re A.W.J., 143 So. 3d 1109 (Fla. 2nd DCA 2014)

Both Mother and Father separately appealed an order adjudicating their child dependent based on physical abuse. The Second District Court of Appeal (Second DCA) reversed the adjudication order. Father testified that he placed his 6 month old child in a Bumbo chair and went in the kitchen. Mother was not at home. While Father was […]

In re G.M., Jr., 71 So.3d 924 (Fla. 2d DCA 2011)

The father appealed the trial court’s order terminating his parental rights based on his failure to complete his case plan tasks and abandonment. The father argued he was unable to comply with his case plan because the Department of Children and Family Services (department) failed to make reasonable efforts to reunify the father with his […]

In re G.M., 73 So.3d 320 (Fla. 2d DCA 2011)

The mother appealed the trial court’s order denying her motion for reunification and that terminated protective supervision with her child in the custody of his non-offending father. Both the mother and father’s case plan goal was reunification and the trial court had found the mother and father (who lived in another state) were in substantial […]

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 […]