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 review hearing, the Department filed a motion to terminate protective supervision and jurisdiction.  Over Father’s objection, the court terminated supervision finding that mother complied with her case plan.  The court noted any issues between the parents could be addressed in family court.

Citing to C.K. v. Department of Children and Families, 88 So. 3d 975 (Fla. 2d DCA 2012) and J.S. v. Dep’t of Children and Families, 75 So. 3d 808 (Fla. 1st DCA 2011), the Second District Court of Appeal (Second DCA) held that terminating supervision without prior notice to father was in error.  The Second DCA reversed and remanded.

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