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 […]
A.A. v. Department of Children and Families, 147 So.3d 621 (Fla. 3rd DCA 2014)
Mother filed a petition for writ of certiorari for review of the trial court’s denial of her motion to modify a permanency order and reunification with her children. The Third DCA granted Mother’s petition. The children had been placed in a permanent guardianship with their stepfather and Mother had maintained supervised visitation. Mother sought to […]
R.W. v. Department of Children and Families, 147 So.3d 631 (Fla. 3rd DCA 2014)
Father appealed termination of his parental rights. The Department of Children and Families (department) confessed error and the Third District Court of Appeal (Third DCA) reversed the termination of parental rights. Although the trial court’s written final judgment found abandonment as the basis for terminating Father’s parental rights, the trial court orally pronounced, “I won’t […]
A.F. v. Department of Children and Families, 2014 WL 5151623 (Fla. 3rd DCA)
The Mother appeals the trial court’s order terminating her parental rights arguing that the trial court committed reversible error by appointing an attorney ad litem rather than appointing a guardian ad litem to represent the best interests of the child. The Third District Court of Appeal (Third DCA) held that because the right to have […]
R.C. v. Department of Children and Family Services, 2014 WL 6679008 (Fla. 3rd DCA)
Mother petitioned the Third District Court of Appeal (Third DCA) for a writ of certiorari from a sua sponte order directing her to submit to a pregnancy test. The Third DCA quashed the order, finding that the trial court failed to provide Mother notice, and that there was no showing of good cause to support […]
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 […]
Department of Children and Families v. C.T., 144 So. 3d 684 (Fla. 1st DCA 2014)
The Department Of Children and Families (department) appealed a post dependency order finding that the Interstate Compact on the Placement of Children (ICPC) does not apply to the placement of children with out of state parents. The First District Court of Appeals (First DCA) agreed and reversed that portion of the order. The children were […]
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 […]
January 2015 Legal Briefs Newsletter
Protected: Florida Retirement System Regarding Retirement Beneficiaries for Legal Spouses
R.A. v. Department of Children and Families, 83 So.3d 841 (Fla. 5th DCA 2011)
The father appealed the trial court’s order terminating his parental rights to his five children. He argues the trial court erred in finding the grounds of consent (based on his failure to appear) and abandonment. The father appeared by phone at the advisory hearing where he entered a denial to the termination petition. At the […]
S.S. v. Department of Children and Families, 75 So. 3d 818 (Fla. 5th DCA 2011)
The mother appealed the trial court’s order terminating her parental rights to her children – three oldest children and one child born after the dependency proceedings began. One of the arguments made by the mother was that the Department of Children and Families (department) could not include the phrase “no new law violations” in her […]
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 […]
M.A.C. v. Florida Dept. of Children and Families, 73 So.3d 327 (Fla. 1st DCA 2011)
The mother appealed the trial court’s order terminating supervision, adjudicating the child dependent and placing the child with her father who lives out of state. The child was on an “extended visit” with her father in another state. The child’s permanent residence was with the mother. The mother argued that the trial court did not […]